Wednesday, 23 April 2014

13.7.1 (RECULATION OF CERTIFYING AUTHORITIES)

section 17 to 34 deal with the regulation of certifying authorities.

 
Appointment of Controller and other officers (s. 17). The Central may, by notification in the official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act. Also ii may appoint such number of Deputy Controllers and Assistant Controllers it deems fit. The controller shall discharge his functions under this Act subject to the general control and directions of the Central Government. The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by the Controller under the general superintendence and control of the Controller.

The qualifications, experience and terms and conditions, of service of Controller,
Deputy Controllers and Assistant Controllers shall be such as may be prescribed by the Central Government.

The Head Office and Branch office of the office of the Controller shall be  at such places as the Central Government may specify, and these may be established at such places as the Central Government may think fit.

There shall be a seal of the office of the Controller.

13.6.3 (Security Procedure)

The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when ocedure was used, including - (a) the nature of the transaction; (b) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transaction engaged in by other parties; (d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and (f) the procedures in general use for similar types of transactions or communications.

13.6.2 (Secure digital signature)

If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was – (a) unique to the subscriber affixing it; (b) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital  signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature.

13.6.1 (SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES)

Section 74 to 76 deal with these matters.

Secure electronic record (s. 14). Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.