Section 33 IT Act: Surrender of licence
Information Technology Act, 2000
Section 33 IT Act at a Glance
Section 33 IT Act requires a Certifying Authority to surrender a suspended or revoked licence to the Controller immediately. Otherwise, the person in whose favour it is issued commits an offence and is liable to a penalty up to ₹5 lakh.
Section 33 IT Act Bare Act Text
33. Surrender of licence.
(1) Every Certifying Authority whose licence is suspended or revoked shall immediately after such suspension or revocation, surrender the licence to the Controller.
(2) Where any Certifying Authority fails to surrender a licence under sub-section (1), the person in whose favour a licence is issued, shall be guilty of an offence and shall be liable to penalty which may extend to five lakh rupees.
Amendments to this section
- Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 30-11-2023).
Section 33 IT Act in Simple Words
Section 33 IT Act sets the duty of a Certifying Authority to hand back its licence once that licence is suspended or revoked. Under Section 33(1) IT Act, every Certifying Authority whose licence is suspended or revoked must surrender the licence to the Controller immediately after the suspension or revocation.
Section 33(2) IT Act states the consequence of failing to comply with Section 33(1) IT Act. Where any Certifying Authority fails to surrender a suspended or revoked licence, the person in whose favour the licence is issued is guilty of an offence and is liable to a penalty that may extend to ₹5 lakh. ₹5 lakh is the maximum penalty, not a fixed amount.
Certain words in Section 33 IT Act were substituted by Act 18 of 2023 with effect from 30 November 2023.
When Section 33 IT Act Applies
- A Certifying Authority holds a licence that has been suspended or revoked.
- Under Section 33(1) IT Act, the Certifying Authority must surrender the licence to the Controller immediately after the suspension or revocation.
- The Certifying Authority fails to surrender the licence as required under Section 33(1) IT Act.
- Under Section 33(2) IT Act, the person in whose favour the licence is issued is guilty of an offence and liable to a penalty up to ₹5 lakh.
Example of Section 33 IT Act
FAQs on Section 33 IT Act
What is Section 33 IT Act?▼
Section 33 IT Act requires every Certifying Authority whose licence is suspended or revoked to surrender that licence to the Controller immediately. If the Certifying Authority fails to do so, the person in whose favour the licence is issued is guilty of an offence and liable to a penalty up to ₹5 lakh.
To whom must a Certifying Authority surrender a suspended or revoked licence under Section 33 IT Act?▼
The Controller. Under Section 33(1) IT Act, the Certifying Authority must surrender the licence to the Controller immediately after suspension or revocation.
Who is liable under Section 33(2) IT Act if a Certifying Authority fails to surrender its licence?▼
The person in whose favour the licence is issued. Under Section 33(2) IT Act, when a Certifying Authority fails to surrender a suspended or revoked licence, that person is guilty of an offence and liable to a penalty up to ₹5 lakh.
Does Section 33 IT Act apply when a licence is only suspended and not revoked?▼
Yes. Section 33(1) IT Act requires immediate surrender of the licence to the Controller after either suspension or revocation.
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Sources: Bare Act Text, Information Technology Act, 2000 ·