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[6A. 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
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 subsection (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.]
7. Retention of electronic records.–(1) Where any law provides that documents, records or
information shall be retained for any specific period, then, that requirement shall be deemed to have been
satisfied if such documents, records or information are retained in the electronic form, if–
(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) the details which will facilitate the identification of the origin, destination, date and time of
despatch or receipt of such electronic record are available in the electronic record:
Provided that this clause does not apply to any information which is automatically generated
solely for the purpose of enabling an electronic record to be despatched or received.
(2) 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.
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[7A. 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 the electronic
form.]
8. 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, by-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.
9. 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
1. Ins. by Act 10 of 2009 s. 7 (w.e.f. 27-10-2009).
2. Ins. by s. 8, ibid. (w.e.f. 27-10-2009).
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