CHAPTER III : ELECTRONIC GOVERNANCE

6. Use of electronic records and  digitalelectronic6C 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,
or delivery of service either directly or through its authorized service provider6D, of any electronic record under clause (a).

Explanation:  For the purposes of this section

“authorized service provider” includes any person who has been permitted by the appropriate government through a license, registration certificate or a specific authorization letter to offer services through electronic means as per the policy governing the relevant service sector.

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 despatcheddispatched
6E 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
s, regulations, 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. Section 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 electronic signature7A1

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

(a) the type of  digitalelectronic7A signature;

(b) the manner and format in which the  digitalelectronic signature shall be affixed;

(c) the manner or procedure which facilitates identification of the person affixing the  digitalelectronic signature;

(d) control processes and procedures to ensure adequate integrity, security and confidentiality or electronic records or payments; and 

(e) any other matter which is necessary to give legal effect to digitalelectronic signatures


7AACHAPTER III A : ELECTRONIC CONTRACTS

 10A. 10. Formation and Validity of Contracts 

a.     In the context of contract formation, unless otherwise agreed by the parties, an offer and the acceptance of an offer may be expressed by means of an electronic record.

b.     Where an electronic record is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that an electronic record was used for that purpose.

6C In this clause and in number of other places the term “ Digital” has been changed to “Electronic”  to enable the Act to be technology neutral

 6D added to include delivery of service by authorized service providers

6E word “despatched” has been replaced with “dispatched”

7A1 Section 10 has been deleted as this is covered under section 87

7AA A new section 10A is added for “Formation and Validity of ElectronicContracts”