Section No VI
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REGULATION OF CERTIFYING AUTHORITIES |
| 17 |
Appointment of Controller and other officers |
|
| (1) |
The Central Government may, by notification in the Official Gazette,
appoint a Controller of Certifying Authorities for the purposes of this
Act and may also by the same or subsequent notification appoint such number
of Deputy Controllers and Assistant Controllers as it deems fit. |
| (2) |
The Controller shall discharge his functions under this Act subject
to the general control and directions of the Central Government. |
| (3) |
The Deputy Controllers and Assistant Controllers shall perform the
functions assigned to them by the Controller under the general superintendence
and control of the Controller. |
| (4) |
The qualifications, experience and terms and conditions of service
of Controller, Deputy Controllers and Assistant Controllers shall be such
as may be prescribed by the Central Government. |
| (5) |
The Head Office and Branch Office of the Office of the Controller shall
be at such places as the Central Government may specify, and these may
be established at such places as the Central Government may think fit. |
| (6) |
There shall be a seal of the Office of the Controller. |
|
| 18 |
The Controller may perform all or any of the following functions,
namely - |
|
| (a) |
exercising supervision over the activities of the Certifying Authorities; |
| (b) |
certifying public keys of the Certifying Authorities |
| (c) |
laying down the standards to be maintained by the Certifying Authorities; |
| (d) |
specifying the qualifications and experience which employees of the
Certifying Authorities should possess; |
| (e) |
specifying the conditions subject to which the Certifying Authorities
shall conduct their business; |
| (f) |
specifying the content of written, printed or visual material
and advertisements that may be distributed or used in respect of a Digital
Signature Certificate and the Public Key; |
| (g) |
specifying the form and content of a Digital Signature Certificate
and the key; |
| (h) |
specifying the form and manner in which accounts shall be maintained
by the Certifying Authorities; |
| (i) |
specifying the terms and conditions subject to which auditors may be
appointed and the remuneration to be paid to them; |
| (j) |
facilitating the establishment of any electronic system by a Certifying
Authority either solely or jointly with other Certifying Authorities and
regulation of such systems; |
| (k) |
specifying the manner in which the Certifying Authorities shall conduct
their dealings with the subscribers; |
| (l) |
resolving any conflict of interests between the Certifying Authorities
and the subscribers; |
| (m) |
laying down the duties of the Certifying Authorities; |
| (n) |
maintaining a data-base containing the disclosure record of every Certifying
Authority containing such particulars as may be specified by
regulations, which shall be accessible to public. |
|
| 19 |
Recognition of foreign Certifying Authorities |
|
| (1) |
Subject to such conditions and restrictions as may be specified by
regulations, the Controller may with the previous approval of the Central
Government, and by notification in the Official Gazette, recognise any
foreign Certifying Authority as a Certifying Authority for the purposes
of this Act. |
| (2) |
Where any Certifying Authority is recognised under sub-section (1),
the Digital Signature Certificate issued by such Certifying Authority shall
be valid for the purposes of this Act. |
| (3) |
The Controller may if he is satisfied that any Certifying Authority
has contravened any of the conditions and restrictions subject to
which it was granted recognition under sub-section (1) he may, for reasons
to be recorded in writing, by notification in the Official Gazette, revoke
such recognition. |
|
| 20 |
Controller to act as repository |
|
| (1) |
The Controller shall be the repository of all Digital Signature Certificates
issued under this Act. |
| (2) |
The Controller shall -
| (a) |
make use of hardware, software and procedures that are secure from
intrusion and misuse; |
| (b) |
observe such other standards as may be prescribed by the Central
Government, to ensure that the secrecy and security of the digital signatures
are assured. |
|
| (3) |
The Controller shall maintain a computerised data-base of all public
keys in such a manner that such database and the public keys are available
to any member of the public. |
|
| 21 |
License to issue digital signature certificates |
|
| (1) |
Subject to the provisions of sub-section (2), any person may make an
application, to the Controller, for a licence to issue Digital Signature
Certificates. |
| (2) |
No licence shall be issued under sub-section (1), unless the applicant
fulfills such requirements with respect to qualification, expertise, manpower,
financial resources and other infrastructure facilities, which are necessary
to issue Digital Signature Certificates as may be prescribed by the Central
Government. |
| (3) |
A licence granted under this section shall -
| (a) |
be valid for such period as may be prescribed by the Central Government; |
| (b) |
not be transferable or heritable; |
| (c) |
be subject to such terms and conditions as may be specified by the
regulations. |
|
|
| 22 |
Application for licence |
|
| (1) |
Every application for issue of a licence shall be in such form as may
be prescribed by the Central Government . |
| (2) |
Every application for issue of a licence shall be accompanied by-
| (a) |
a certification practice statement; |
| (b) |
a statement including the procedures with respect to identification
of the applicant; |
| (c) |
payment of such fees, not exceeding twenty-five thousand rupees as
may be prescribed by the Central Government; |
| (d) |
such other documents, as may be prescribed by the Central Government. |
|
|
| 23 |
Renewal of licence |
|
An application for renewal of a licence shall be -
| (a) |
in such form; |
| (b) |
accompanied by such fees, not exceeding five thousand rupees, as may
be prescribed by the Central Government and shall be made not less than
forty-five days before the date of expiry of the period of validity of
the licence: |
|
| 24 |
Procedure for grant or rejection of licence |
|
The Controller may, on receipt of an application under sub-section
(1) of section 21, after considering the documents accompanying the
application and such other factors, as he deems fit, grant the licence
or reject the application:
Provided that
no application shall be rejected under this section unless
the applicant has been given a reasonable opportunity of presenting his
case.
|
| 25 |
Suspension of Licence |
|
| (1) |
The Controller may, if he is satisfied after making such inquiry, as
he may think fit, that a Certifying Authority has -
| (a) |
made a statement in, or in relation to, the application for the issue
or renewal of the licence, which is incorrect or false in material
particulars; |
| (b) |
failed to comply with the terms and conditions subject to which the
licence was granted; |
| (c) |
failed to maintain the standards specified in Section
30 [Substituted for the words "under clause (b) of
sub-section (2) of section 20;" vide amendment dated September 19, 2002] |
| (d) |
contravened any provisions of this Act, rule, regulation or order
made thereunder, revoke the license:
Provided that
no licence shall be revoked unless the Certifying Authority
has been given a reasonable opportunity of showing cause against the proposed
revocation.
|
|
| (2) |
The Controller may, if he has reasonable cause to believe that there
is any ground for revoking a licence under sub-section (1), by order suspend
such licence pending the completion of any enquiry ordered by him:
Provided that
no licence shall be suspended for a period exceeding ten days
unless the Certifying Authority has been given a reasonable opportunity
of showing cause against the proposed suspension.
|
| (3) |
No Certifying Authority whose license has been suspended shall issue
any Digital Signature Certificate during such suspension. |
|
| 26 |
Notice of suspension or revocation of licence. |
|
| (1) |
Where the licence of the Certifying Authority is suspended or revoked,
the Controller shall publish notice of such suspension or revocation, as
the case may be, in the data-base maintained by him. |
| (2) |
Where one or more repositories are specified, the Controller shall
publish notices of such suspension or revocation, as the case may be, in
all such repositories.
Provided that
the data-base containing the notice of such suspension or revocation,
as the case may be, shall be made available through a web site which shall
be accessible round the clock
Provided further
that the Controller may, if he considers necessary, publicise
the contents of the data-base in such electronic or other media, as he
may consider appropriate.
|
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| 27 |
Power to delegate. |
|
The Controller may, in writing, authorise the Deputy Controller, Assistant
Controller or any officer to exercise any of the powers of the Controller
under this Chapter.
|
| 28 |
Power to investigate contraventions. |
|
| (1) |
The Controller or any officer authorised by him in this behalf shall
take up for investigation any contravention of the provisions of this Act,
rules or regulations made thereunder. |
| (2) |
The Controller or any officer authorised by him in this behalf shall
exercise the like powers which are conferred on Income-tax authorities
under Chapter XIII of the Income-tax Act, 1961 and shall exercise
such powers, subject to such limitations laid down under that Act. |
|
| 29 |
Access to computers and data. |
|
| (1) |
Without prejudice to the provisions of sub-section (1) of section 69,
the Controller or any person authorised by him shall, if he has reasonable
cause to suspect that any contravention of the provisions of this Act,
rules or regulations made thereunder has been committed, have access
to any computer system, any apparatus, data or any other material connected
with such system, for the purpose of searching or causing a search to be
made for obtaining any information or data contained in or available to
such computer system. |
| (2) |
For the purposes of sub-section (1), the Controller or any person authorised
by him may, by order, direct any person incharge of, or otherwise concerned
with the operation of the computer system, data apparatus or material,
to provide him with such reasonable technical and other assistant as he
may consider necessary. |
|
| 30 |
Certifying Authority to follow certain procedures. |
|
Every Certifying Authority shall-
| (a) |
make use of hardware, software, and procedures that are secure from
intrusion and misuse: |
| (b) |
provide a reasonable level of reliability in its services which arc
reasonably suited to the performance of intended functions; |
| (c) |
adhere to security procedures to ensure that the secrecy and privacy
of the digital signatures are assured; and |
| (d) |
observe such other standards as may be specified by regulations. |
|
| 31 |
Certifying Authority to ensure compliance of the Act, etc. |
|
Every Certifying Authority shall ensure that every person employed
or otherwise engaged by it complies, in the course of his employment or
engagement, with the provisions of this Act, rules, regulations and orders
made thereunder.
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| 32. |
Display of licence. |
|
Every Certifying Authority shall display its licence at a conspicuous
place of the premises in which it carries on its business.
|
| 33 |
Surrender of licence |
|
| (1) |
Every Certifying Authority whose license is suspended or revoked shall
immediately after such suspension or revocation, surrender the licence
to the Controller. |
| (2) |
Where any Certifying Authority fails to surrender a license under sub-section
(1), the person in whose favour a license is issued, shall be guilty of
an offense and shall be punished with imprisonment which may extend up
to six months or a fine which may extend up to ten thousand rupees or with
both. |
|
| 34 |
Disclosure |
|
| (1) |
Every Certifying Authority shall disclose in the manner specified by
regulations
| (a) |
its Digital Signature Certificate which contains the public key
corresponding to the private key used by that Certifying Authority to
digitally sign another Digital Signature Certificate; |
| (b) |
any certification practice statement relevant thereto; |
| (c) |
notice of revocation or suspension of its Certifying Authority certificate,
if any; and |
| (d) |
any other fact that materially and adversely affects either the reliability
of a Digital Signature Certificate, which that Authority has issued, or
the Authority's ability to perform its services |
|
| (2) |
Where in the opinion of the Certifying Authority any event has occurred
or any situation has arisen which may materially and adversely affect the
integrity of its computer system or the conditions subject to which a Digital
Signature Certificate was granted, then, the Certifying Authority shall-
| (a) |
use reasonable efforts to notify any person who is likely to be affected
by that occurrence; or |
| (b) |
act in accordance with the procedure specified in its certification
practice statement to deal with such event or situation. |
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