Section 35 IT Act: Certifying authority to issue electronic signature Certificate

Information Technology Act, 2000

Section 35 IT Act at a Glance

Section 35 IT Act governs applications to a Certifying Authority for an electronic signature Certificate, with a prescribed fee up to ₹25,000. The Certifying Authority may grant the certificate or reject the application in writing after an opportunity to show cause.

Section 35 IT Act Bare Act Text

35. Certifying authority to issue electronic signature Certificate.
(1) Any person may make an application to the Certifying Authority for the issue of a electronic signature Certificate in such form as may be prescribed by the Central Government.
(2) Every such application shall be accompanied by such fee not exceeding twenty-five thousand rupees as may be prescribed by the Central Government, to be paid to the Certifying Authority:
Provided that while prescribing fees under sub-section (2) different fees may be prescribed for different classes of applicants.
(3) Every such application shall be accompanied by a certification practice statement or where there is no such statement, a statement containing such particulars, as may be specified by regulations.
(4) On receipt of an application under sub-section (1), the Certifying Authority may, after consideration of the certification practice statement or the other statement under sub-section (3) and after making such enquiries as it may deem fit, grant the electronic signature Certificate or for reasons to be recorded in writing, reject the application:
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Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.

Amendments to this section

Subs. by Act 10 of 2009, s. 2, for "digital signature" (w.e.f. 27-10-2009).
The first proviso omitted by s. 17, ibid. (w.e.f. 27-10-2009).
Subs. by s. 17, ibid., for "Provided further" (w.e.f. 27-10-2009).

Section 35 IT Act in Simple Words

Section 35 IT Act lays down the procedure for applying for and issuing an electronic signature Certificate. Under Section 35(1) IT Act, any person may apply to a Certifying Authority for an electronic signature Certificate in the form prescribed by the Central Government. Under Section 35(2) IT Act, every application must include a fee prescribed by the Central Government, not exceeding ₹25,000, paid to the Certifying Authority. The proviso to Section 35(2) IT Act allows the Central Government to prescribe different fees for different classes of applicants.

Under Section 35(3) IT Act, every application must also include a certification practice statement. Where there is no certification practice statement, the application must include a statement containing the particulars specified by regulations.

Under Section 35(4) IT Act, after receiving the application, the Certifying Authority considers the certification practice statement or other statement submitted under Section 35(3) IT Act and makes such enquiries as the Certifying Authority deems fit. The Certifying Authority may then either grant the electronic signature Certificate or reject the application for reasons recorded in writing. Under the proviso to Section 35(4) IT Act, an application cannot be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection (that is, an opportunity to explain why the application should not be rejected).

Section 35 IT Act was amended by Act 10 of 2009 with effect from 27 October 2009, which substituted certain words and omitted an earlier first proviso.

When Section 35 IT Act Applies

Any person submits an application to a Certifying Authority in the form prescribed by the Central Government under Section 35(1) IT Act.
The application is accompanied by the prescribed fee, not exceeding ₹25,000, paid to the Certifying Authority under Section 35(2) IT Act.
The application includes a certification practice statement or, if none exists, a statement with particulars specified by regulations under Section 35(3) IT Act.
The Certifying Authority considers the statement and makes enquiries it deems fit before granting the certificate or rejecting the application with written reasons under Section 35(4) IT Act.
Before rejecting any application, the Certifying Authority gives the applicant a reasonable opportunity of showing cause against the proposed rejection.

Example of Section 35 IT Act

Zubair, a business owner in Bathinda, applies to a Certifying Authority for an electronic signature Certificate in the prescribed form, pays the prescribed fee (which cannot exceed ₹25,000), and attaches a statement containing the particulars specified by regulations. After making enquiries, the Certifying Authority finds a discrepancy in the particulars and proposes to reject Zubair's application. Under the proviso to Section 35(4) IT Act, the Certifying Authority cannot reject the application without first giving Zubair a reasonable opportunity of showing cause against the proposed rejection. Only after giving Zubair that opportunity may the Certifying Authority reject the application by recording its reasons in writing, or grant the certificate if satisfied.

When Section 35 IT Act Does Not Apply

Under the proviso to Section 35(4) IT Act, a Certifying Authority cannot reject an application unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.
Under Section 35(2) IT Act, the application fee prescribed by the Central Government cannot exceed ₹25,000.

FAQs on Section 35 IT Act

What is Section 35 IT Act?▼

Section 35 IT Act sets out how any person can apply to a Certifying Authority for an electronic signature Certificate with the required statement and a prescribed fee up to ₹25,000. It also empowers the Certifying Authority to grant the certificate after enquiries or reject the application with written reasons after giving the applicant a reasonable opportunity to show cause.

What is the maximum application fee allowed under Section 35(2) IT Act?▼

₹25,000. Under Section 35(2) IT Act, the Central Government prescribes the exact fee to be paid to the Certifying Authority, subject to the ₹25,000 cap, and may prescribe different fees for different classes of applicants.

Can a Certifying Authority reject an application under Section 35 IT Act without hearing the applicant?▼

No. The proviso to Section 35(4) IT Act bars rejecting any application unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection, and the Certifying Authority must also record its reasons in writing.

What if an applicant under Section 35 IT Act does not have a certification practice statement?▼

A statement of particulars may be filed instead. Under Section 35(3) IT Act, where there is no certification practice statement, the application must be accompanied by a statement containing the particulars specified by regulations.

To whom is the application fee paid under Section 35(2) IT Act?▼

The Certifying Authority. While the Central Government prescribes the fee amount (up to ₹25,000), Section 35(2) IT Act states that the fee is paid to the Certifying Authority.

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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 ·