Information Technology Act Section 6A — Delivery of services by service provider
CHAPTER III ELECTRONIC GOVERNANCE
Cyber Law
Summary
Sub-section (1) allows the appropriate Government to authorise, by a formal order, any service provider to set up, maintain and upgrade computerised facilities, and to perform other services the Government specifies, for the purpose of delivering services to the public electronically. This authorisation is done through a notification in the Official Gazette. The Explanation clarifies that a service provider authorised this way includes any individual, private agency, private company, partnership firm, sole proprietor firm, or any other body or agency that has been granted permission by the appropriate Government to offer services electronically, in line with the policy governing that service sector.
Sub-section (2) allows the appropriate Government to authorise a service provider that has already been authorised under sub-section (1) to collect, retain and appropriate service charges from the person availing the service. The amount of these charges is to be prescribed by the appropriate Government for the purpose of providing such services.
Sub-section (3) states that, subject to sub-section (2), the appropriate Government may authorise service providers to collect, retain and appropriate service charges under this section, even if there is no express provision in the Act, rule, regulation or notification under which the service is provided that allows the service provider to collect, retain and appropriate e-service charges.
Sub-section (4) requires the appropriate Government to specify, by notification in the Official Gazette, the scale of service charges that may be charged and collected by service providers under this section. The proviso to this sub-section states that the appropriate Government may specify different scales of service charges for different types of services.
Official Text
(1) The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and perform such other services as it may specify, by notification in the Official Gazette.
Explanation.—For the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.
(2) The appropriate Government may also authorise any service provider authorised under sub-section (1) to collect, retain and appropriate such service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.
(3) Subject to the provisions of sub-section (2), the appropriate Government may authorise the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers.
(4) The appropriate Government shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section:
Provided that the appropriate Government may specify different scale of service charges for different types of services.]