Category Archives: Chapter 3: Electronic Governance

10 A. Validity of contracts formed through electronic means

Section 10 A. Validity of contracts formed through electronic means

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.

Summary

This section gives sanctity to Electronic Contracts, which were transacted in the electronic form, which would be normally valid if not done electronically.

10. Power to make rules by Central Government in respect of electronic signature

10. Power to make rules by Central Government in respect of electronic signature

The Central Government may, for the purposes of this Act, by rules, prescribe

(a) the type of electronic signature;

(b) the manner and format in which the digital signature shall be affixed;

(c) the manner or procedure, which facilitates identification of the person affixing the electronic signature

(d) control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and

(e) any other matter which is necessary to give legal effect to electronic signatures

9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic 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 accept, issue, create, retain, preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

8. Publication of rule, regulation, etc., in Electronic Gazette

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, bye-law, notifications 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 that Official Gazette which was first published in any form.

Summary

The eGazette for India is located at: http://www.egazette.nic.in/

7A. Audit of documents etc., maintained in electronic form

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.