Ch Title
- Preamble
1 Preliminary
2 Digital and Electronic Signature
3 Electronic Governance
4 Attribution, Acknowledgement Despatch of Electronic Records
5 Secure Electronic Records and Secure Digital Signatures
6 Regulation of Certifying Authorities
7 Electronic  Signature Certificates
8 Duties of Subscribers
9 Penalties and Adjudication
10 The Cyber Appellate Tribunal
11 Offences
12 Network Service Providers Not to be liable in Certain cases
12A Examiner of Electronic Evidence
13 Miscellaneous

Amendments to Other Acts
Part III Indian Penal Code
Part IV Indian Evidence Act

Schedules
1 Excluded Documents
2 Electronic Signature Procedure

 Reference
  Objectives
  Notes on clauses
  Compendium of Rules

 

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 electronic 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 Electronic Signature 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 license, 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).

 
  6A     Delivery of Services by Service Provider (Inserted vide ITAA-2008)  
    (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.

  

 

 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.

 
  7A     Audit of Documents etc  in Electronic form  
        Where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in electronic form (ITAA 2008, Standing Committee Recommendation)  

 

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  Electronic Signature (Modified Vide ITAA 2008)

 

 

 

 

 

The Central Government may, for the purposes of this Act, by rules, prescribe 
 

(a)

the type of Electronic Signature;

(b)

the manner and format in which the Electronic Signature shall be affixed;

(c)

the manner or procedure which facilitates identification of the person   affixing the Electronic 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 Electronic Signature.

 
  10A     Validity of contracts formed through electronic means (Inserted by ITAA 2008)  
       

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.