Section 17 IT Act: Appointment of Controller and other officers
Information Technology Act, 2000
Section 17 IT Act at a Glance
Section 17 IT Act empowers the Central Government to appoint a Controller of Certifying Authorities, Deputy Controllers, Assistant Controllers, and other staff by Official Gazette notification. Section 17 IT Act also covers their supervision, service rules, offices, and official seal.
Section 17 IT Act Bare Act Text
17. Appointment of Controller and other officers.
(1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act and may also by the same or subsequent notification appoint such number of Deputy Controllers , Assistant Controllers, other officers and employees as it deems fit.
(2) The Controller shall discharge his functions under this Act subject to the general control and directions of the Central Government.
(3) 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.
(4) The qualifications, experience and terms and conditions of service of Controller, Deputy Controllers , Assistant Controllers, other officers and employees shall be such as may be prescribed by the Central Government.
(5) 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.
(6) There shall be a seal of the Office of the Controller.
Amendments to this section
- Subs. by s.12, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009).
- Subs. by Act 10 of 2009, s. 12, for "Assistant Controllers" (w.e.f. 27-10-2009).
Section 17 IT Act in Simple Words
Section 17 IT Act sets up the office of the Controller of Certifying Authorities and provides for the appointment of its officers and staff. Under Section 17(1) IT Act, the Central Government may appoint a Controller of Certifying Authorities for the purposes of the IT Act by publishing a notification in the Official Gazette (the government's official publication). Through the same notification or a later one, the Central Government may also appoint as many Deputy Controllers, Assistant Controllers, other officers, and employees as the Central Government considers fit.
Section 17(2) IT Act places the Controller under the general control and directions of the Central Government while carrying out functions under the IT Act. Under Section 17(3) IT Act, Deputy Controllers and Assistant Controllers carry out the duties that the Controller assigns to them, working under the Controller's general superintendence (oversight) and control. For the specific regulatory functions of the Controller, see Section 18 IT Act.
Under Section 17(4) IT Act, the Central Government prescribes the qualifications, experience, and service terms and conditions for the Controller, Deputy Controllers, Assistant Controllers, other officers, and employees. Section 17(5) IT Act empowers the Central Government to specify and establish the places for the Head Office and any Branch Office of the Controller's office as the Central Government thinks fit, and Section 17(6) IT Act requires the Office of the Controller to have an official seal. Section 17 IT Act was amended by section 12 of Act 10 of 2009 with effect from 27 October 2009.
When Section 17 IT Act Applies
- Appointment by the Central Government of a Controller of Certifying Authorities by notification in the Official Gazette
- Optional appointment of Deputy Controllers, Assistant Controllers, other officers, and employees by the same or a subsequent Official Gazette notification
- Exercise of the Controller's functions subject to the general control and directions of the Central Government
- Performance of assigned functions by Deputy Controllers and Assistant Controllers under the Controller's general superintendence and control
- Prescription by the Central Government of qualifications, experience, and service conditions, and specification of Head Office and Branch Office locations
- Maintenance of an official seal of the Office of the Controller
Example of Section 17 IT Act
FAQs on Section 17 IT Act
What is Section 17 IT Act?▼
Section 17 IT Act empowers the Central Government to appoint the Controller of Certifying Authorities, along with Deputy Controllers, Assistant Controllers, other officers, and employees, by notification in the Official Gazette. Section 17 IT Act also sets their chain of supervision, empowers the Central Government to prescribe their service conditions and office locations, and requires an official seal.
Who appoints the Controller of Certifying Authorities under Section 17 IT Act?▼
The Central Government appoints the Controller of Certifying Authorities by publishing a notification in the Official Gazette. Under Section 17(1) IT Act, the Central Government may also appoint Deputy Controllers, Assistant Controllers, other officers, and employees in the same notification or a later one.
Does the Controller act independently of the Central Government under Section 17 IT Act?▼
No. Under Section 17(2) IT Act, the Controller discharges functions under the IT Act subject to the general control and directions of the Central Government.
Who supervises Deputy Controllers and Assistant Controllers under Section 17 IT Act?▼
The Controller supervises Deputy Controllers and Assistant Controllers. Under Section 17(3) IT Act, Deputy Controllers and Assistant Controllers perform the functions that the Controller assigns to them under the Controller's general superintendence and control.
Who decides the qualifications and office locations of the Controller under Section 17 IT Act?▼
The Central Government decides both matters. Under Sections 17(4) and 17(5) IT Act, the Central Government prescribes the qualifications, experience, and service terms of the Controller and staff, and specifies where the Head Office and Branch Office are established.
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Sources: Bare Act Text, Information Technology Act, 2000 ·