CHAPTER
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 digital signatures.
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 digital 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.
Use of electronic records and digital signatures in Government audits agencies.
6. (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
(/), 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).
Retention of electronic records.
7. (/) 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.
Publication of rules. regulation, etc.. in Electronic Gazette.
8. 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
electronic Gazette :
Provided that where an Official Gazette is published both in the
printed as well as in the electronic form, the date of publication shall be
deemed to be the date of that Official Gazette which was first published in any
form.
Sections 6. 7 and 8 not to confer right to insist document should be
accepted in electronic form.
9. 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, preserve any document in the form of electronic
records or effect any monetary transaction in the electronic form.
Power to nuke rules by Central Government in respect of digital
signature.
10. 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.
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