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Section 35 of the Information Technology Act, 2000
Electronic signature Certificate applications must be made in the prescribed form, with the prescribed fee and a certification practice statement or regulatory particulars where no such statement exists. The Certifying Authority may conduct enquiries before granting a Certificate. Any rejection must be supported by written reasons, and the applicant must receive a reasonable opportunity to show cause against the proposed rejection.
Section 34 of the Information Technology Act, 2000
Certifying Authorities must disclose electronic signature certificates, relevant certification practice statements, certificate revocation or suspension, and facts materially affecting certificate reliability or their ability to provide certification services. Where an event may materially affect computer-system integrity or conditions governing grant of an electronic signature certificate, they must notify persons likely to be affected through reasonable efforts or follow the procedure in their certification practice statements.
Section 33 of the Information Technology Act, 2000
Every Certifying Authority whose licence is suspended or revoked must immediately surrender the licence to the Controller. Failure to surrender the licence makes the person in whose favour it was issued liable to a penalty, which may extend to five lakh rupees.
Section 32 of the Information Technology Act, 2000
Every Certifying Authority must display its licence conspicuously at the premises where it carries on business. The requirement ensures that the licence is readily visible at the operational site.
Section 31 of the Information Technology Act, 2000
Certifying Authorities must ensure that every employee and other person engaged by them complies, while acting in the course of employment or engagement, with the Information Technology Act, 2000, and all rules, regulations, and orders made under it. The provision imposes an institutional compliance responsibility extending beyond the certifying entity itself to persons performing work under its direction or on its behalf.
Section 30 of the Information Technology Act, 2000
Certifying Authorities must deploy systems and procedures secure from intrusion and misuse, provide reliable services suited to intended functions, and protect the secrecy and privacy of electronic signatures. They must maintain a repository of issued electronic signature Certificates, publish information on their practices and certificate status, and comply with further regulatory standards.
Section 29 of the Information Technology Act, 2000
Section 29 permits the Controller or an authorised person, on reasonable cause to suspect a contravention of the relevant Chapter, to access computer systems, connected apparatus, data and other material for obtaining available information or data. A person responsible for or involved in operating the relevant system, data, apparatus or material may be ordered to provide reasonable technical and other necessary assistance.
Section 28 of the Information Technology Act, 2000
Section 28 establishes an investigation mechanism for contraventions of the Information Technology Act, 2000, and of rules and regulations made under it. The Controller or an authorised officer must investigate such contraventions and exercise powers corresponding to those conferred on Income-tax authorities, subject to applicable statutory limitations.
Section 27 of the Information Technology Act, 2000
Written authorisation enables the Controller to delegate any power exercisable under the Chapter regulating Certifying Authorities to a Deputy Controller, Assistant Controller, or any other officer. Delegation must be made in writing and permits the authorised officer to exercise those delegated Controller powers within the Chapter pursuant to that authorisation.
Section 26 of the Information Technology Act, 2000
Suspension or revocation of a Certifying Authority's licence requires the Controller to publish notice in the maintained database and, where repositories are specified, in each repository. The database carrying the notice must remain accessible through a website on a round-the-clock basis. Further publicity may be given through appropriate electronic or other media where considered necessary.
Section 25 of the Information Technology Act, 2000
Licensing control of Certifying Authorities permits the Controller to revoke a licence for materially false application particulars, breach of licence conditions, failure to maintain prescribed procedures and standards, or contravention of applicable legal requirements. Revocation requires a reasonable opportunity to show cause. Where reasonable cause exists for revocation, the licence may be suspended pending inquiry; suspension beyond ten days also requires such opportunity. No electronic signature certificates may be issued during suspension.
Section 24 of the Information Technology Act, 2000
Licensing of Certifying Authorities requires the Controller to consider the documents accompanying a licence application and other appropriate factors before granting or rejecting it. Rejection is subject to procedural fairness, and cannot occur unless the applicant has been given a reasonable opportunity to present its case.
Section 23 of the Information Technology Act, 2000
Renewal of a Certifying Authority licence requires an application in the prescribed form, accompanied by the prescribed fee subject to a maximum of five thousand rupees, and filed at least forty-five days before expiry of the licence validity period. The Central Government prescribes the applicable form and fee within that limit.
Section 22 of the Information Technology Act, 2000
Applications for a licence must be made in the form prescribed by the Central Government and accompanied by a certification practice statement, applicant-identification procedures, the prescribed fee subject to the statutory ceiling, and other prescribed documents.
Section 21 of the Information Technology Act, 2000
Licensing for the issuance of electronic signature Certificates is available upon application to the Controller, subject to prescribed eligibility requirements. Applicants must meet standards relating to qualifications, expertise, manpower, financial resources and infrastructure. Licences are valid for the prescribed period, are not transferable or heritable, and remain subject to regulatory conditions.
Section 20 of the Information Technology Act, 2000
Section 20 concerning the Controller's role as repository for Digital Signature Certificates was omitted with effect from 27 October 2009. Before omission, the Controller was required to retain issued Digital Signature Certificates, use secure systems and procedures against intrusion and misuse, comply with prescribed security standards, and maintain a computerised database of public keys accessible to the public.
Section 19 of the Information Technology Act, 2000
Recognition of foreign Certifying Authorities is subject to regulatory conditions and restrictions, prior governmental approval, and notification in the Official Gazette. A recognised foreign Certifying Authority may function for statutory purposes, and its electronic signature Certificates are valid for those purposes. Recognition may be revoked upon contravention of attached conditions or restrictions, provided written reasons are recorded and revocation is notified in the Official Gazette.
Section 18 of the Information Technology Act, 2000
Section 18 empowers the Controller to supervise Certifying Authorities, certify public keys, prescribe operational standards, and regulate their business conditions, employee qualifications, electronic signature Certificates, advertising materials, accounts, and auditors. The Controller may regulate electronic systems and subscriber dealings, resolve conflicts of interest, lay down duties, and maintain a publicly accessible database of prescribed disclosure records for every Certifying Authority.
Section 17 of the Information Technology Act, 2000
Section 17 empowers the Central Government to appoint a Controller of Certifying Authorities, along with Deputy Controllers, Assistant Controllers, officers and employees, through notification in the Official Gazette. The Controller functions under governmental control and direction, while Deputy and Assistant Controllers perform assigned functions under the Controller's superintendence. Service qualifications and conditions are prescribed by the Central Government, which also determines the locations of head and branch offices. The Office of the Controller is required to have a seal.
Section 16 of the Information Technology Act, 2000
Security procedures and practices for secure electronic records and secure electronic signatures may be prescribed for the purposes of sections 14 and 15. Their formulation must take account of commercial circumstances, the nature of relevant transactions, and other related factors considered appropriate, linking electronic security measures to transaction-specific operational conditions.