CYBER LAW : CHAPTER 6 -REGULATION OF CERTIFYING AUTHORITIES AND LICENSING PROCEDURE (SECTION :-26&27&28&29&30&31&32&33&34)

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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 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.

Section 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.

Section 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 there under.

(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.

Section 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 chapter 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.

Section 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 Electronic Signature are assured;
(ca) be the repositiry of all Electronic Signature Certificates issued under this Act;
(cb) publish information regarding its practices, Electronic Signature Certificates and current status of such certifcates; and
(d) observe such other standards as may be specified by regulations.

Section 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.

Section 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.

Section 33: Surrender of licence

(1) Every Cerifying 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

Section 34: Disclosure

(1) Every Certifying Authority shall disclose in the manner specified by regulations

(a) its Electronic 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 Electronic 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 Electronic 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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