Project Report on Information Technology Act,

2000

Electronic Governance
under IT Act, 2000.
(Section 6 -Section 10)

SUBMITTED TO: SUBMITTED BY:

Dr. Amita Verma Vikrant Attri

B.A.LL.B(Hons.)10th Sem

175/12

Section A

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 ACKNOWLEDGEMENT

I express my sincere gratitude to “Dr. Amita Verma” for her inspiration, expert guidance, moral
boosting, continuous encouragement and appreciation which are the vital factors in successful
completion of my project work.

I humbly acknowledge deep gratitude towards my teacher.

Thanking You.

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 CONTENTS

E-GOVERNANCE
 Acknowledgement
 E-Governance – Introduction
 What is E-Government?
 E-Governance - What does it mean?
 Scope of E-Governance
A. Government to Citizen
B. Citizen to Government
C. Government to Government
D. Government to Business
 Object of E-Governance
 Advantages of E-Governance
 Objectives of E-Governance
 E-governance under Information Technology Act, 2000.
 Initiatives till date
 Conclusion
 Bibliography

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 E-GOVERNANCE

INTRODUCTION

E-Governance aka Electronic Governance means using Information and Communications

Technology (ICT) to transform functioning of the Government. Electronic governance or e-
governance is the application of information and communication technology (ICT) for
delivering government services, exchange of information communication transactions,
integration of various stand-alone systems and services between government-to-customer (G2C),
government-to-business (G2B), government-to-government (G2G) as well as back
office processes and interactions within the entire government framework.1

It differs from E-Government as Governance is wider than Government. E-governance may refer
to governance of a Country, or the governance of an institution and also governance of a
Household by a housewife. However E-Governance under this project refers to the Governance
of a Country.

What is E-Government?
E-Government i.e. Electronic Government is the use of Information and Communications
Technology (ICT) to run or carry on the business of the Government of a Country. Definitions
of e-government range from “the use of information technology to free movement of
information to overcome the physical bounds of traditional paper and physical based
systems” to “the use of technology to enhance the access to and delivery of government
services to benefit citizens, business partners and employees.” The common theme behind these
definitions is that e-government involves the automation or computerization of existing paper-
based procedures that will prompt new styles of leadership, new ways of debating and deciding
strategies, new ways of transacting business, new ways of listening to citizens and communities,
and new ways of organizing and delivering information.

“E-Government” refers to the use by government agencies of information technologies (such as

Wide Area Networks, the Internet, and mobile computing) that have the ability to transform

1
Saugata, B., and Masud, R.R. (2007). Implementing E-Governance Using OECD Model(Modified) and Gartner
Model (Modified) Upon Agriculture of Bangladesh. IEEE. 1-4244-1551-9/07.

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relations with citizens, businesses, and other arms of government. These technologies can serve a
variety of different ends: better delivery of government services to citizens, improved
interactions with business and industry, citizen empowerment through access to information, or
more efficient government management. The resulting benefits can be less corruption, increased
transparency, greater convenience, revenue growth, and/or cost reductions.2 However the term E-
government is misleading, as it implies an electronic substitute for the physical government.
Electronic substitution of a government is not possible as Government is an unit of people
coming together to administer a country. A Government is a group of people responsible for the
administration and control of a Country/State. It involves people like the Heads of States,
Ministers, Government Employees, etc. It also involves public participation. So electronic
substitution for a Government is not possible.

E-Governance - What does it mean?

E-Governance can be defined as:

 Use of information and communication

 by Government to enhance the range,
 quality of information & services provided
 to the citizen in cost effective manner.

The term 'Governance' is wider than the 'Government'. Governance may be an activity of
governing/controlling a country by its Government, controlling of an organisation or a company
by its CEO or Board of Directors or controlling of a house hold by the head of the house,
Accordingly E-governance may also involve governing of a country, organisation, company or a
household, however with the help of Information and Communication Technology (ICT).

Electronic Governance refers to “the use of internet technology as a platform for exchanging
information, providing services and transacting with citizens, businesses, and other arms of
government. It is the governance by the government through procedures involving electronic
communication”.

2
http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTINFORMATIONANDCOMMUNICATIONANDTECHNOLOG
IES/EXTEGOVERNMENT/0,,contentMDK:20507153~menuPK:702592~pagePK:148956~piPK:216618~theSitePK:7025
86,00.html.

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The World Bank defines “e-governance as the use of information and communication
technologies by Government agencies to transform relations with citizens, business and other
arms of government.”3 It has also been referred to as “i-governance, as it integrates people,
processes, information and technology in the service of achieving governance objectives”.

But when we talk of E-Governance in the popular parlance4 we only refer to the governing of a
Country/State using ICT. E-governance therefore means the application of ICT to transform the
efficiency, effectiveness, transparency and accountability of exchange of information and
transaction:

1. between Governments,
2. between Government agencies,
3. between Government and Citizens
4. between Government and businesses

E-governance also aims to empower people through giving them access to information.

INDIAN PERSPECTIVE

In India, concept of e-governance has more to do with the facilitation rather than regulation.
More and more State Governments are in the process of creating a network of e-services and e-
administration. It is remarkable that initial forays are more rural centric than urban centric. The
idea is to give the very basic services using indigenous information technology. The e-
governance models that have so far emerged in India have been utility driven and community
based. They are meant to be used by a specific community residing in a municipal
area/town/tehsil or taluka (district). Success of these models are not only due to community
support but also the incorporation of user friendly technology in terms of software support of
local language/dialect as medium of interaction. Surprisingly many of these ventures have been
self-financed by Gram Panchayats (Village Councils) themselves.5

3
Web.worldBank.org.
4
http://indiaegovernance.blogspot.in/2008/03/e-governance-what-does-it-mean.html
5
http://www.sciencedirect.com/science/article/pii/S1449403505700643.

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ITS RELEVANCE TO INDIA

 Governance
 Transperancy
 People’s Participation
 Promotion of a democratic society.
 Public Services
 Efficient, cost-effective and responsive governance
 Convenient services to citizens and businesses
 Greater citizen access to public information
 Accountability in delivery of services to citizens
 Management
 Simplicity, efficiency and accountability
 Managing voluminous information and data effectively
 Information services

SCOPE OF E-GOVERNNACE

It involves information technology enabled initiatives that are used for improving:
(i) the interaction between government and citizens or government and businesses - e-services
(ii) the internal government operations - e-administration and
(iii) external interactions- e-society.
Governance is all about flow of information between the Government and Citizens, Government
and Businesses and Government and Government. E-Governance also covers all these
relationships as follows:
A. Government to Citizen (G2C)

B. Citizen to Government (C2G)

C. Government to Government (G2G)

D. Government to Business (G2B)

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A. GOVERNMENT TO CITIZEN6
Government to Citizen relationship is the most basic aspect of E-Governance. In modern times,
Government deals with many aspects of the life of a citizen. The relation of a citizen with the
Government starts with the birth and ends with the death of the citizen. A person transacts with
the Government on every corner of his life. May it be birth registration, marriage registration,
divorce or death registration. The G2C relation will include the services provided by the
Government to the Citizens. These services include the public utility services i.e.
Telecommunication, Transportation, Post, Medical facilities, Electricity, Education and also
some of the democratic services relating to the citizenship such as Certification, Registration,
Licensing, Taxation, Passports, ID Cards etc.

Therefore E-Governance in G2C relationship will involve facilitation of the services flowing
from Government towards Citizens with the use of Information and Communications
Technology (ICT).7

1. E-Citizenship - E-Citizenship will include the implementation of ICT for facilitation of

Government Services relating to citizenship of an individual. It may involve online transactions
relating to issue and renewal of documents like Ration Cards, Passports, Election Cards, Identity
Cards, etc. It will require the Government to create a virtual identity of every citizen so as to
enable them to access the Government services online. For the same, Government would need to
create a Citizen Database which is a huge task.

2. E-Registration - E-Registration will cover the online registration of various contracts. An

individual enters into several contracts during his life. Many of these contracts and transactions
require registration for giving it legality and enforceability. Such registration may also be made
ICT enabled. E-registration will help to reduce a significant amount of paperwork.
3. E-Transportation - E-Transportation services would include ICT enablement of services of
Government relating to Transport by Road, Rail, Water or Air. This may involve online –

1. booking and cancellation of tickets,

2. status of vehicles, railways, boats and flights,

6
http://www.igi-global.com/dictionary/government-to-citizen-g2c/12392.
7
https://managementmania.com/en/g2c-government-to-citizen.

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 3. issue and renewal of Driving Licences,
4. registration and renewal of vehicles,
5. transfer of vehicles,
6. payment of the fees of licences,
7. payment of fees and taxes for vehicle registration,

4. E-Health - E-Health services would be ICT enablement of the health services of the
Government. Under this interconnection of all hospitals may take place. A patient database may
be created. A local pharmacy database may also be created. All this can be done.
5. E-Education - E-Education would cover the implementation of ICT in imparting of education
and conducting of Courses. Distant as well as classroom education will be facilitated with the use
of ICT. Use of internet can reduce the communication time required in Distance education;
Internet may also help in conducting online classes.

6. E-Help - E-Help refers to facilitation of disaster and crisis management using ICT. It includes
the use of technologies like internet, SMS, etc. for the purpose of reducing the response time of
the Government agencies to the disasters. NGOs help Government in providing help in situations
of disasters. Online information relating to disasters, warnings and calls for help can help the
Government and the NGOs coordinate their work and facilitate and speed up the rescue work.
7. E-Taxation - E-Taxation will facilitate the taxing process by implementing ICT in the taxing
process. Online tax due alerts and online payment of taxes would help transact faster.

Singapore’s e-citizen Portal- A Case Study in G2C Transactions8

THROUGH SINGAPORE ’S E-CITIZEN PORTAL SINGAPOREANS ARE ABLE TO ACCESS ABOUT 1,600
E-SERVICES PERTAINING TO BUSINESS , HEALTH , EDUCATION, RECREATION , EMPLOYMENT , AND

FAMILY. OF THIS , 1,300 E-SERVICES ARE COMPLETELY TRANSACTED BY CITIZENS WITH

GOVERNMENT ONLINE . THE E -CITIZEN PORTAL IS DIVIDED INTO CATEGORIES BASED ON THE

REAL- LIFE NEEDS OF EVERY INDIVIDUAL, WITH EVERY SINGLE MINISTRY AND STATUTORY

BOARD PROVIDING E - SERVICES THROUGH THE SAME PORTAL . SINGAPOREANS THUS HAVE ONE-

STOP ACCESS TO GOVERNMENT SERVICES ; THEY ARE SPARED HAVING TO NAVIGATE THROUGH

8
https://www.ecitizen.gov.sg.

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THE BUREAUCRATIC JUNGLE. A FEW OF THE POPULAR E -SERVICES OFFERED ARE : SUBMITTING

APPLICATION FORMS FOR PURCHASE OF APARTMENTS , SEARCHING FOR SCHOOL INFORMATION ,

EMPLOYMENT SEARCH , CAREER DEVELOPMENT , AND VOTER REGISTRATION. AS OF JUNE 2002,

ABOUT 77% OF PUBLIC SERVICES DEEMED FEASIBLE FOR E -DELIVERY WERE ENABLED FOR

ONLINE DELIVERY .

B. Citizen to Government9
Citizen to Government relationship will include the communication of citizens with the
Government arising in the Democratic process like voting, campaigning, feedback, etc.

1. E-Democracy - The true concept of Democracy includes the participation of the citizens in
the democratic and governing process. Today due to the increased population the active
participation of the citizens in governing process is not possible. The ICT can help enable the
true democratic process including voting, public opinion, feedback and Government
accountability.
2. E-Feedback - E-Feedback includes the use of ICT for the purpose of giving feedback to the
Government. Lobbying is pursuing the Government to take a certain decision. Use of ICT can
enable online feedback to the Government, online debates as to the Government services.

C. Government to Government10
G2G relationship would include the relationships between Central and State Government and
also the relationship between two or more Government departments.

1. E-administration - E-administration would include the implementation of ICT in the

functioning of the Government, internally and externally. Implementation of ICT can reduce the
communication time between the Government Departments and Governments. It can
substantially reduce paperwork if properly used. E-administration will also bring morality and
transparency to the administration of Government Departments.
2. E-police - The concept of E-police is little different from Cyber-Police. Cyber Police require
technology experts to curb the electronic/cyber crimes. E-police refers to the use of ICT for the
purpose of facilitating the work of the Police department in investigation and administration. The

9
itlaw.wikia.com/wiki/Citizen-to-government.
10
https://www.ssa.gov/gso/gsowelcome.htm.

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concept of E-police includes databases of Police Officers, their performances, Criminal
databases – wanted as well as in custody, the trends in crimes and much more. ICT can help
reduce the response time of the Police department and also reduce cost by reducing paperwork.

3. E-courts - The concept of E-Court will include the ICT enablement of the judicial process.
Technology may help distant hearing, online summons and warrants and online publication of
Judgments and Decrees.
D. Government to Business
1. E-Taxation - Corporate sector pays many taxes, duties and dues to the Government. Payment
of these taxes and duties will be made easier by E-Taxation. Online taxing and online payment of
taxes can help reduce cost and time required for physical submission of taxes. ICT can also help
crosscheck the frauds and deficiencies in payment, further bringing accuracy and revenue to the
Government.
2. E-Licencing - Companies have to acquire various licences from the Government, similarly the
companies have to acquire various registrations. ICT enablement of the licensing and registration
can reduce time and cost.

3. E-Tendering - E-Tendering will include the facilities of online tendering and procurement. It
will online alerts as to new opportunities of business with the Government and also online
submission of tenders and online allotment of work. It will reduce time and cost involved in the
physical tendering system.

Object of E-Governance
The object of E-Governance is to provide a SMARRT Government. The Acronym SMART
refers to Simple, Moral, Accountable, Responsive, Responsible and Transparent Government.
S - The use of ICT brings simplicity in governance through electronic documentation, online
submission, online service delivery, etc.

M - It brings Morality to governance as immoralities like bribing, red-tapism, etc. are eliminated.

A - It makes the Government accountable as all the data and information of Government is
available online for consideration of every citizen, the NGOs and the media.

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R - Due to reduced paperwork and increased communication speeds and decreased
communication time, the Government agencies become responsive.

R - Technology can help convert an irresponsible Government Responsible. Increased access to

information makes more informed citizens. And these empowered citizens make a responsible
Government.

T - With increased morality, online availability of information and reduced red-tapism the
process of governance becomes transparent leaving no room for the Government to conceal any
information from the citizens.

These objects of E-Governance are achievable with the use of ICT and therefore the concept is
very alluring and desirable.

Advantages of E-Governance11
Following are the advantages of E-Governance:

1. Speed – Technology makes communication speedier. Internet, Phones, Cell Phones have
reduced the time taken in normal communication.

2. Cost Reduction – Most of the Government expenditure is appropriated towards the cost of
stationary. Paper-based communication needs lots of stationary, printers, computers, etc. which
calls for continuous heavy expenditure. Internet and Phones makes communication cheaper
saving valuable money for the Government.

3. Transparency – Use of ICT makes governing profess transparent. All the information of the
Government would be made available on the internet. The citizens can see the information
whenever they want to see. But this is only possible when every piece of information of the
Government is uploaded on the internet and is available for the public to peruse. Current
governing process leaves many ways to conceal the information from all the people. ICT helps
make the information available online eliminating all the possibilities of concealing of
information.

11
http://indiaegovernance.blogspot.in/2008/03/advantages-of-e-governance.html.

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4. Accountability – Once the governing process is made transparent the Government is
automatically made accountable. Accountability is answerability of the Government to the
people. It is the answerability for the deeds of the Government. An accountable Government is a
responsible Government.

Objectives of E-Governance12
Following are the objectives/aims of E-Governance:

1. To build an informed society – An informed society is an empowered society. Only

informed people can make a Government responsible. So providing access to all to every
piece of information of the Government and of public importance is one of the basic
objective of E-Governance
2. To increase Government and Citizen interaction - In the physical world, the
Government and Citizens hardly interact. The amount of feedback from and to the
citizens is very negligible. E-Governance aims at build a feedback framework, to get
feedback from the people and to make the Government aware of people's problems.
3. To encourage citizen participation - True democracy requires participation of each
individual citizen. Increased population has led to representative democracy, which is not
democracy in the true sense. E-governance aims to restore democracy to its true meaning
by improving citizen participation in the Governing process, by improving the feedback,
access to information and overall participation of the citizens in the decision making.
4. To bring transparency in the governing process - E-governance carries an objective to
make the Governing process transparent by making all the Government data and
information available to the people for access. It is to make people know the decisions,
and policies of the Government
5. To make the Government accountable - Government is responsible and answerable for
every act decision taken by it. E-Governance aims and will help make the Government
more accountable than now by bringing transparency's and making the citizens more
informed.
6. To reduce the cost of Governance - E-Governance also aims to reduce cost of
governance by cutting down on expenditure on physical delivery of information and
12
www.slideshare.net/adkpcte/e-governance-5065824.

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 services. It aims to do this by cutting down on stationary, which amounts to the most of
the government's expenditure. It also does away with the physical communication
thereby reducing the time required for communication while reducing cost.

7. To reduce the reaction time of the Government – Normally due to red-tapism and
other reasons, the Government takes long to reply to people's queries and problems. E-
Governance aims to reduce the reaction time of the Government to the people's queries
and problems, because problems are basically Government's problems as Government is
for the people.

E-governance under Information Technology Act, 200013

IT Act, 2000 provides for electronic governance under section 6 to section 10. These sections
are as follows:

Section 4 of the IT Act deals with the “legal recognition of the electronic record”.

“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-
 Rendered or made available in an electronic form; and
 Accessible so as to be usable for a subsequent reference”.
Section 4 of the Act, therefore, consists of the following ingredients: Act has made electronic
form as functional equivalent of writing that includes creating, sending and receiving any
information in the computer system.

The section has made electronic form as a functional equivalent of writing or typewritten or
printed form. The electronic form as per [S. 2(1)(r)] of the Act means any Information
generated, sent, received or stored in media, magnetic, optical, computer memory, micro film,
computer generated micro fiche or similar device.

Illustration : Sheena sends an e-mail to Prem on 7th Nov., 2008, giving her details of certain
office procedures which must be satisfied. According to the legal provisions, the information

13
http://www.legalserviceindia.com/article/l143-Role-of-Law-in-E-governance.html.

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could be accepted, either in printed form, or through a typewriter. Since sheena is sending the
details through e-mail, according to section 4 of the Act, information will be acceptable by e-
mail.
Section 5 of the Act deals with the legal recognition of the digital signatures. It runs as
follows:
“Where any law provides that information or any other matter shall be authenticated by affixing
the signature or any document shall 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”.
Section 5 consists of the following ingredients:
 Act has made digital signatures as functional equivalent of “handwritten signature”.
 Information must be authenticated by the digital signature as per the Central Government
rules.

It is important to note that electronic signatures are subscriber [S. 2(1)zg] specific. One has to be
a subscribe to authenticate an electronic record. Act does not provide a non-subscribe such a
facility. A non-subscribe has no legal right to authenticate an electronic record. Moreover, the S.
3(1) expresses possibility when it states that any subscriber may authenticate an electronic record
by affixing his electronic signature. It is left to the subscriber to decide whether to authenticate
an electronic record by affixing his electronic signature.
As per the Information Technology (Certifying Authorities) Rules, 2000 a subscriber may be an
individual (irrespective of nationality)/ Hindu undivided Family applicant (Karta), Company /
Firm/ Body of Individuals/ Association of Persons/ Local Authority, or Government
Organizations / Agencies [Schedule IV- Rule 23]. It is obligatory to note that at present the
Certifying Authority Rules & Regulations framed under the Information Technology Act, 2000
are specific to digital signatures only. It is expected that in due course specific Rules &
Regulations specific to electronic signatures would be framed.

Illustration : Rishit sends an office document to Devansh on 15th Dec by affixing a digital
signature on it in order to authenticate the document as required under the law. As per section 5

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of the Act, Rishit has to authenticate the document to make it legally sound. Digital signatures
are functional equivalent of handwritten signatures by law.
Section 6 of the Act deals with the use of electronic record and digital signature in
Government and its agencies
(1) “Where any law provides for-
 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;

 The issue or grant of any license, permit, sanction or approval by whatever name called
in a particular manner;

 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.”
The sweep of sub-section (1) is very broad. It calls for decentralization of e-governance, as it
grants legal mandate to appropriate Government. It identifies use of electronic records and
electronic signatures (including digital signatures) in the filing of any form, application or any
other document with any office, authority, body or agency owned or controlled by the
appropriate Government, the issue or grant of any licence, permit, sanction or approval, the
receipt or payment of money effected by means of electronic form.
The aforesaid provision is meant for all governmental practices and functions. The approach is to
implement e-governance at every level of ’government to citizen’ as well as ‘government to
business' interactions.
(2)”The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe-
 The manner and format in which such electronic records shall be filed, created or issued;

 The manner or method of payment of any fee or charges for filing, creation or issue any
electronic record under clause”

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If sub-section (1) creates an effective e-governance model, then sub-section (2) subjects the said
model to the rules prescribed by the appropriate Government in terms of the manner and format
in which such electronic records shall be filed, created or issued.
Illustration : Rachna is working in a Government organization for the last 10 years. She wants
to renew her bank particulars. She has to apply in the particular format for that purpose and if
required, has to pay a fee as specified for it.
Section 6A deals with Delivery of Services by service provider.
(1) The appropriate Government may, for the purposes of this Chapter and for efficient delivery
of services to the public through electronic means authorize, by order, any service provider to set
up, maintain and upgrade the computerized 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 authorized 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.
The aforesaid sub-section (1) provides for private participation in delivery of e-government
services. It gives a legal mandate to Public Private Partnership (PPP) concept1 to provide
efficient delivery of services using electronic means and further such service providers to set up,
maintain and upgrade the computerized facilities in e-govemment domain.
The Explanation attached to the aforesaid sub-section (1) identifies such
e-government service providers, including any such authorized individual, private agency,
private company, partnership firm. sole proprietor form 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.
ln fact, by introducing such a section the lawmakers have tried to create a
friendly e-government environment in India. lt has also recognized that the appropriate
Government(s) is ready to share their governance burden with private entrepreneurs. Moreover,
it is an admission that the Government(s) is becoming open in seeking technology
solutions/applications for better and efficient government.
(2) The appropriate Government may also authorize any service provider authorized under sub-
section (1) to collect, retain and appropriate such service charges, as may be prescribed by the

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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 authorize the
service providers to collect, retain an 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 an 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.
The e-government service provider is not only a technology solution provider but is also
managing the technology solutions by providing point-of-contact to the users. In other words, the
appropriate Govemment(s) by providing BOO and BOOT models of participation is also
authorizing such service providers to collect and retain appropriate e-service charges.
The aforesaid sub-sections (2) and (3) have paved the way for e-government service providers to
collect and retain appropriate e-service charges from the persons availing such services. It has
legalized the fees charged by the Customer Service Centers (CSCs) operated and managed by
private entrepreneurs. The necessity of this arose from the successful implementation of MCA-
21 model, wherein the private vendor (TCS) started operating CSCs to manage use of digital
signatures for filing of statutory documents online.
It is obligatory to note that every e-government service providers need a due authorization to: (a)
function as efigovernment service provider (for a time period, as decided by the appropriate
Government) , (b) provide prescribed services only, and (c) collect and retain such appropriate e-
service charges (or scale of service charges thereof) as prescribed.
Section 7 of the Act deals with the retention of electronic records
The following conditions are laid down under the Act for the same. These are explained below:
“If, by Law, any information is to be retained for any specific period then such information must
be accessible for subsequent reference. Information must be in a format in which it was
originally generated. The details related to the information showing its identification must also
be retained, such as origin, date and time of the dispatch or receipt of electronic record. Non-

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compliance of any aforesaid conditions may render the electronic record inadmissible in the
court of law. Any information, generated automatically solely for the purpose of enabling an
electronic record to be dispatched or received, is non applicable under Section 7. 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”.
The aforesaid section lays down the following conditions for retention of electronic records:
(a) accessibility so as to be usable for a subsequent reference;
(b) retention 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
despatch or receipt of such electronic record.
The statutory conditions for retention of electronic records are quite stringent. Mere possession
of the electronic record is not sufficient; one has to adopt a procedure for retention of electronic
records that fulfills all the aforesaid conditions. Non-compliance of any aforesaid condition may
render the electronic record inadmissible in the court of law. Here, another important element
that has to be taken into consideration is that any information, which is automatically generated
solely for the purpose of enabling an electronic record to be despatched or received, is
non~applicable for the purpose of retention of electronic records.
The aforesaid section brings enormous responsibility especially on the Government and its
agencies to be careful in fulfilling the conditions laid down for retention of electronic records.
One must not forget for effective e-governance, proper retention of electronic records plays a
very important role.

Section 7A deals with the Audit of Documents, etc., maintained in Electronic form.

“Where in any law for the time being in force, there is a provision for audit of documents,
records or information, that provision shall also be applicable for audit of documents, records or
information processed and maintained in electronic form. The aforesaid section is again one
more step towards creating ’functional equivalence'. It articulates that electronic records must
also be audited. With increasing digitization, more and more records are being kept in electronic
databases (electronic form), hence the need of the hour is to audit such electronic records or

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electronic databases. What would be the audit period or duration? – it would be as per the law for
the time being in force for that specific area / subject matter. For example, if under the Income-
tax Act, 1961, law requires audit of documents, records or information on annual/ send-annual or
quarterly basis, the same audit period or duration would have to be followed by the assessee, if
he is processing and maintaining records in electronic form.
It would thus be prudent that every department/organization or company or individual has to
formulate a detailed policy on retention and purging of electronic records.

Section 8 of the Act deals with the Publication of rule, regulation, 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”.

The aforesaid section provides a useful example of functional equivalent approach as it considers
the Official Gazette at par with Electronic Gazette. From the functional point of view this
provision has immense irnportance as it makes available rule, regulation, order, bye-law,
notification in electronic form to any person.
The lawmakers have equated the Electronic Gazette at par with the Official Gazette. The proviso
further provides that the date of publication shall be deemed to be the date of the Gazette, which
was first published in any form.
Incidentally, the Act is silent about the identity of the publisher of the Electronic Gazette. Is it
also the responsibility of the Department of Publication, Government of India Press, publisher of
the Official Gazette? In fact, in the last many years, most of the departments have started
publishing their own set of Rules, Regulations & Notifications directly on their respective
websites. This must be considered as a true spirit of e-governance, i.e., decentralization.
Section 9 clarifies that section 6,7, and 8 do not confer right to insist documents should
be accepted in electronic form.

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“Sections 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.”

The aforesaid section grants limited e-governance rights as it does not confer a right upon any
person to insist that any Ministry or Department of the Central or State Government (or any
authority or body) to accept, issue, create, retain or preserve any document in the form of
electronic records or to participate in any monetary transaction in the electronic form.
Considering the fact that the Government and its agencies are still in the process of
implementing information technology processes, the aforesaid section provides them a breather.
Also, it should be appreciated that a migration from paper to paperless, world, i.e., written
documents to electronic record, signatures to digital signatures (and now electronic signatures) is
a time consuming process.
Thus the onus is on the department/ institution - whether to follow sections 4 to 8 of the Act?
That is, whether to opt out or opt in? It is imperative that the department/ institution must assess
its IT strengths and weaknesses and decide accordingly.

Section 10 of the Act deals with the Power of the Central Government to make rules in
respect of digital signature

“The rules made by the Central Government in respect of digital signature are related to the type
of digital signature, the manner and format in which the digital signature will be affixed by the
subscriber an at the same time, it will also identify the person affixing it”.

INITIATIVE TILL DATE

 Customs and Excise (Government of India)

 Indian Railways (Government of India)
 Postal Department (Government of India)
 Passport / Visa (Government of India)
 CARD – Registration Project (State Government of Andhra Pradesh)

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  LOKMITRA (State Government of Himachal Pradesh)

CONCLUSION
It should not be forgotten that there exists an inherent dichotomy between the system of
governance and technology (web). On one hand the govemment system is regulated, hierarchical
and static, whereas on the other technology is creative, non- hierarchical and dynamic. The
question is how to collate the system of governance with technology.
"E-governance, however, is not really the use of IT in governance but as a tool to ensure good
governance. e-governance does not mean proliferation of computers and accessories; it is basically a
political decision which calls for discipline, attitudinal change in officers and employees, and massive
government process re-engineering," - Ravi Kant (Special Secretary, IT, Govt. of West Bengal)

"It's important to educate people at all levels about the benefits of technology. The various
benefits and advantages of e-enabling the system should be communicated clearly right at the
beginning to ensure popular support which will lead to greater chances of success,"
- Dr G D Gautama, Secretary, IT, Government of West Bengal

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 BIBLIOGRAPHY

1. Rodney Ryder, “'Guide to Cyber Laws”, Wadhwa Nagpur, 2nd Edition, 2003

2. Vakul Sharma, “Information Technology: Law and Practice”, Universal Law Publishers,

2nd edition, 2007.

3. Vakul Sharma, “Handbook of Cyberlaws”, Universal Law Publication, Reprint Edtion

2010

4. http://www.it.iitb.ac.in/~prathabk/egovernance/challenges.html,Bare Act of Information

Technology Act, 2000

5. http://www.karnikaseth.com/electronic-governance-under-information-technology-

act2000.html

6. http://www.legalserviceindia.com/article/l143-Role-of-Law-in-E-governance.html

7. Rodney Ryder, Guide to Cyber Laws, Wadhwa Nagpur, 2nd Edition, 2003

8. Vakul Sharma, Information Technology: Law and Practice, Universal Law Publishers,

2nd edition, 2007

9. Vakul Sharma, Handbook of Cyberlaws, Universal Law Publication, Reprint Edtion

2010

10. http://www.ita.gov.om/ITAPortal/Info/FAQ_eGovernmen.aspx

11. http://www.igi-global.com/dictionary/government-to-citizen-g2c/12392

12. https://managementmania.com/en/g2c-government-to-citizen

13. http://indiaegovernance.blogspot.in/2008/03/e-governance-what-does-it-mean.html

14. http://www.sciencedirect.com/science/article/pii/S1449403505700643

15. http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTINFORMATIONANDC0

2592~pagePK:148956~piPK:216618~theSitePK:702586,00.html

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16. https://en.wikibooks.org/wiki/E-government/Definition

17. http://india.gov.in/e-governance

18. https://en.wikipedia.org/wiki/E-governance

19. http://www.ita.gov.om/ITAPortal/Info/FAQ_eGovernmen.aspx

20. http://www.ita.gov.om/ITAPortal/Info/FAQ_eGovernmen.aspx.

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