Section 8 IT Act: Publication of rule, regulation, etc., in Electronic Gazette

Information Technology Act, 2000

Section 8 IT Act at a Glance

Under Section 8 IT Act, a legal requirement to publish a rule, regulation, order, bye-law, notification, or other matter in the Official Gazette is met by Electronic Gazette publication. The first Gazette published sets the publication date.

Section 8 IT Act Bare Act Text

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.

Section 8 IT Act in Simple Words

Section 8 IT Act gives legal effect to publication in the Electronic Gazette wherever another law requires publication in the Official Gazette. When any law states that a rule, regulation, order, bye-law, notification, or any other matter must be published in the Official Gazette, the law deems (treats) that requirement as satisfied if the item is published in either the Official Gazette or the Electronic Gazette.

A proviso (a qualifying rule attached to the main rule) in Section 8 IT Act settles the date of publication. Where a rule, regulation, order, bye-law, notification, or other matter is published in the Official Gazette or the Electronic Gazette, the date of publication is deemed to be the date of whichever Gazette was first published in any form. If the same matter appears in both Gazettes on different dates, the earlier Gazette's publication date counts as the legal date of publication. Under Section 9 IT Act, however, nothing in Section 8 IT Act gives any person a right to insist that a Central or State Government Ministry or Department, or a statutory or government-controlled or government-funded authority or body, deal with documents as electronic records or carry out monetary transactions in electronic form.

When Section 8 IT Act Applies

  • A law requires a rule, regulation, order, bye-law, notification, or any other matter to be published in the Official Gazette.
  • The rule, regulation, order, bye-law, notification, or other matter is published in the Official Gazette or in the Electronic Gazette, which satisfies that requirement.
  • Under the proviso to Section 8 IT Act, the date of publication is deemed to be the date of the Gazette that was first published in any form.

Example of Section 8 IT Act

A State law requires a municipal notification in Bareilly to be published in the Official Gazette. The department publishes the notification in the Electronic Gazette on 5 May and in the Official Gazette on 9 May. Anthony, a shopkeeper in Bareilly affected by the notification, checks whether the publication requirement was met and which date counts. Under Section 8 IT Act, publishing the notification in the Electronic Gazette satisfies the requirement of publication in the Official Gazette. Under the proviso to Section 8 IT Act, 5 May counts as the legal date of publication because that Gazette was first published.

FAQs on Section 8 IT Act

What is Section 8 IT Act?▼

Section 8 IT Act states that where any law requires a rule, regulation, order, bye-law, notification, or other matter to be published in the Official Gazette, publishing it in the Official Gazette or the Electronic Gazette satisfies that requirement. A proviso adds that the date of publication is treated as the date of whichever Gazette was first published in any form.

Does publishing a notification in the Electronic Gazette satisfy a law requiring Official Gazette publication under Section 8 IT Act?▼

Yes. Under Section 8 IT Act, any legal requirement to publish a rule, regulation, order, bye-law, notification, or other matter in the Official Gazette counts as satisfied if it is published in the Official Gazette or the Electronic Gazette.

Which date counts as the publication date under Section 8 IT Act if a notification appears in two Gazettes on different dates?▼

The earlier Gazette's date. Under the proviso to Section 8 IT Act, the date of publication is deemed to be the date of the Gazette that was first published in any form.

Does Section 8 IT Act give a citizen the right to demand that a government department issue documents in electronic form?▼

No. Under Section 9 IT Act, nothing in Section 8 IT Act confers a right on any person to insist that a government Ministry, Department, or covered authority or body accept, issue, create, retain, and preserve documents as electronic records.

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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 ·