CHAPTER VII : DIGITALELECTRONIC10F SIGNATURE CERTIFICATES

35. Certifying Authority to issue DigitalElectronic10F Signature Certificate

(1) Any person may make an application to the Certifying Authority for the issue of aan DigitalElectronic
10F 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 10Gas 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 applications;

10H(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,
10H 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 DigitalElectronic 10ISignature Certificate or for reasons to be recorded in writing, reject the application in such a manner as prescribed by the Central Government: 
 

Provided that no Digital Certificate shall be granted unless the Certifying Authority is satisfied that-

(a) the application holds the private key corresponding to the public key to be listed in the
Digital Signature Certificate;

(b) the applicant holds a private key, which is capable of creating a
digital signature;

(c) the public key to be listed in the certificate can be used to verify a
digital signature affixed by the private key held by the applicant :

Provided further that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.

36. Representation upon issuance of an DigitalElectronic
10I Signature Certificate

A Certifying Authority while issuing an DigitalElectronic
10I Signature Certificate shall certify that-

(a) it has complied with the provisions of this Act and the rules and regulations made thereunder;

(b) it has published the DigitalElectronic
10I Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it;

(c) the subscriber holds the private key corresponding to the public key, listed in the case of Digital Signature Certificate;
10I

(d) the subscriber's public key and private key constitute a functioning key pair  in the case of Digital Signature Certificate;
10I

(e) the information contained in the DigitalElectronic
11A Signature Certificate is accurate; and

(f) it has no knowledge of any material fact, which if it had been included in the DigitalElectronic
11A Signature Certificate would adversely affect the reliability of the representations made in clauses (a) to (d).

37. Suspension of DigitalElectronic
11A Signature Certificate

(1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a DigitalElectronic
11A Signature Certificate may suspend such DigitalElectronic11A Signature Certificate,-

(a) on receipt of a request to that effect from-

(i) the subscriber listed in the DigitalElectronic
11A Signature Certificate; or

(ii) any person duly authorised to act on behalf of that subscriber;

(b) if it is of opinion that the DigitalElectronic
11A Signature Certificate should be suspended in public interest on receipt of direction from the Controller.

(2) A
Digital Electronic Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter. 

(3) On suspension of aan DigitalElectronic11A Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.

38. Revocation of DigitalElectronic
11A Signature Certificate

(1) A Certifying Authority may revoke an DigitalElectronic
11A Signature Certificate issued by it-

(a) where the subscriber or any other person authorised by him makes a request to that effect; or

(b) upon the death of the subscriber; or

(c) upon the dissolution of the firm or winding up of the company where the subscriber is a firm or a company.

(2) Subject to the provisions of sub-section (3) and without prejudice to the provisions of sub-section (1), a Certifying Authority may revoke a DigitalElectronic
12A Signature Certificate which has been issued by it at any time, if it is of opinion that-

(a) a material fact represented in the
Application for  DigitalElectronic12A Signature Certificate is false or has been concealed;

(b) a requirement for issuance of the DigitalElectronic
12A Signature Certificate was not satisfied;

(c) the Certifying Authority's private key or security system was compromised in a manner materially affecting the Digital Signature Certificate's reliability;

(d) the subscriber has been declared insolvent or dead or where a subscriber is a firm or a company, which has been dissolved, wound-up or otherwise ceased to exist.

(3)
 A Digital Electronic Signature Certificate shall not be revoked unless the subscriber has been given an opportunity of being heard in the matter.

(4) On revocation of aan DigitalElectronic12A Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.

39. Notice of suspension or revocation
(1) Where a DigitalElectronic
12A Signature Certificate is suspended or revoked under section 37 or section 38, the Certifying Authority shall publish a notice of such suspension or revocation, as the case may be, in the repository specified in the DigitalElectronic12A Signature Certificate for publication of such notice.

(2) Where one or more repositories are specified, the Certifying Authority shall publish notice of such suspension or revocation, as the case may be, in all such repositories.

10F In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral

 10G Fee amount is omitted as it may change from time to time.

10H Requirement of CPS from subscriber deleted. As per Executive Order no. 2(8)/2000-Oers.I dated 12th September, 2002 from the Department of Information Technology, Government of India for the purpose of subsection (3) and (4) of Section 35 of the IT Act, 2000 every application for the issue of a Digital Signature Certificate shall not be required to be accompanied by Certificate Practice Statement (CPS) as required under existing sub-sections. The subsections are suitably amended.

10I In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral

 11A In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral

 12A In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral