Information Technology Act Section 6 — Use of electronic records and 1[electronic signatures] in Government and its agencies
CHAPTER III ELECTRONIC GOVERNANCE
Cyber Law
Summary
Sub-section (1) sets out the main rule. If any law requires a person to file a form, application, or other document with a government office or agency in a particular way, or to get a licence, permit, sanction, or approval in a particular way, or to receive or pay money in a particular way, then that requirement is treated as satisfied if the filing, issue, grant, receipt, or payment is done through an electronic form prescribed by the appropriate Government. This applies even if some other law says something different.
Under clause (a) of sub-section (1), the rule covers situations where a law specifies a particular manner for filing any form, application, or other document with any office, authority, body, or agency owned or controlled by the appropriate Government.
Under clause (b) of sub-section (1), the rule covers situations where a law specifies a particular manner for issuing or granting any licence, permit, sanction, or approval, regardless of what name it is called.
Under clause (c) of sub-section (1), the rule covers situations where a law specifies a particular manner for receiving or paying money.
Sub-section (2) gives the appropriate Government the power to make rules for the purposes of sub-section (1). Under clause (a) of sub-section (2), these rules may prescribe the manner and format in which electronic records shall be filed, created, or issued. Under clause (b) of sub-section (2), these rules may prescribe the manner or method of payment of any fee or charges for filing, creating, or issuing any electronic record under clause (a).
Official Text
(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 any electronic record under clause (a). 1