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

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 2000
Section 30 All 90 Sections of Information Technology Act Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 imposes a strict statutory duty on Certifying Authorities to ensure continuous compliance with the Act, rules, regulations, and any specific directions issued by the Controller, holding CA management directly accountable for operational violations.

  • Continuous Compliance Obligation: Imposes an ongoing legal duty on the Certifying Authority to align all issuing, suspension, and revocation practices with statutory mandates.
  • Mandatory Obedience to CCA Directions: Requires immediate execution of lawful administrative orders and binding policy guidelines issued by the Controller under Section 68.
  • Strict Managerial Accountability: Subjects officers and directors of the Certifying Authority to regulatory sanctions and corporate liability under Section 85 for systemic compliance failures.
Key Landmark Precedents:
  • State of U.P. v. Babu Ram Upadhya AIR 1961 SC 751: Constitution Bench affirmed that statutory duties framed in mandatory terms require absolute compliance by the entities governed by the enactment.
  • Sharad Kumar Sanghi v. Sangita Rane (2015) 12 SCC 781: Supreme Court reiterated that corporate compliance mandates must be evaluated against specific statutory duties imposed on corporate entities and key personnel.
  • State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335: Supreme Court recognized that failure to perform statutory duties constitutes actionable nonfeasance under public law and regulatory frameworks.
Courtroom Practice & Strategic Litigation Guidance:

Counsel auditing Certifying Authorities must implement a quarterly compliance tracking checklist covering Section 31 obligations; regulatory audit non-conformities must be rectified immediately to prevent adverse enforcement notices from the CCA.

Section 30 All 90 Sections of Information Technology Act Section 32