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Section No
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III. ELECTRONIC GOVERNANCE
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| III |
4 |
Legal Recognition of Electronic Records |
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Where any law provides that information or any other
matter shall be in writing or in the typewritten or printed form, then,
notwithstanding anything contained in such law, such requirement shall be
deemed to have been satisfied if such information or matter is
| (a) |
rendered or made available in an electronic form; and |
| (b) |
accessible so as to be usable for a subsequent reference |
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5 |
Legal recognition of Electronic Signature |
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Where any law provides that information or any other
matter shall be authenticated by affixing the signature or any document
should be signed or bear the signature of any person then, notwithstanding
anything contained in such law, such requirement shall be deemed to have
been satisfied, if such information or matter is authenticated by means of
digital signature affixed in such manner as may be prescribed by the Central
Government.
Explanation -
For the purposes of this section, "Signed", with its grammatical
variations and cognate expressions, shall, with reference to a person,
mean affixing of his hand written signature or any mark on any document
and the expression "Signature" shall be construed accordingly.
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6 |
Use of Electronic Records and Digital Signatures in Government and its
agencies
| (1) |
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Where any law provides for |
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(a) |
the filing of any form, application or any other
document with any office, authority, body or agency owned or
controlled by the appropriate Government in a particular manner; |
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(b) |
the issue or grant of any licence, permit, sanction
or approval by whatever name called in a particular manner; |
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(c) |
the receipt or payment of money in a particular
manner, then, notwithstanding anything contained in any other law for
the time being in force, such requirement shall be deemed to have been
satisfied if such filing, issue, grant, receipt or payment, as the case
may be, is effected by means of such electronic form as may be
prescribed by the appropriate Government. |
| (2) |
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The appropriate Government may, for the purposes of
sub-section (1), by rules, prescribe - |
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(a) |
the manner and format in which such electronic
records shall be filed, created or issued; |
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(b) |
the manner or method of payment of any fee or charges
for filing, creation or issue any electronic record under clause (a). |
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7 |
Retention of Electronic Records |
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| (1) |
Where any law provides that documents, records or
information shall be retained for any specific period, then, that
requirement shall be deemed to have been satisfied if such documents,
records or information are retained in the electronic form, -
| (a) |
the information contained therein remains
accessible so as to be usable for a subsequent reference; |
| (b) |
the electronic record is retained in the format
in which it was originally generated, sent or received or in a
format which can be demonstrated to represent accurately the
information originally generated, sent or received; |
| (c) |
the details which will facilitate the
identification of the origin, destination, date and time of
dispatch or receipt of such electronic record are available in the
electronic record:
Provided that
this clause does not apply to any information which is
automatically generated solely for the purpose of enabling an
electronic record to be dispatched or received.
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| (2) |
Nothing in this section shall apply to any law that
expressly provides for the retention of documents, records or
information in the form of electronic records. Publication of rules.
regulation, etc.. in Electronic Gazette. |
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8 |
Publication of rules, regulation, etc, in Electronic Gazette |
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Where any law provides that any rule, regulation,
order, bye-law, notification or any other matter shall be published in the
Official Gazette, then, such requirement shall be deemed to have been
satisfied if such rule, regulation, order, bye-law, notification or any
other matter is published in the Official Gazette or Electronic Gazette:
Provided that
where any rule, regulation, order, bye-law, notification or any other
matters published in the Official Gazette or Electronic Gazette, the
date of publication shall be deemed to be the date of the Gazette which
was first published in any form
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9 |
Sections 6, 7 and 8 Not to Confer Right to insist document should be
accepted in electronic form |
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Nothing contained in sections 6, 7 and 8 shall confer a
right upon any person to insist that any Ministry or Department of the
Central Government or the State Government or any authority or body
established by or under any law or controlled or funded by the Central or
State Government should accept, issue, create, retain and preserve any
document in the form of electronic records or effect any monetary
transaction in the electronic form.
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10. |
Power to Make Rules by Central Government in respect of Digital
Signature |
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The Central Government may, for the purposes of this Act, by rules,
prescribe
| (a) |
the type of digital signature; |
| (b) |
the manner and format in which the digital signature shall be
affixed; |
| (c) |
the manner or procedure which facilitates
identification of the person affixing the digital signature; |
| (d) |
control processes and procedures to ensure adequate
integrity, security and confidentiality of electronic records or
payments; and |
| (e) |
any other matter which is necessary to give legal
effect to digital signatures. |
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