Section 21 IT Act: Licence to issue electronic signature Certificates
Information Technology Act, 2000
Section 21 IT Act at a Glance
Section 21 IT Act lets any person apply to the Controller for a licence to issue electronic signature Certificates upon meeting prescribed requirements. A granted licence runs for the prescribed period, follows regulations, and cannot be transferred or inherited.
Section 21 IT Act Bare Act Text
21. Licence to issue electronic signature Certificates.
(1) Subject to the provisions of sub-section (2), any person may make an application, to the Controller, for a licence to issue electronic signature Certificates.
(2) No licence shall be issued under sub-section (1), unless the applicant fulfills such requirements with respect to qualification, expertise, manpower, financial resources and other infrastructure facilities, which are necessary to issue electronic signature Certificates as may be prescribed by the Central Government.
(3) A licence granted under this section shall—
(a) be valid for such period as may be prescribed by the Central Government;
(b) not be transferable or heritable;
(c) be subject to such terms and conditions as may be specified by the regulations.
Amendments to this section
- Subs. by Act 10 of 2009, s. 2, for "digital signature" (w.e.f. 27-10-2009).
Section 21 IT Act in Simple Words
Section 21 IT Act governs who may apply for a licence to issue electronic signature Certificates and sets the core features of that licence. Under Section 21(1) IT Act, any person may apply to the Controller of Certifying Authorities for a licence to issue electronic signature Certificates, subject to meeting the eligibility rule in Section 21(2) IT Act. The procedural details for filing that application follow in Section 22 IT Act.
Section 21(2) IT Act bars the grant of a licence unless the applicant fulfills the requirements prescribed by the Central Government for issuing electronic signature Certificates. Those prescribed requirements cover five areas: qualification, expertise, manpower, financial resources, and other necessary infrastructure facilities.
Section 21(3) IT Act sets three legal rules for every licence granted under Section 21 IT Act. Under clause (a), the licence remains valid for the period prescribed by the Central Government. Under clause (b), the licence is neither transferable nor heritable, meaning the licence holder cannot transfer the licence to another person or pass the licence on by inheritance. Under clause (c), the licence is subject to the terms and conditions specified by the regulations. Section 21 IT Act was amended by section 2 of Act 10 of 2009 with effect from 27 October 2009.
When Section 21 IT Act Applies
- Application by any person to the Controller for a licence to issue electronic signature Certificates
- Fulfillment of Central Government prescribed requirements on qualification, expertise, manpower, financial resources, and other necessary infrastructure facilities
- Licence validity limited to the period prescribed by the Central Government
- Rule that the licence is neither transferable nor heritable
- Compliance with terms and conditions specified by the regulations
Example of Section 21 IT Act
When Section 21 IT Act Does Not Apply
- Under Section 21(2) IT Act, no licence can be issued if the applicant does not fulfill the requirements prescribed by the Central Government for qualification, expertise, manpower, financial resources, and other necessary infrastructure facilities.
- Under Section 21(3)(b) IT Act, a licence granted under Section 21 IT Act cannot be transferred to another person or passed on by inheritance.
FAQs on Section 21 IT Act
What is Section 21 IT Act?▼
Section 21 IT Act allows any person to apply to the Controller of Certifying Authorities for a licence to issue electronic signature Certificates, provided the applicant meets Central Government requirements on qualification, expertise, manpower, financial resources, and infrastructure. Section 21 IT Act also provides that a granted licence runs for a prescribed period, follows regulations, and is neither transferable nor heritable.
Who can apply for a licence under Section 21 IT Act?▼
Any person may apply to the Controller for a licence to issue electronic signature Certificates under Section 21(1) IT Act. However, under Section 21(2) IT Act, no licence can be issued unless the applicant fulfills all requirements prescribed by the Central Government.
Can a licence under Section 21 IT Act be transferred or inherited?▼
No. Section 21(3)(b) IT Act expressly states that a licence granted under Section 21 IT Act is not transferable or heritable.
How long does a licence granted under Section 21 IT Act remain valid?▼
A licence remains valid for the period prescribed by the Central Government under Section 21(3)(a) IT Act. Section 21 IT Act itself does not state a fixed number of years in the statutory text.
What requirements must an applicant meet under Section 21(2) IT Act?▼
An applicant must fulfill the requirements prescribed by the Central Government regarding qualification, expertise, manpower, financial resources, and other infrastructure facilities needed to issue electronic signature Certificates.
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Sources: Bare Act Text, Information Technology Act, 2000 ·