Section 6A IT Act: Delivery of services by service provider
Information Technology Act, 2000
Section 6A IT Act at a Glance
Section 6A IT Act lets the appropriate Government authorise service providers to run computerised facilities and deliver electronic services to the public. It may also authorise them to collect, retain and appropriate service charges notified in the Official Gazette.
Section 6A IT Act Bare Act Text
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 sub-section (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.
Amendments to this section
- Ins. by Act 10 of 2009, s. 7 (w.e.f. 27-10-2009).
Section 6A IT Act in Simple Words
Section 6A IT Act allows the appropriate Government to engage authorised service providers to deliver public services electronically and to charge notified fees for those services. Act 10 of 2009 inserted Section 6A IT Act with effect from 27 October 2009. Under Section 6A(1) IT Act, for the purposes of Chapter III IT Act (Electronic Governance) and efficient electronic delivery of public services, the appropriate Government may by order authorise any service provider to set up, maintain and upgrade computerised facilities, and to perform other services specified by notification in the Official Gazette, the Government's official publication for legal notices.
The Explanation to Section 6A(1) IT Act clarifies who counts as an authorised service provider under Section 6A IT Act. The term includes any individual, private agency, private company, partnership firm, sole proprietor firm, or any other body or agency that the appropriate Government has permitted to offer electronic services in accordance with the policy governing that service sector.
Under Section 6A(2) IT Act, the appropriate Government may also authorise a service provider authorised under Section 6A(1) IT Act to collect, retain and appropriate prescribed service charges from the person availing the service, meaning the provider can collect the fee, keep it and apply it as permitted. Under Section 6A(3) IT Act, subject to Section 6A(2) IT Act, the appropriate Government may grant this fee authority even when the Act, rule, regulation or notification under which the underlying service is provided contains no express provision allowing service providers to collect, retain and appropriate electronic service charges.
While authorising a service provider is optional, Section 6A(4) IT Act makes publication of the fee scale mandatory once charges apply: the appropriate Government must specify, by notification in the Official Gazette, the scale of service charges that service providers may charge and collect under Section 6A IT Act. Under the proviso to Section 6A(4) IT Act, the appropriate Government may specify different scales of service charges for different types of services.
When Section 6A IT Act Applies
- The appropriate Government issues an order under Section 6A(1) IT Act authorising a service provider (which may be an individual, firm, private company, private agency or other permitted body) to set up, maintain and upgrade computerised facilities and perform services notified in the Official Gazette.
- To charge users, the service provider must also be authorised by the appropriate Government under Section 6A(2) IT Act to collect, retain and appropriate prescribed service charges from persons availing the service.
- Under Section 6A(3) IT Act, this authorisation can be given even if the Act, rule, regulation or notification governing the underlying service has no express provision on electronic service charges.
- Under Section 6A(4) IT Act, the appropriate Government must notify the scale of service charges in the Official Gazette, and may set different scales for different types of services.
Example of Section 6A IT Act
FAQs on Section 6A IT Act
What is Section 6A IT Act?▼
Section 6A IT Act empowers the appropriate Government to authorise service providers to set up computerised facilities and deliver electronic services to the public. It also allows the appropriate Government to let those providers collect, retain and appropriate prescribed service charges at scales notified in the Official Gazette.
Can a private company or an individual be authorised as a service provider under Section 6A IT Act?▼
Yes. Under the Explanation to Section 6A(1) IT Act, an authorised service provider includes an individual, private agency, private company, partnership firm, sole proprietor firm, or any other body or agency permitted by the appropriate Government in accordance with the policy for that service sector.
Can a service provider charge electronic service fees when the law governing the service is silent on them?▼
Yes. Under Section 6A(3) IT Act, subject to Section 6A(2) IT Act, the appropriate Government may authorise service providers to collect, retain and appropriate service charges even if the parent Act, rule, regulation or notification has no express provision for electronic service charges.
How are the rates of service charges fixed under Section 6A IT Act?▼
By notification in the Official Gazette. Under Section 6A(4) IT Act and its proviso, the appropriate Government must notify the scale of service charges in the Official Gazette and may fix different scales for different types of services.
Does an order under Section 6A(1) IT Act automatically allow a service provider to collect fees from the public?▼
No. Section 6A(2) IT Act provides for a separate authorisation from the appropriate Government allowing an authorised service provider to collect, retain and appropriate prescribed service charges, and Section 6A(4) IT Act requires the scale of charges to be notified in the Official Gazette.
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Sources: Bare Act Text, Information Technology Act, 2000 ·