CYBER LAW : CHAPTER 6 -REGULATION OF CERTIFYING AUTHORITIES AND LICENSING PROCEDURE (SECTION :-19&20&21&22&23&24&25&26)

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Topic   :  Lecture on Cyber Law

Audience:  B.Sc.(IT) 6th Semester, Marwari College Ranchi.

Topic content : Information Technology Act, 2000

Chapter 6: Regulation Of Certifying Authorities

Section 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 Electronic 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

Section 20: Omitted vide Information Technology Act, 2006

Omitted vide Information Technology Act, 2006

Section 21: License to issue electronic 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 Electronic 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 Electronic 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.

Section 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

Section 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:

Section 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.

Section 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

(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 Electronic Signature Certificate during such suspension.

Section 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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