Section No
|
III. ELECTRONIC GOVERNANCE |
|
|
III |
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 |
|
|
|
|
5 |
|
|
Legal recognition of Electronic Signature |
|
|
|
|
|
|
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.
|
|
|
|
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. |
|
(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). |
|
|
|
|
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, -
|
(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.
|
|
|
(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. |
|
|
|
|
8 |
|
|
Publication of rules, 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 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
|
|
|
|
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.
|
|
|
|
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. |
|
|