38. Revocation of Digital Signature Certificate.—A Certifying Authority shall revoke a
Digital Signature Certificate issued by it—
(a) where the subscriber or any person authorized by him makes a request to that effect;
or
(b) upon the death of the subscriber; or
(c) where the subscriber is a firm or a company, if it has been dissolved or wound up or
has otherwise ceased to exist.
(2)
Subject to the provisions of sub-section (3) of this section and without prejudice to
the provisions of sub-section (1) of this section, a Certifying Authority may revoke a Digital Signature
Certificate which has been issued by it at any time if it is of opinion that—
(a) a material fact represented in the Digital Signature Certificate is false or has been
concealed;
(b) a requirement for issuance of the Digital Signature Certificate was not satisfied;
(c) the Certifying Authority’s identification/security system was compromised in a
manner materially or as a whole affecting the Digital Signature Certificate’s
reliability;
(d) the subscriber has been declared insolvent by a competent court or authority.
(3)
A Digital Signature Certificate shall not be revoked unless the subscriber has been
given an opportunity of being heard in the matter.
(4)
On revocation of a Digital Signature Certificate under this section, the Certifying
Authority shall communicate the same to the subscriber.
39. Suspension of Digital Signature Certificate.—(1) Subject to the provisions of sub-section
(2) of this section, the Certifying Authority which has issued a Digital Signature Certificate may
suspend such Digital Signature Certificate—
(a)
on receipt of a request to that effect from the subscriber listed in the Digital Signature
certificate or any person duly authorized to act on behalf of that subscriber;
(b)
if it is opinion that the Digital Signature Certificate should be suspended in public
interest.
(2)
A Digital Signature Certificate shall not be suspended for a period exceeding 30 (thirty)
days without giving the subscriber a notice under sub-section 1 (b) of this section.
(3)
Certifying Authority can suspend the Digital Signature Certificate, if the Authority is
satisfied on the ground that the explanation given by the subscriber in response to the notice of subsection (2) of this section is not acceptable.
(4)
On suspension of a Digital Signature Certificate under this section, the Certifying
Authority shall communicate the same to the subscriber.
40. Notice of revocation or suspension.—(1) Where a Digital Signature Certificate is revoked
under section 38 of this Act or suspended under section 39 of this Act, the Certifying Authority shall
publish a notice of such revocation or suspension, as the case may be, in the repository specified in the
Digital Signature Certificate for publication of such notice.
(2)
Where one or more repositories are specified, the Certifying Authority shall publish
notices of such revocation or suspension, as the case may be, in all such repositories.
Chapter VI
DUTIES OF SUBSCRIBERS
41. Application of security procedure.--The subscriber shall apply required security procedure
to ensure the purity of Digital Signature Certificate issued by a Certifying Authority.
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