Information Technology Act Section 25 — Suspension of licence
CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES
Cyber Law
Summary
Sub-section (1) sets out the grounds on which the Controller may revoke a Certifying Authority's licence. The Controller can do this after holding an inquiry he considers appropriate, if he is satisfied that the Certifying Authority has done any of the following: made a statement in or related to its licence application or renewal that is incorrect or false in material details; failed to comply with the terms and conditions of the licence; failed to maintain the procedures and standards specified in section 30; or contravened any provision of this Act, or any rule, regulation, or order made under it. However, the licence cannot be revoked unless the Certifying Authority has been given a reasonable opportunity to show cause against the proposed revocation.
Under clause (a) of sub-section (1), the ground for revocation is making a statement in or in relation to the application for the issue or renewal of the licence that is incorrect or false in material particulars.
Under clause (b) of sub-section (1), the ground for revocation is failing to comply with the terms and conditions subject to which the licence was granted.
Under clause (c) of sub-section (1), the ground for revocation is failing to maintain the procedures and standards specified in section 30.
Under clause (d) of sub-section (1), the ground for revocation is contravening any provision of this Act, or any rule, regulation, or order made under it.
Sub-section (2) allows the Controller to suspend a licence if he has reasonable cause to believe that there is any ground for revoking it under sub-section (1). This suspension is done by order and remains in effect while any inquiry ordered by the Controller is pending. However, the licence cannot be suspended for more than ten days unless the Certifying Authority has been given a reasonable opportunity to show cause against the proposed suspension.
Sub-section (3) states that a Certifying Authority whose licence has been suspended cannot issue any electronic signature Certificate during the period of suspension.
Official Text
(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; 2[
(c) failed to maintain the procedures and standards specified in section 30;]
(d) contravened any provisions of this Act, rule, regulation or order made thereunder, revoke the licence:
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 licence has been suspended shall issue any 1[electronic signature] Certificate during such suspension.