Section 6 Use of electronic records and electronic signatures in Government and its agencies
- Chapter
- III · Electronic Governance
- Amendments
- 1
6. Use of electronic records and digital signaturesSubstituted by Information Technology (Amendment) Act, 2008, s. 2, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "digital signatures"electronic signatures in Government and its agencies.—
(1) Where any lawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... 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 GovernmentDefined in section 2(e): appropriate Government means as respects any matter,— (i) enumerated in List II of the Seventh Schedule to the Constitution; (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government in a particular manner;
(b) the issue or grant of any licenceDefined in section 2(z): licence means a licence granted to a Certifying Authority under section 24; (za) originator means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary; (zb) pres..., 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 lawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... 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 formDefined in section 2(r): electronic form with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device as may be prescribed by the appropriate GovernmentDefined in section 2(e): appropriate Government means as respects any matter,— (i) enumerated in List II of the Seventh Schedule to the Constitution; (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government.
(2) The appropriate GovernmentDefined in section 2(e): appropriate Government means as respects any matter,— (i) enumerated in List II of the Seventh Schedule to the Constitution; (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central 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 recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... under clause (a).