(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 making such inquiry as it may deem fit, grant the electronic signature Certificate or for reasons to be recorded in writing, reject the application:
Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.
Legal Commentary & Landmark Judgments: Section 35
Section 35 sets out the statutory procedure for the issuance of Digital Signature Certificates by Certifying Authorities, mandating rigorous identity verification, certified credentials, and statutory fee compliance prior to certificate issuance.
In identity theft and financial cyber fraud cases, summon the Certifying Authority's Section 35 subscriber application dossier; proof that the CA issued the certificate without verifying physical KYC documents establishes co-liability for the resulting fraud.