Functions

Functions (section 18). The Controller may:

1. exercise supervision over the activities of the Certifying Authorities;
2. certify the public keys of the Certifying Authorities;
3. lay down the standards to be maintained by the Certifying Authorities, and specify the qualifications and experience of their employees and the conditions on which they conduct business;
4. specify the contents of advertising material and the form and content of an electronic signature Certificate and key;
5. specify the form and manner in which they maintain accounts, and the terms on which auditors may be appointed and paid;
6. facilitate and regulate electronic systems set up by Certifying Authorities;
7. specify how Certifying Authorities deal with subscribers, and resolve conflicts of interest between them;
8. lay down the duties of the Certifying Authorities; and
9. maintain a data base containing the disclosure record of every Certifying Authority.

Powers:

1. Grant or rejection of a licence (section 24): on an application under section 21(1) for a licence to issue electronic signature Certificates, the Controller considers the documents filed with it and any other factors he thinks fit, and either grants the licence or rejects the application; but no application may be rejected unless the applicant has had a reasonable opportunity of presenting his case.
2. Revocation and suspension of a licence (section 25): after such inquiry as he thinks fit, he may revoke a Certifying Authority's licence if he is satisfied that it made a materially incorrect or false statement in or about its application for issue or renewal, failed to comply with the licence's terms and conditions, failed to maintain the procedures and standards specified in section 30, or contravened the Act or any rule, regulation or order under it; no licence is revoked without a reasonable opportunity to show cause (section 25(1)). Where he has reasonable cause to believe that a ground for revocation exists, he may by order suspend the licence pending the inquiry, but not for more than ten days without an opportunity to show cause; a Certifying Authority may issue no electronic signature Certificate while its licence is suspended (section 25(2), (3)).
3. Notice of suspension or revocation of licence (section 26): where a Certifying Authority's licence is suspended or revoked, the Controller publishes notice of it in his data base, available round the clock on a web site.
4. Power to delegate (section 27): he may in writing authorise a Deputy Controller, Assistant Controller or any officer to exercise any of his powers under the Chapter.
5. Power to investigate contraventions (section 28): he, or an officer authorised by him, shall investigate any contravention of the Act, rules or regulations, with the powers “conferred on Income-tax authorities under Chapter XIII of the Income-tax Act, 1961”.
6. Access to computers and data (section 29): where he has reasonable cause to suspect a contravention of the Chapter, he or a person authorised by him shall have access to any computer system, apparatus or data connected with it for searching for information.

Conclusion. The Controller, appointed by the Central Government, regulates the Certifying Authorities through his supervisory functions, licenses them through his powers to grant, reject, revoke and suspend licences, and enforces the Act through his powers of delegation, investigation and access to computers.