BareLaws
SCHEDULE

From: The Information Technology Act, 2000

36 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. 37 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 Signa ture 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 D igital 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 a ccordance 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), d ated 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), d ated 1-3-2019. 6. Ins. by S.O. 1119(E), d ated 1-3-2019. 38 complied with, in so far as they relate to the certification functi on 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 D igital 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 i dentity 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 -gener ation, 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. 39 (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 tim e 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 Technolog y (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 Sig nature.] _______________ 40 [THE THIRD SCHEDULE. ] Omitted by the Information Technology (Amendment ) Act, 2008 (10 of 2009) , s. 50 (w.e.f. 27-10-2009). 41 [THE FOURTH SCHEDULE .] Omitted by the Information Technology (Amendment) Act, 2008 (10 of 2009), s. 50 (w.e.f. 27 -10-2009).