(2) The Controller shall discharge his functions under this Act subject to the general control and
directions of the Central Government.
(3) The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by
the Controller under the general superintendence and control of the Controller.
(4) The qualifications, experience and terms and conditions of service of Controller, Deputy
Controllers 1[,Assistant Controllers, other officers and employees] shall be such as may be prescribed by
the Central Government.
(5) The Head Office and Branch Office of the office of the Controller shall be at such places as the
Central Government may specify, and these may be established at such places as the Central Government
may think fit.
(6) There shall be a seal of the Office of the Controller.
18. Functions of Controller.–The Controller may perform all or any of the following functions,
namely:–
(a) exercising supervision over the activities of the Certifying Authorities;
(b) certifying public keys of the Certifying Authorities;
(c) laying down the standards to be maintained by the Certifying Authorities;
(d) specifying the qualifications and experience which employees of the Certifying Authority
should possess;
(e) specifying the conditions subject to which the Certifying Authorities shall conduct their
business;
(f) specifying the contents of written, printed or visual materials and advertisements that may be
distributed or used in respect of a 2[electronic signature] Certificate and the public key;
(g) specifying the form and content of a 2[electronic signature] Certificate and the key;
(h) specifying the form and manner in which accounts shall be maintained by the Certifying
Authorities;
(i) specifying the terms and conditions subject to which auditors may be appointed and the
remuneration to be paid to them;
(j) facilitating the establishment of any electronic system by a Certifying Authority either solely
or jointly with other Certifying Authorities and regulation of such systems;
(k) specifying the manner in which the Certifying Authorities shall conduct their dealings with the
subscribers;
(l) resolving any conflict of interests between the Certifying Authorities and the subscribers;
(m) laying down the duties of the Certifying Authorities;
(n) maintaining a data base containing the disclosure record of every Certifying Authority
containing such particulars as may be specified by regulations, which shall be accessible to public.
19. Recognition of foreign Certifying Authorities.–(1) Subject to such conditions and restrictions as
may be specified by regulations, the Controller may with the previous approval of the Central
Government, and by notification in the Official Gazette, recognise any foreign Certifying Authority as a
Certifying Authority for the purposes of this Act.
(2) Where any Certifying Authority is recognised under sub-section (1), the 2[electronic signature]
Certificate issued by such Certifying Authority shall be valid for the purposes of this Act.
(3) The Controller may, if he is satisfied that any Certifying Authority has contravened any of the
conditions and restrictions subject to which it was granted recognition under sub-section (1) he may, for
reasons to be recorded in writing, by notification in the Official Gazette, revoke such recognition.
1. Subs. by Act 10 of 2009, s. 12, for “Assistant Controllers” (w.e.f. 27-10-2009).
2. Subs. by s. 2, ibid., for “Digital Signature” (w.e.f. 27-10-2009).
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