Information Technology Act Section 35 — Certifying authority to issue 1[electronic signature] Certificate
CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES
Cyber Law
Summary
Sub-section (1) allows any person to apply to the Certifying Authority for an electronic signature Certificate. The application must be made in the form prescribed by the Central Government.
Sub-section (2) states that every application must be accompanied by a fee, which cannot exceed twenty-five thousand rupees, as prescribed by the Central Government. The proviso to this sub-section clarifies that the Central Government may prescribe different fee amounts for different classes of applicants.
Sub-section (3) requires that every application be accompanied by a certification practice statement. If no such statement exists, the application must include a statement containing the particulars specified by regulations.
Sub-section (4) says that upon receiving an application, the Certifying Authority may grant the electronic signature Certificate after considering the certification practice statement or the other statement, and after making any enquiries it deems fit. Alternatively, the Authority may reject the application, but it must record the reasons for rejection in writing. The proviso to this sub-section states that no application can be rejected unless the applicant has been given a reasonable opportunity to show cause against the proposed rejection.
Official Text
(1) Any person may make an application to the Certifying Authority for the issue of a 1[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 1[electronic signature] Certificate or for reasons to be recorded in writing, reject the application: 3* * * * * 4[Provided] that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.