Section 31 IT Act: Certifying Authority to ensure compliance of the Act, etc

Information Technology Act, 2000

Section 31 IT Act at a Glance

Section 31 IT Act requires every Certifying Authority to ensure that everyone it employs or engages complies in the course of work with the IT Act, and with all rules, regulations, and orders made under the IT Act.

Section 31 IT Act Bare Act Text

31. Certifying Authority to ensure compliance of the Act, etc.
Every Certifying Authority shall ensure that every person employed or otherwise engaged by it complies, in the course of his employment or engagement, with the provisions of this Act, rules, regulations and orders made thereunder.

Section 31 IT Act in Simple Words

Section 31 IT Act places a supervisory duty on every Certifying Authority to ensure legal compliance by its workforce.

The duty covers two groups of people: every person employed by the Certifying Authority, and every person otherwise engaged by it, such as external personnel brought in to perform work without being regular employees. In both cases, the Certifying Authority must ensure compliance in the course of that person's employment or engagement.

Under Section 31 IT Act, compliance extends to four sources: the provisions of the IT Act itself, and any rules, regulations, and orders made under the IT Act.

When Section 31 IT Act Applies

The duty rests on every Certifying Authority.
It covers every person employed by the Certifying Authority as well as every person otherwise engaged by it.
The duty applies to conduct in the course of that person's employment or engagement.
The Certifying Authority must ensure compliance with the IT Act, and with rules, regulations, and orders made under the IT Act.

Example of Section 31 IT Act

A Certifying Authority in Solapur employs Swati as a regular verification officer and also engages Imtiaz as an external contractor to maintain certificate servers. Under Section 31 IT Act, the Certifying Authority cannot limit oversight to regular employees like Swati alone. Imtiaz is a person otherwise engaged by the Certifying Authority. Section 31 IT Act therefore requires the Certifying Authority to ensure that both Swati and Imtiaz comply, in the course of that employment or engagement in Solapur, with the IT Act and with all rules, regulations, and orders made under the IT Act.

When Section 31 IT Act Does Not Apply

Section 31 IT Act applies only to conduct of an employed or engaged person in the course of that employment or engagement.
Where a person is neither employed nor otherwise engaged by the Certifying Authority.

FAQs on Section 31 IT Act

What is Section 31 IT Act?▼

Section 31 IT Act requires every Certifying Authority to ensure that every person employed or otherwise engaged by it complies with the law in the course of that employment or engagement. That compliance covers the IT Act and all rules, regulations, and orders made under the IT Act.

Does Section 31 IT Act cover contractors who are not regular employees of a Certifying Authority?▼

Yes. Section 31 IT Act explicitly covers every person 'employed or otherwise engaged' by the Certifying Authority, as long as the person is acting in the course of that engagement.

Must staff comply only with the IT Act itself under Section 31 IT Act?▼

No. Section 31 IT Act requires the Certifying Authority to ensure compliance not only with the IT Act, but also with rules, regulations, and orders made under the IT Act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·