Section 6 IT Act: Use of electronic records and electronic signatures in Government and its agencies

Information Technology Act, 2000

Section 6 IT Act at a Glance

Section 6 IT Act treats legal requirements for filing documents, granting licences, or receiving or paying money as satisfied when done in the electronic form prescribed by the appropriate Government. The appropriate Government may frame rules on formats and fee payments.

Section 6 IT Act Bare Act Text

6. Use of electronic records and electronic signatures in Government and its agencies.
(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.
(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).

Amendments to this section

Subs. by Act 10 of 2009, s. 2, for "digital signatures" (w.e.f. 27-10-2009).

Section 6 IT Act in Simple Words

Section 6 IT Act gives legal validity to electronic filing, electronic licensing and electronic payments in dealings with Government offices and agencies. Section 5 IT Act recognises electronic signatures. Act 10 of 2009 substituted "electronic signatures" for "digital signatures" in the heading of Section 6 IT Act with effect from 27 October 2009.

Section 6(1) IT Act covers three situations where another law requires something to be done in a particular manner. First, under Section 6(1)(a) IT Act, a law provides for filing a form, application or other document with any office, authority, body or agency owned or controlled by the appropriate Government. Second, under Section 6(1)(b) IT Act, a law provides for issuing or granting a licence, permit, sanction or approval, regardless of the name given to it. Third, under Section 6(1)(c) IT Act, a law provides for receiving or paying money. Even if another law currently in force requires a different method, the legal requirement is deemed satisfied, meaning the law treats it as fulfilled, once the filing, issue, grant, receipt or payment is carried out in the electronic form prescribed by the appropriate Government.

Section 6(2) IT Act gives the appropriate Government the power, though not a duty, to make rules for carrying out Section 6(1) IT Act. Under Section 6(2)(a) IT Act, those rules may prescribe the manner and format in which such electronic records must be filed, created or issued. Under Section 6(2)(b) IT Act, the rules may also prescribe the manner or method of paying any fee or charges for filing, creating or issuing any electronic record covered by Section 6(2)(a) IT Act.

When Section 6 IT Act Applies

A law provides for filing a form, application or document with an office, authority, body or agency owned or controlled by the appropriate Government in a particular manner, or for issuing or granting a licence, permit, sanction or approval in a particular manner, or for receiving or paying money in a particular manner.
The filing, issue, grant, receipt or payment is carried out through the electronic form prescribed by the appropriate Government.
Once completed in that prescribed electronic form, the requirement is treated as satisfied despite anything contained in any other law currently in force.
The appropriate Government may make rules prescribing the manner and format of those electronic records and the manner or method of paying fees or charges for them.

Example of Section 6 IT Act

Revathi runs a bakery in Haldwani and applies for a municipal trade licence required under a state law that specifies a paper application and a cash counter fee. The State Government has prescribed an online portal and electronic payment method by rules made under Section 6(2) IT Act. Revathi submits the application form and pays the licence fee online in that prescribed electronic form to the municipal authority controlled by the State Government, and the authority issues the trade licence electronically. Under Section 6(1) IT Act, the filing of the form, the payment of the fee and the grant of the licence satisfy the state law despite its paper requirement.

FAQs on Section 6 IT Act

What is Section 6 IT Act?▼

Section 6 IT Act recognises electronic filing of documents, electronic grant of licences or approvals, and electronic receipt or payment of money in dealings with Government offices and agencies when done in the prescribed electronic form. It also empowers the appropriate Government to make rules fixing the format of those electronic records and the method of paying fees or charges.

Does Section 6 IT Act apply even when another law requires a physical paper form?▼

Yes. Section 6(1) IT Act operates despite anything contained in any other law currently in force, so completing the filing, licence grant, receipt or payment in the electronic form prescribed by the appropriate Government satisfies the legal requirement.

Is the appropriate Government required to frame rules under Section 6(2) IT Act?▼

No. Section 6(2) IT Act uses the word 'may', which gives the appropriate Government permission to prescribe formats and payment methods by rules without making rule-making compulsory.

Which approvals are covered under Section 6(1)(b) IT Act?▼

Any licence, permit, sanction or approval, regardless of the name given to it by the underlying law. When issued or granted in the electronic form prescribed by the appropriate Government, the legal requirement for its manner of issue or grant is treated as satisfied.

What can the rules under Section 6(2) IT Act cover?▼

Two matters. Under Section 6(2)(a) and Section 6(2)(b) IT Act, the rules may prescribe the manner and format for filing, creating or issuing electronic records, and the manner or method of paying any fee or charges for doing so.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·