Section 90 IT Act: Power of State Government to make rules

Information Technology Act, 2000

Section 90 IT Act at a Glance

Section 90 IT Act empowers a State Government to make Official Gazette rules to carry out the Act, including rules for electronic filings and fees under Section 6 IT Act. Every rule must be laid before the State Legislature.

Section 90 IT Act Bare Act Text

90. Power of State Government to make rules.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the electronic form in which filing, issue, grant, receipt or payment shall be effected under sub-section (1) of section 6;

(b) for matters specified in sub-section (2) of section 6;

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(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

Amendments to this section
  • Clause (c) omitted by Act 10 of 2009, s. 47 (w.e.f. 27-10-2009).

Section 90 IT Act in Simple Words

Section 90 IT Act empowers a State Government to make rules to carry out the provisions of the Information Technology Act, 2000. Under Section 90(1) IT Act, the State Government exercises this rule-making power by publishing a notification in the Official Gazette.

Section 90(2) IT Act specifies two sets of matters that State rules may cover without limiting the broad power in Section 90(1) IT Act. Under clause (a), the rules may specify the electronic form for filing any form, application or document, issuing or granting any licence, permit, sanction or approval, or receiving or paying money in government offices and agencies under Section 6(1) IT Act. Under clause (b), the rules may provide for the matters in Section 6(2) IT Act, namely the manner and format in which such electronic records must be filed, created or issued, and the manner or method of paying any fee or charges for doing so. Clause (c) of Section 90(2) IT Act was omitted by Act 10 of 2009 with effect from 27 October 2009.

Under Section 90(3) IT Act, every rule made by a State Government under Section 90 IT Act must be laid, as soon as may be after it is made, before each House of the State Legislature where the State Legislature consists of two Houses, or before that House where the State Legislature consists of one House.

When Section 90 IT Act Applies

  • Notification of the rules by the State Government in the Official Gazette to carry out the provisions of the IT Act.
  • Optional coverage of the electronic form for government filings, licences, permits, sanctions, approvals, receipts and payments under Section 6(1) IT Act, and record formats and fee payment methods under Section 6(2) IT Act.
  • Laying of every rule, as soon as may be after it is made, before each House of a two-House State Legislature or before the single House of a one-House State Legislature.

FAQs on Section 90 IT Act

What is Section 90 IT Act?▼

Section 90 IT Act empowers a State Government to make rules, by notification in the Official Gazette, to carry out the provisions of the Act. Section 90 IT Act specifically covers rules on electronic government records and fee payments under Section 6 IT Act and requires every rule to be laid before the State Legislature.

What matters under Section 6 IT Act can a State Government regulate through Section 90(2) IT Act?▼

Electronic government filings, approvals and fee payments. Under Section 90(2) IT Act, State rules may specify the electronic form for government filings, licences, permits, sanctions, approvals, receipts and payments under Section 6(1) IT Act. The rules may also prescribe the format of those electronic records and the method of paying fees or charges under Section 6(2) IT Act.

Must rules made under Section 90 IT Act be laid before the State Legislature?▼

Yes. Under Section 90(3) IT Act, every rule made by a State Government must be laid, as soon as may be after it is made, before each House of a two-House State Legislature or before that House where the State Legislature has one House.

Does Section 90(3) IT Act fix a 30-day laying period like Section 89(3) IT Act?▼

No. Unlike Section 89(3) IT Act for regulations before Parliament, Section 90(3) IT Act requires State rules to be laid before the State Legislature as soon as may be after the rules are made, without specifying a number of days.

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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 ·