Lawgist25Suspension of licence
(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;
1 [(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 2 [electronic signature] Certificate during such suspension
Download our fully-offline, High speed android app.- Click here
1Subs. by notification No. S.O. 1015(E) (w.e.f. 19-9-2002)
2 Subs. by Act 10 of 2009, s. 2, for "Digital Signature" (w.e.f. 27-10-2009)
- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Authentication of electronic records
- 3A Electronic signature
- 4 Legal recognition of electronic records
- 5 Legal recognition of electronic signatures
- 6 Use of electronic records and electronic signatures in Government and its agencies
- 6A Delivery of services by service provider
- 7 Retention of electronic records
- 7A Audit of documents, etc., maintained in electronic form
- 8 Publication of rule, regulation, etc., in Electronic Gazette
- 9 Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
- 10 Power to make rules by Central Government in respect of electronic signature
- 10A Validity of contracts formed through electronic means
- 11 Attribution of electronic records
- 12 Acknowledgment of receipt
- 13 Time and place of despatch and receipt of electronic record
- 14 Secure electronic record
- 15 Secure electronic signature
- 16 Security procedures and practices
- 17 Appointment of Controller and other officers
- 18 Functions of Controller
- 19 Recognition of foreign Certifying Authorities
- 20 [Omitted.]
- 21 Licence to issue electronic signature Certificates
- 22 Application for licence
- 23 Renewal of licence
- 24 Procedure for grant or rejection of licence
- 25 Suspension of licence
- 26 Notice of suspension or revocation of licence
- 27 Power to delegate
- 28 Power to investigate contraventions
- 29 Access to computers and data
- 30 Certifying Authority to follow certain procedures
- 31 Certifying Authority to ensure compliance of the Act, etc
- 32 Display of licence
- 33 Surrender of licence
- 34 Disclosure
- 35 Certifying authority to issue electronic signature Certificate
- 36 Representations upon issuance of Digital signature Certificate
- 37 Suspension of Digital Signature Certificate
- 38 Revocation of Digital Signature Certificate
- 39 Notice of suspension or revocation
- 40 Generating key pair
- 40A Duties of subscriber of Electronic Signature Certificate
- 41 Acceptance of Digital Signature Certificate
- 42 Control of private key
- 43 Penalty and compensation for damage to computer, computer system, etc
- 43A Compensation for failure to protect data
- 44 Penalty for failure to furnish information, return, etc
- 45 Residuary penalty
- 46 Power to adjudicate
- 47 Factors to be taken into account by the adjudicating officer
- 48 Appellate Tribunal
- 49 [Omitted.]
- 50 [Omitted.]
- 51 [Omitted.]
- 52 [Omitted.]
- 52A [Omitted.]
- 52B [Omitted.]
- 52C [Omitted.]
- 52D Decision by majority
- 53 [Omitted.]
- 54 [Omitted.]
- 55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
- 56 [Omitted.]
- 57 Appeal to Appellate Tribunal
- 58 Procedure and powers of the Appellate Tribunal
- 59 Right to legal representation
- 60 Limitation
- 61 Civil court not to have jurisdiction
- 62 Appeal to High Court
- 63 Compounding of contraventions
- 64 Recovery of penalty or compensation
- 65 Tampering with computer source documents
- 66 Computer related offences
- 66A Punishment for sending offensive messages through communication service, etc
- 66B Punishment for dishonestly receiving stolen computer resource or communication device
- 66C Punishment for identity theft
- 66D Punishment for cheating by personation by using computer resource
- 66E Punishment for violation of privacy
- 66F Punishment for cyber terrorism
- 67 Punishment for publishing or transmitting obscene material in electronic form
- 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
- 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
- 67C Preservation and retention of information by intermediaries
- 68 Power of Controller to give directions
- 69 Power to issue directions for interception or monitoring or decryption of any information through any computer resource
- 69A Power to issue directions for blocking for public access of any information through any computer resource
- 69B Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
- 70 Protected system
- 70A National nodal agency
- 70B Indian Computer Emergency Response Team to serve as national agency for incident response
- 71 Penalty for misrepresentation
- 72 Penalty for Breach of confidentiality and privacy
- 72A Punishment for disclosure of information in breach of lawful contract
- 73 Penalty for publishing electronic signature Certificate false in certain particulars
- 74 Publication for fraudulent purpose
- 75 Act to apply for offence or contravention committed outside India
- 76 Confiscation
- 77 Compensation, penalties or confiscation not to interfere with other punishment
- 77A Compounding of offences
- 77B Offences with three years imprisonment to be bailable
- 78 Power to investigate offences
- 79 Exemption from liability of intermediary in certain cases
- 79A Central Government to notify Examiner of Electronic Evidence
- 80 Power of police officer and other officers to enter, search, etc
- 81 Act to have overriding effect
- 81A Application of the Act to electronic cheque and truncated cheque
- 82 Controller, Deputy Controller and Assistant Controller to be public servants
- 83 Power to give directions
- 84 Protection of action taken in good faith
- 84A Modes or methods for encryption
- 84B Punishment for abetment of offences
- 84C Punishment for attempt to commit offences
- 85 Offences by companies
- 86 Removal of difficulties
- 87 Power of Central Government to make rules
- 88 Constitution of Advisory Committee
- 89 Power of Controller to make regulations
- 90 Power of State Government to make rules
- 91 [Omitted.]
- 92 [Omitted.]
- 93 [Omitted.]
- 94 [Omitted.]
