Electronic Records in Government: Sections 6 to 9

In one line

Five sections let a Government file, issue, be paid, retain, audit and publish electronically, and the fifth says nobody can make it do any of them.

In the wording a student can write in an exam: section 6 of the Information Technology Act, 2000 deems satisfied a requirement that a form or document be filed, that a licence, permit, sanction or approval be issued or granted, or that money be received or paid in a particular manner, if it is effected in such electronic form as the appropriate Government prescribes; section 7 deems satisfied a requirement of retention on three conditions; section 7A applies existing audit provisions to electronic records; section 8 permits publication in the Electronic Gazette; and section 9 provides that sections 6, 7 and 8 confer no right to insist that a Government body deal electronically.

Section 6: the enabling provision

Section 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."

Four features.

Three activities, covering both directions. Clause (a) is the citizen filing something with the Government. Clause (b) is the Government issuing something to the citizen, and the words "by whatever name called" close the argument about what a permit or sanction is. Clause (c) is money, in either direction.

"In a particular manner" is the requirement being displaced. Section 6 is not about writing or signature; it is about the manner a law prescribes, which is where forms, duplicates, attestations and counters live.

A non obstante clause directed at any other law for the time being in force.

The condition is a prescribed electronic form. Not any electronic form: such electronic form as may be prescribed by the appropriate Government. So section 6 does nothing at all until the appropriate Government prescribes, which is what section 6(2) empowers.

Section 6(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)."