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CHAPTER
III : ELECTRONIC GOVERNANCE
6. Use of
electronic records and
digitalelectronic
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
provider,
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
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 rules,
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 signature
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
CHAPTER
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.
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