| 36.
Representations upon issuance of
Digital Signature Certificate.
A
Certifying Authority while issuing a Digital Signature
Certificate shall certify that--
(a)
It has complied with the provisions of this Act and the
rules and regulations made there under,
(b)
It has published the Digital Signature Certificate or
otherwise made it available to such person relying on it and
the subscriber has accepted it.
(c)
The subscriber holds the private key corresponding to the
public key, listed in the Digital Signature Certificate.
(d)
The subscriber's public key and private key constitute a
functioning key pair.
(e)
The information contained in the Digital Signature
Certificate is accurate.
(f)
It has no knowledge of any material fact, which if it had
been included in the Digital Signature Certificate would
adversely affect the reliability of the representations made
in clauses (a) to (d).
37. Suspension
of Digital Signature Certificate.
(1) Subject
to the provisions of sub-section (2), the Certifying
Authority which has issued a Digital Signature Certificate
may suspend such Digital Signature Certificate-
(a)
on receipt of a request to that effect from
(i)
the subscriber listed in the Digital Signature Certificate
or
(ii)
any person duly authorised to act on behalf of that
subscriber.
(b)
if it is of opinion that the Digital Signature Certificate
should be suspended in public interest
(2)A
Digital Signature Certificate shall not be suspended for a
period exceeding fifteen days unless the subscriber has been
given an opportunity of being heard in the matter.
(3)On
suspension of a Digital Signature Certificate under this
section, the Certifying Authority shall communicate the same
to the subscriber.
38. Revocation
of Digital Signature Certificate.
(1) A
Certifying Authority may revoke a Digital Signature
Certificate issued by it
(a)
where the subscriber or any other person authorised by him
makes a request to that effect or
(b)
upon the death of the subscriber, or
(c)
upon the dissolution of the firm or winding up of the
company where the subscriber is a firm or a company.
(2) Subject
to the provisions of sub-section (3) and without prejudice
to the provisions of sub-section (1), a
Certifying Authority may revoke a Digital Signature
Certificate which has been issued by it at any time, if it
is
of opinion that
(a)
a material fact represented in the Digital Signature
Certificate is false or has been concealed.
(b)
a requirement for issuance of the Digital Signature
Certificate was not satisfied.
(c)
the Certifying Authority's private key or security system
was compromised in a manner materially affecting the Digital
Signature Certificate's reliability.
(d)
the subscriber has been declared insolvent or dead or where
a subscriber is a firm or a company, which has been
dissolved, wound-up or otherwise ceased to exist.
(3) A Digital
Signature Certificate shall not be revoked unless the
subscriber has been given an opportunity of being heard in
the matter.
(4) On
revocation of a Digital Signature Certificate under this
section, the Certifying Authority shall communicate the same
to the subscriber.
39. Notice
of suspension or revocation.
(1) Where
a Digital Signature Certificate is suspended or revoked
under section 37 or section 38, the Certifying Authority
shall publish a notice of such suspension or revocation, as
the case may be, in the repository specified in the Digital
Signature Certificate for publication of such notice.
(2)
Where one or more repositories are specified, the
Certifying Authority shall publish notices of such
suspension or revocation, as the case may he. in all such
repositories.
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