|
6.
Use of electronic records and digital signatures in Government
and its agencies.
(1)
Where any law provides for
(a)
the filing of any application form 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).
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.
(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.
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.
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 & 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
|