Section 9 IT Act: Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form

Information Technology Act, 2000

Section 9 IT Act at a Glance

Section 9 IT Act states that Sections 6, 7, and 8 give no person a right to insist on electronic records or electronic money transactions with government bodies. It covers Central and State Ministries, Departments, and statutory, controlled, or funded bodies.

Section 9 IT Act Bare Act Text

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 and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

Section 9 IT Act in Simple Words

Section 9 IT Act limits the effect of Sections 6, 7, and 8 IT Act so that no person can use those three provisions to force government offices or public bodies to work in electronic form. Sections 6, 7, and 8 IT Act enable electronic governance: Section 6 IT Act covers filing documents, issuing licences, permits, sanctions, or approvals, and receiving or paying money in the electronic form prescribed by the appropriate Government; Section 7 IT Act covers retaining documents, records, or information in electronic form; and Section 8 IT Act covers publishing rules, orders, notifications, and other matters in the Electronic Gazette.

Even though Sections 6, 7, and 8 IT Act validate electronic records (a term defined in Section 2 IT Act) and electronic publication, Section 9 IT Act states that nothing in those sections confers (grants) a legal right on any person to insist on electronic dealing. This protection applies to every Ministry or Department of the Central Government or a State Government, to every authority or body established by or under any law, and to every authority or body controlled or funded by the Central Government or a State Government.

Specifically, no person can rely on Sections 6, 7, or 8 IT Act to insist that any of those Ministries, Departments, authorities, or bodies accept, issue, create, retain, and preserve any document in the form of electronic records. Likewise, no person can rely on those sections to insist that such an office or body effect (carry out) any monetary transaction in electronic form.

When Section 9 IT Act Applies

  • A person relies on Section 6, Section 7, or Section 8 IT Act.
  • The demand is made to a Central or State Government Ministry or Department, an authority or body established by or under any law, or an authority or body controlled or funded by the Central or State Government.
  • Sections 6, 7, and 8 IT Act confer no right to insist that the office or body accept, issue, create, retain, and preserve any document as electronic records.
  • Sections 6, 7, and 8 IT Act confer no right to insist that the office or body carry out any monetary transaction in electronic form.

Example of Section 9 IT Act

Hema applies to a State Government department in Chandigarh for a trade licence and visits the office counter. The department has not prescribed electronic filing or electronic fee payment for that licence and asks for a paper application and a demand draft. Hema points to Section 6 IT Act and insists that the department accept the application as an electronic record and take the โ‚น2,000 fee in electronic form. Under Section 9 IT Act, nothing in Sections 6, 7, and 8 IT Act gives Hema a right to insist that the State Government department accept documents as electronic records or carry out the monetary transaction electronically.

FAQs on Section 9 IT Act

What is Section 9 IT Act?โ–ผ

Section 9 IT Act provides that nothing in Sections 6, 7, and 8 IT Act gives any person a right to insist that a government Ministry, Department, or covered authority or body deal with documents as electronic records. It also bars using those sections to insist that such an office or body carry out any monetary transaction in electronic form.

Can a citizen use Section 6 IT Act to force a government department to accept an application electronically?โ–ผ

No. Under Section 9 IT Act, nothing in Sections 6, 7, and 8 IT Act confers a right on any person to insist that a Central or State Government Ministry or Department accept any document in the form of electronic records.

Which bodies and offices are covered by Section 9 IT Act?โ–ผ

Central and State Ministries, Departments, and covered public bodies. Section 9 IT Act covers every Ministry or Department of the Central or State Government, every authority or body established by or under any law, and every authority or body controlled or funded by the Central or State Government.

Does Section 9 IT Act also cover electronic fee payments and other money transactions?โ–ผ

Yes. Under Section 9 IT Act, Sections 6, 7, and 8 IT Act give no person a right to insist that a covered government office, authority, or body carry out any monetary transaction in electronic form.

Have questions about Section 9 IT Act?

Ask NyayGuru about your situation and get an answer based on the Information Technology Act, 2000.

Ask NyayGuru โ†’

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

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