IT Act 2000 34 — Disclosure

Information Technology Act, 2000

Statutory text

(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 the 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. CHAPTERVII [ELECTRONIC SIGNATURE] CERTIFICATES 35. Certifying authority to issue [electronic signature] Certificate.—

(1) Any person may make an application to the Certifying Authority for the issue of a [electronic signature] Certificate in such form as may be prescribed by the Central Government.

(2) Every such application shall be accompanied by such fee not exceeding twenty-five thousand rupees as may be prescribed by the Central Government, to be paid to the Certifying Authority:

Provided that while prescribing fees under sub-section (2) different fees may be prescribed for different classes of applicants.

(3) Every such application shall be accompanied by a certification practice statement or where there is no such statement, a statement containing such particulars, as may be specified by regulations.

(4) On receipt of an application under sub-section (1), the Certifying Authority may, after consideration of the certification practice statement or the other statement under sub-section (3) and after making such enquiries as it may deem fit, grant the [electronic signature] Certificate or for reasons to be recorded in writing, reject the application: [Provided] that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.

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