DIGITAL SIGNATURE & ELECTRONIC RECORDS
5. Authentication of electronic records by digital signature.–(1) Subject to the provision of sub-section (2) of this section, any subscriber may authenticate an electronic record by affixing his digital signature.
(2) The authentication of electronic record shall be effected by the use of technology neutral system or standard authentic signature generating machine or strategy.
6. 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 information or matter is rendered or made available in an electronic form:
Provided that such information or matter is accessible so as to be usable for a subsequent reference.
7. Legal recognition of digital signatures.–Where any law provides that–
(a) any information or any other matter shall be authenticated by affixing the signature; or
(b) any document shall be authenticated by signature or bear the signature of any person; then, notwithstanding anything contained in such law, such information or matter is authenticated by means of digital signature affixed in defined manner or so is the case of any document.
8. Use of electronic records and electronic 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, approval or order by whatever
name called in a particular manner;
(c) the receipt or payment of money in a particular manner;
then, notwithstanding anything contained in such law, filing, issue, grant of the document and receipt and payment of money, as the case may be, is effected by means of prescribed electronic form.
(2) The manner and format in which such electronic records shall be filed, created or issued and the manner or methods of payment of any fee or charges for creation and filing shall be fixed by the rules for fulfilling the purposes of this section.
9. Retention of electronic records.–(1) Where any law provides that any document, record or information shall be retained for any specific period, then such requirement shall be deemed to have been satisfied if such documents, records or information, as the case may be, are retained in the electronic form if the following conditions are satisfied–
(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) such information, if any, as enables the identification of the origin and destination of an electronic record and the date and time when it was sent or received, is retained:
Provided that this sub-clause does not apply to any information which is automatically generated solely for the purpose of enabling and electronic record to be dispatched or received.
(2) A person may satisfy the requirements referred to in sub-section (1) of this section by using the services of any other person, if the conditions in clauses (a) to (c) of that sub-section are complied with.
(3) Nothing in this section shall apply to any law that expressly provides for the retention of documents, records or information.
10. Electronic gazette.– Where any law requires that any law, 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 law, rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette:
Provided that where any law, rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or the Electronic Gazette, the date of publication shall be deemed to be the date of the Gazette which was first published in any form.
11. No liability on Government to accept documents in electronic form.–Nothing contained in this Act shall by itself compel any Ministry or Department of the Government or any authority or body established by or under any law or controlled or funded by the Government to accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary
transaction in the electronic form.
12. Power of Government to make rules in respect of digital signatures.–The Government may, by notification in the Official Gazette and in additionally optionally in the Electronic Gazette, make the following rules (all or any of them) to prescribe for the purposes of this Act–
(a) the type of digital signature;
(b) the manner and format in which the digital signature shall be affixed;
(c) the manner and procedure which facilitates identification of the person affixing the digital signature;
(d) the control processes and procedures to ensure adequate integrity, security and
confidentiality of electronic records and payments; and
(e) any other matter which is necessary to give legal effect to digital signatures.