THE GAZETTE OF INDIA EXTRAORDINARY
[Parr I—
(3) The Central Government may prescribe the procedure for the purpose of
ascertaining whether electronic signature is that of the person by whom it is purported
to have been affixed or authenticated.
(4) The Central Government may, by notification in the Official Gazette, add to or
omit any electronic signature or electronic authentication technique and the procedure
for affixing such signature from the Second Schedule:
Provided that no electronic signature or authentication technique shall be
specified in the Second Schedule unless such signature or technique is reliable,
(5) Every notification issued under sub-section (4) shall be laid before each
House of Parliament.”.
Insertion of
new section
7. After section 6 of the principal Act, the following section shall be inserted, namely:—
6A.
Delivery of
services by
service
provider.
'6A. (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 (/) 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
ee 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.'.
Insertion of
new section
8. After section 7 of the principal Act, the following section shall be inserted, namely:—
TA.
Audit of
documents,
ete.,
maintained in
“7A. 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 maintanined in the electronic form.”.
\
electronic
form.
Insertion of
new section
10A.
Validity of
contracts
formed
through
electronic
means.
9, After section 10 of the principal Act, the following section shall be inserted,
namely:—
“10A. Where
in a contract formation, the communication of proposals, the
acceptance of proposals, the revocation of proposals and acceptances, as the case
may be, are expressed in electronic form or by means of an electronic record, such *
contract shall not be deemed to be unenforceable solely on the ground that such
electronic form or means was used for that purpose.”.