Section 18 IT Act: Functions of Controller
Information Technology Act, 2000
Section 18 IT Act at a Glance
Section 18 IT Act lists fourteen functions that the Controller of Certifying Authorities may perform. These include supervising Certifying Authorities, certifying their public keys, setting operational and certificate rules, resolving subscriber conflicts, and keeping a public database of disclosure records.
Section 18 IT Act Bare Act Text
18. Functions of Controller.
The Controller may perform all or any of the following functions, namely:—
(a) exercising supervision over the activities of the Certifying Authorities;
(b) certifying public keys of the Certifying Authorities;
(c) laying down the standards to be maintained by the Certifying Authorities;
(d) specifying the qualifications and experience which employees of the Certifying Authority should possess;
(e) specifying the conditions subject to which the Certifying Authorities shall conduct their business;
(f) specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a electronic signature Certificate and the public key;
(g) specifying the form and content of a electronic signature Certificate and the key;
(h) specifying the form and manner in which accounts shall be maintained by the Certifying Authorities;
(i) specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them;
(j) facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and regulation of such systems;
(k) specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers;
(l) resolving any conflict of interests between the Certifying Authorities and the subscribers;
(m) laying down the duties of the Certifying Authorities;
(n) maintaining a data base containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.
Amendments to this section
- Subs. by s. 2, ibid., for "digital signature" (w.e.f. 27-10-2009).
Section 18 IT Act in Simple Words
Section 18 IT Act sets out the regulatory and supervisory functions of the Controller of Certifying Authorities appointed under Section 17 IT Act. The opening words use 'may perform all or any', so the Controller is empowered to carry out any or all of the fourteen listed functions in clauses (a) to (n). Under clauses (a) to (d) of Section 18 IT Act, the Controller may supervise the activities of Certifying Authorities, certify their public keys, lay down the standards they must maintain, and specify the qualifications and experience that employees of a Certifying Authority should possess.
Clauses (e) to (i) of Section 18 IT Act cover business operations, certificate materials, accounts, and audits. Under clause (e), the Controller may specify the conditions under which Certifying Authorities conduct their business. Under clauses (f) and (g), the Controller may specify the contents of written, printed, or visual materials and advertisements distributed or used regarding an electronic signature Certificate and the public key, as well as the form and content of an electronic signature Certificate and the key. Under clauses (h) and (i), the Controller may specify the form and manner in which Certifying Authorities must keep accounts, and the terms, conditions, and remuneration for appointing auditors.
Clauses (j) to (n) of Section 18 IT Act address electronic systems, subscriber relations, duties, and public records. Under clause (j), the Controller may help a Certifying Authority establish an electronic system, either alone or jointly with other Certifying Authorities, and regulate those systems. Under clauses (k), (l), and (m), the Controller may specify how Certifying Authorities must deal with subscribers, resolve any conflict of interests between Certifying Authorities and subscribers, and lay down the duties of Certifying Authorities. Finally, under Section 18(n) IT Act, the Controller may maintain a public database holding the disclosure record of every Certifying Authority with the particulars specified by regulations.
When Section 18 IT Act Applies
- Supervising Certifying Authorities, certifying their public keys, and setting their standards and duties
- Specifying employee qualifications and experience, and business conditions for Certifying Authorities
- Specifying the form and content of electronic signature Certificates, keys, and related promotional materials
- Specifying accounting rules and the terms, conditions, and remuneration for appointing auditors
- Facilitating and regulating electronic systems established by one or more Certifying Authorities
- Regulating subscriber dealings, resolving conflicts of interests with subscribers, and maintaining a public database of disclosure records
Example of Section 18 IT Act
FAQs on Section 18 IT Act
What is Section 18 IT Act?▼
Section 18 IT Act sets out fourteen functions that the Controller of Certifying Authorities may perform to regulate Certifying Authorities in India. These functions cover supervision, public key certification, operational and accounting standards, certificate formats, subscriber dealings, conflict resolution, and a public database of disclosure records.
Must the Controller perform every function listed in Section 18 IT Act at once?▼
No. Section 18 IT Act states that the Controller may perform all or any of the listed functions in clauses (a) to (n).
Can the public view the disclosure records of Certifying Authorities under Section 18 IT Act?▼
Yes. Under Section 18(n) IT Act, the database maintained by the Controller containing the disclosure record of every Certifying Authority must be accessible to the public.
Who resolves a conflict of interests between a Certifying Authority and a subscriber under Section 18 IT Act?▼
The Controller of Certifying Authorities may resolve any conflict of interests between Certifying Authorities and subscribers under Section 18(l) IT Act. Under Section 18(k) IT Act, the Controller may also specify how Certifying Authorities must conduct their dealings with subscribers.
Does Section 18 IT Act cover advertisements for electronic signature Certificates?▼
Yes. Under Section 18(f) IT Act, the Controller may specify the contents of written, printed, or visual materials and advertisements distributed or used for an electronic signature Certificate and the public key.
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Sources: Bare Act Text, Information Technology Act, 2000 ·