The Information Technology Act, 2000

1[THE FIRST SCHEDULE

[See sub-section (4) of section 1]

DOCUMENTS OR TRANSACTIONS TO WHICH THE ACT SHALL NOT APPLY

Sl. No. Description of documents or transactions

2[1. A negotiable instrument (other than a cheque, a Demand Promissory Note or a Bill of

Exchange issued in favour of or endorsed by an entity regulated by the Reserve Bank of India,

National Housing Bank, Securities and Exchange Board of India, Insurance Regulatory and

Development Authority of India and Pension Fund Regulatory and Development Authority) as

defined in Section 13 of the Negotiable Instrument Act, 1881 (26 of 1881).]

2. A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882 (7 of 1882)
3[but excluding those power-of-attorney that empower an entity regulated by the Reserve Bank

of India, National Housing Bank, Securities and Exchange Board of India, Insurance

Regulatory and Development Authority of India and Pension Fund Regulatory and

Development Authority to act for, on behalf of, and in the name of the person executing them.].

3. A trust as defined in section 3 of the Indian Trust Act, 1882 (2 of 1882).

4. A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925),

including any other testamentary disposition by whatever name called.

5. 4[***]

______________

1. Subs. by Act 10 of 2009, s. 49, for the First Schedule and the Second Schedule (w.e.f. 27-10-2009).

2. Subs. by notification No S.O. 4720(E), for serial number 1 and the entries relating thereto, Dated 26-9-2022.

3. Ins. by S.O. 4720(E), Dated 26-9-2022.

4. Serial number 5 and the entries relating thereto Omitted by S.O. 4720(E), Dated 26-9-2022.

1[THE SECOND SCHEDULE

[See sub-section (1) of section 3A]

ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION TECHNIQUE AND PROCEDURE

Sl. No. Description Procedure

(1) (2) (3)

2[1. e-authentication technique using Aadhaar 3[or

other] e-KYC services

Authentication of an electronic record

by e-authentication Technique which

shall be done by—

(a) the applicable use of e-

authentication, hash, and asymmetric

crypto system techniques, leading to

issuance of Digital Signature Certificate

by Certifying Authority

(b) a trusted third party service by

subscriber's key pair-generation, storing

of key pairs 4[* * *] and creation of

digital signature provided that the

trusted third party shall be offered by

the certifying authority. The trusted

third party shall send application form

and certificate signing request to the

Certifying Authority for issuing a

Digital Signature Certificate to the

subscriber.

(c) Issuance of Digital Signature

Certificate by Certifying Authority shall

be based on e-authentication, particulars

specified in Form C of Schedule IV of

the Information Technology (Certifying

Authorities) Rules, 2000, digitally

signed verified information from

Aadhaar 5[or other] e-KYC services and

electronic consent of Digital Signature

Certificate applicant.

(d) The manner and requirements for e-

authentication shall be as issued by the

Controller from time to time.

(e) The security procedure for creating

the subscriber’s key pair 6[and other e-

KYC services] shall be in accordance

with the e-authentication guidelines

issued by the Controller.

(f) The standards referred to in Rule 6 of

the Information Technology (Certifying

Authorities) Rules, 2000 shall be

1. Subs. by Act 10 of 2009, s. 49, (w.e.f. 27-10-2009).

2. Ins. by G.S.R. 61(E), dated 27-1-2015 (w.e.f. 28-1-2015).

3. Ins. by S.O. 1119(E), dated 1-3-2019.

4. The words “on hardware security module” omitted by G.S.R. 539(E), dt. 30-6-2015 (w.e.f. 6-7-2015).

5. Ins. by S.O. 1119(E), dated 1-3-2019.

6. Ins. by S.O. 1119(E), dated 1-3-2019.

complied with, in so far as they relate to

the certification function of public key

of Digital Signature Certificate

applicant.

1[(g) The manner in which the

information is authenticated by means

of digital signature shall comply with

the manner and standards specified in

Rules 3 to 12 of the Digital Signature

(End entity) Rules, 2015 in so far as

they relate to the creation, storage, and

verification of Digital Signature]

2[2. e-authentication technique and procedure for

creating and accessing subscriber’s signature

key facilitated by trusted third party

Authentication of an electronic record

by e-authentication technique which

shall be done by—

(a) the applicable use of

e-authentication, hash and asymmetric

crypto system techniques leading to

issuance of Digital Signature Certificate

by Certifying Authority, provided that

Certifying Authority shall ensure the

subscriber identity verification, secure

storage of the keys by trusted third party

and subscriber’s sole authentication

control to the signature key.

(b) Identity verification of Digital

Signature Certificate applicant shall be

in accordance with the Identity

Verification Guidelines issued by

Controller from time-to-time.

(c) The requirement to operate as trusted

third party shall be specified under e-

authentication guidelines issued by the

Controller.

(d) a trusted third party shall

(i) facilitate Identity verification of

Digital Signature Certificate applicant;

(ii) establish secure storage for

subscriber to have sole control for

creation and subsequent usage of

subscriber’s signature key by sole

authentication of subscriber;

(iii) facilitate key pair-generation,

secure storage of subscriber's signature

key and facilitate signature creation

functions;

(vi) facilitate the submission of DSC

application form and certificate signing

request to the Certifying Authority for

issuing a Digital Signature Certificate to

the DSC applicant, and

1. Subs. by G.S.R. 446(E), for “(g)” dated 27-4-2016 (w.e.f. 27-4-2016).”

2. Ins. by S.O. 3472(E), dated 29-9-2020.

(v) facilitate revocation of Digital

Signature Certificate and destruction of

subscriber’s signature key.

(e) The manner and requirements for

authentication and storage of keys shall

be as issued by the Controller from time

to time under e-authentication

guidelines

(g) The security procedure for creating

the subscriber's key pair shall be in

accordance with the e-authentication

guidelines issued by the Controller.

(h) The standards referred to in Rule 6

of the Information Technology

(Certifying Authorities) Rules, 2000

shall be complied with, in so far as they

relate to the certification function of

public key of Digital Signature

Certificate applicant.

(i) The manner in which information is

authenticated by means of digital

signature shall comply with the manner

and standards specified in Rule 3 to 12

of Digital Signature (End entity) Rules,

2015 in so far as they relate to the

creation, storage and verification of

Digital Signature.]

_______________

[THE  THIRD  SCHEDULE.]  Omitted  by  the  Information  Technology  (Amendment)  Act,  2008

(10 of 2009), s. 50 (w.e.f. 27-10-2009).

[THE FOURTH SCHEDULE.] Omitted  by  the  Information  Technology  (Amendment)  Act,  2008

(10 of 2009), s. 50 (w.e.f. 27-10-2009).