Section 23 IT Act: Renewal of licence
Information Technology Act, 2000
Section 23 IT Act at a Glance
Section 23 IT Act sets the rules for renewing a licence to issue electronic signature Certificates. The renewal application must use the prescribed form, include the prescribed fee not exceeding ₹5,000, and be filed at least 45 days before the licence expires.
Section 23 IT Act Bare Act Text
23. Renewal of licence.
An application for renewal of a licence shall be—
(a) in such form;
(b) accompanied by such fees, not exceeding five thousand rupees, as may be prescribed by the Central Government and shall be made not less than forty-five days before the date of expiry of the period of validity of the licence.
Section 23 IT Act in Simple Words
Section 23 IT Act governs how an existing licence to issue electronic signature Certificates is renewed before its validity period ends. Under Section 21(3)(a) IT Act, a licence is valid only for the period prescribed by the Central Government, so a holder seeking to continue operating must apply for renewal.
Under Section 23(a) IT Act, an application for renewal of a licence must be submitted in the form prescribed by the Central Government. Under Section 23(b) IT Act, the application must be accompanied by the renewal fee prescribed by the Central Government, subject to a maximum of ₹5,000.
Section 23(b) IT Act also fixes a strict filing deadline: the renewal application must be made not less than 45 days before the date on which the period of validity of the licence expires. Section 23 IT Act states no exception to the requirement of applying at least 45 days before expiry.
When Section 23 IT Act Applies
- Application for renewal of a licence made in the form prescribed by the Central Government.
- Payment of the renewal fee prescribed by the Central Government, not exceeding ₹5,000.
- Filing of the renewal application not less than 45 days before the date of expiry of the licence's validity period.
Example of Section 23 IT Act
FAQs on Section 23 IT Act
What is Section 23 IT Act?▼
Section 23 IT Act sets the procedure and deadline for applying to renew a licence under Chapter VI of the IT Act. The renewal application must be in the prescribed form, include the prescribed fee not exceeding ₹5,000, and be submitted not less than 45 days before the licence's validity period expires.
When must a licence renewal application be filed under Section 23 IT Act?▼
Not less than 45 days before expiry. Section 23(b) IT Act requires the renewal application to be made at least 45 days before the date on which the period of validity of the licence expires.
What is the maximum fee for renewing a licence under Section 23 IT Act?▼
₹5,000. Under Section 23(b) IT Act, the Central Government prescribes the renewal fee, and that fee cannot exceed ₹5,000.
Does Section 23 IT Act allow a delayed renewal application filed fewer than 45 days before expiry?▼
Section 23 IT Act does not provide for one. It requires the application to be made not less than 45 days before the licence expires and contains no provision for extending that deadline.
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Sources: Bare Act Text, Information Technology Act, 2000 ·