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Duties and Functions of Certifying Authority

The document outlines the regulations for Certifying Authorities, detailing the appointment and functions of the Controller, including supervision, certification of public keys, and setting standards. It also covers the process for issuing and renewing electronic signature certificates, as well as the penalties for non-compliance and the role of adjudicating officers in handling disputes and damages. Additionally, it specifies the recognition of foreign certifying authorities and the penalties for negligence in handling sensitive personal data.

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RAJ AIR
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82 views4 pages

Duties and Functions of Certifying Authority

The document outlines the regulations for Certifying Authorities, detailing the appointment and functions of the Controller, including supervision, certification of public keys, and setting standards. It also covers the process for issuing and renewing electronic signature certificates, as well as the penalties for non-compliance and the role of adjudicating officers in handling disputes and damages. Additionally, it specifies the recognition of foreign certifying authorities and the penalties for negligence in handling sensitive personal data.

Uploaded by

RAJ AIR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CERTIFYING AUTHORITY

Chapter VI Section 17 to 34 regulation of Certifying Authorities.

Sec. 17- Appointment of Controller and other officers -

The Central Government may by notification in the official Gazette appoint a


controller of Certifying authority for the purpose of this act. The Controller shall
discharge his functions under the direction of Central Government. The Deputy
Controller and Assistant Controller are under the superintendence of controller.

Sec. 18. Functions of Controller

The controller may perform the following functions.

1) Exercising Supervision over the activities of Certifying Authorities

2) Certifying Public Keys for the Certifying Authorities

3) Lay down the standards to be maintained by the Certifying authorities

4) Specifying the qualifications and experiences which the employees Certifying


authorities should possess

5) Specifying the conditions for the conduct of business of the certifyin authorities

6) Specifying the contents of the documents that may be distributed in respec of


an electronic signature certificate.

7) Specifying the form of contents of electronic signature certificate

8) Specifying the form and manner in which the accounts shall be maintained by
the certifying authorities

9) Lay down the duties of certifying authorities

10) Decide any dispute between the certifying authorities and subscriber
Sec. 19- Recognition of foreign certifying authorities

The Controller with the previous approval of the Central Government and
notification in the official gazette recognise any foreign certifying authority as a
certifying authority for the purpose of this act.

Sec. 21-Issue of licence for granting electronic signature certificate

Any person may make an application to the controller for issue of electronic
signature certificate and such a certificate shall not transferable and heritable.

Sec22-Application for licence

Every application shall be in prescribed form and accompanied by a


certification practice statement and payment of fee not exceeding Rs 25000.

Sec23-Renewal of licence

The licence issued by the controller shall be renewed on the expiry of time
fixed by the Government and an amount not exceeding Rs 5000 may be levied
from the applicant for renewal.

Sec24-Procedure for grant or rejection of licence

The controller may after considering the documents and application satisfied
that the requirements are complied with, he may grant the licence or reject the
application No rejection is made without giving any opportunity of being heard.

Sec25-suspension of licence.

The Controller may suspend the licence granted to a certifying authority


under the following circumstances.

1) If the certifying authority made incorrect and false statement in the


application.

2) The certifying authority failed to comply with the terms and conditions for
granting licence.
3) The certifying authority failed to maintain the procedure and standard as may
be prescribed.

4) The certifying authority contravened any provisionsof this act, Rules or


regulations.

Penalties, Compensation And Adjudication

Chapter IX Sections 43 47 provides penalties in certain cases and made provision


for compensation entrusted. The adjudicating officer conduct enquiry for the
same.

Sec 43 made provision for penalty and compensation for damage to computer,
computer system etc.A person causing damage shall be liable to pay damages by
way of compensation to the person affected.

Under Sec.43A any person or body handling any sensitive personal data and
information commits negligence in implementing and and mainaining security
practices and thereby cause wrongful gain or loss to any person shall be liable to
pay damages by way of compensation to the person so affected.

Under Sec.44 any person who is required under this Act or any Rules made
thereto furnish any documents, return or report to the controller or certifying
authority fails to furnish the same, he shall be liable to a penality not exceeding Rs
1,50000 for each such failure.

The Central Government shall appoint any officer as adjudicating officer for
holding inquiry under this Act. The adjudicating officer having jurisdiction to
decide the matters in which the claim for injury or damage does not exceed Rs 5
Crores. If the damage exceeding 5 crores the competent civil court has
jurisdiction.

The adjudicating officer after giving opportunity of being heard is satisfied that
the respondent committed the alleged offence, he may impose such penality or
award such compensation. For conducting inquiry, the adjudicating officer shall
have the powers of Civil Court. The proceedings before the adjudicating officer
shall be deemed to be judicial proceeding under Section 193 of IPC.

Common questions

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The Controller must oversee the dispute resolution process between certifying authorities and subscribers, ensuring adherence to the regulations' standards and principles, though specific procedural details are not explicitly outlined in the summary .

The Controller has several responsibilities, including supervising the activities of Certifying Authorities, certifying their public keys, establishing standards for these authorities, specifying qualifications for employees, setting conditions for business conduct, regulating document contents for electronic signatures, dictating forms and maintenance of accounts, defining the duties of authorities, and resolving disputes between authorities and subscribers .

The adjudicating officer can conduct inquiries, impose penalties, or award compensation after ensuring that respondents are heard. They have the powers of a Civil Court, and proceedings are considered judicial under Section 193 of IPC .

Failure to furnish required documents to the Controller or certifying authority results in a penalty not exceeding Rs 1,50,000 for each failure .

Liability arises if there is negligence in implementing security practices that result in wrongful gain or loss. Damages for compensation must be paid by the responsible body or person to the affected individual .

The adjudicating officer loses jurisdiction if a claim for damages exceeds Rs 5 crore. In such cases, the competent civil court gains jurisdiction .

A license may be suspended if the certifying authority submits false statements, violates license terms, fails to meet prescribed standards, or contravenes any provisions of the act, rules, or regulations .

A foreign certifying authority can be recognized if the Controller, with previous approval from the Central Government and notification in the official gazette, deems it a certifying authority for the purposes of this act .

A fair hearing is ensured by allowing the respondent an opportunity to be heard before penalties or compensations are imposed. The proceedings are conducted with the power akin to a Civil Court, providing a structured legal framework .

Applicants must submit a prescribed form along with a certification practice statement and a fee not exceeding Rs 25,000 to apply for a license. The Controller, upon satisfying that requirements are met, may issue or reject a license, which is renewable upon expiry with a fee up to Rs 5,000 .

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