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IT Act Section 35
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The Information Technology Act, 2000

Section 35 Certifying authority to issue electronic signature Certificate

Chapter
VII · Electronic Signature Certificates
Amendments
3
35. Certifying authorityDefined in section 2(g): Certifying Authority means a person who has been granted a licence to issue a 1[electronic signature] Certificate under section 24 to issue digital signatureSubstituted by Information Technology (Amendment) Act, 2008, s. 2, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "digital signature"electronic signature Certificate.—
(1) Any person may make an application to the Certifying AuthorityDefined in section 2(g): Certifying Authority means a person who has been granted a licence to issue a 1[electronic signature] Certificate under section 24 for the issue of a digital signatureSubstituted by Information Technology (Amendment) Act, 2008, s. 2, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "digital signature"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 AuthorityDefined in section 2(g): Certifying Authority means a person who has been granted a licence to issue a 1[electronic signature] Certificate under section 24:
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 statementDefined in section 2(h): certification practice statement means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing 1[electronic signature] Certificates; 3[(ha) communication device means cell phones, personal digital assistance or combination of both or any other device use... 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 AuthorityDefined in section 2(g): Certifying Authority means a person who has been granted a licence to issue a 1[electronic signature] Certificate under section 24 may, after consideration of the certification practice statementDefined in section 2(h): certification practice statement means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing 1[electronic signature] Certificates; 3[(ha) communication device means cell phones, personal digital assistance or combination of both or any other device use... or the other statement under sub-section (3) and after making such enquiries as it may deem fit, grant the digital signatureSubstituted by Information Technology (Amendment) Act, 2008, s. 2, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "digital signature"electronic signature Certificate or for reasons to be recorded in writing, reject the application:
Provided that no Digital Signature Certificate shall be granted unless the Certifying Authority is satisfied that— (a) the applicant 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:Text omitted by amendmentThe first proviso omitted by Information Technology (Amendment) Act, 2008, s. 17, dated 5th February, 2009, with effect from 27 October 2009
Provided furtherSubstituted by Information Technology (Amendment) Act, 2008, s. 17, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Provided further"Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.

Amendments to this section

  1. 1 Substituted by Information Technology (Amendment) Act, 2008, s. 2, for "digital signature" (w.e.f. 27 October 2009).
  2. 2 The first proviso omitted by Information Technology (Amendment) Act, 2008, s. 17 (w.e.f. 27 October 2009).
  3. 3 Substituted by Information Technology (Amendment) Act, 2008, s. 17, for "Provided further" (w.e.f. 27 October 2009).

All amendments to the IT Act