Section 4. Legal
recognition of electronic records.
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.
(b) accessible so as to be usable for a subsequent reference.
Section 5. Legal
recognition of electronic signatures.
Where any law provides that information or any other
matter shall be authenticated by affixing the signature or any document shall be
signed or bear the signature of any person (hen, 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.
Section 6. Use of
electronic records and digital signatures in Government and its agencies.
(1)
Where any law provides for—
(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;
(b)
the
issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner;
(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.
the case may be, is effected by means of such electronic form as may be prescribed
by the appropriate Government.
(2) The appropriate Government may,
for the purposes of sub-section (1), by rules,
prescribe—
(a) the manner and format in which
such electronic records shall be filed, created or issued;
(b) the manner or method
of payment of any fee or charges for filing, creation or
issue any electronic record under clause (a).
issue any electronic record under clause (a).
Section
6A: Delivery of Services by Service Provider
(1) The appropriate Government may, for the purposes of
this Chapter and for efficient delivery of services to the public through
electronic means authorize, by order, any service provider to set up, maintain
and upgrade the computerized facilities and perform such other services as it
may specify, by notification in the Official Gazette.
Explanation: For the purposes of this
section, service provider so authorized includes any individual, private
agency, private company, partnership firm, sole proprietor form or any such
other body or agency which has been granted permission by the appropriate
Government to offer services through electronic means in accordance with the
policy governing such service sector.
(2) The appropriate Government may also
authorize any service provider authorized under sub-section (1) to collect, retain
and appropriate service charges, as may be prescribed by the appropriate
Government for the purpose of providing such services, from the person availing
such service.
(3) Subject to the provisions of sub-section
(2), the appropriate Government may authorize the service providers to collect,
retain and appropriate service charges under this section notwithstanding the
fact that there is no express provision under the Act, rule, regulation or
notification under which the service is provided to collect, retain and
appropriate e-service charges by the service providers.
(4) The appropriate Government shall, by
notification in the Official Gazette, specify the scale of service charges
which may be charged and collected by the service providers under this section:
Provided that the appropriate Government may
specify different scale of service charges for different types of services.
Section 7.
Retention of electronic records
(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, if—
(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;
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.
to be dispatched or received.
(2) Nothing in this section shall apply to any law that
expressly provides for the
Section
7A: Audit of Documents etc in Electronic form
Section 8.
Publication of rule, regulation, etc., in Electronic Gazette.
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 matter is 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.
Section 9.
Sections 6,7 and 8 not to confer right to insist document should be accepted in electronic
form.
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.
Section 10. Power
to make rules by Central Government in respect of digital signature.
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.
Section
10A: Validity of contracts formed through electronic means
Where in a contract formation, the communication of
proposals, the acceptance of proposals, the revocation of proposals and
acceptances, as the case may be, are expressed in electronic form or by means
of an electronic record, such contract shall not be deemed to be unenforceable
solely on the ground that such electronic form or means was used for that
purpose.
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