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Unit 14: Information Technology Act, 2000

as the case may be, is effected by means of such electronic form as may be prescribed by the Notes
appropriate Government.
The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe-

 the manner and format in which such electronic records shall be filed, created or issued.
 the manner or method of payment of any fee or charges for filing, creation or issue any
electronic record under clause (a)

14.2.4 Retention of Electronic Records

Where any law provides that documents, records or information shall be retained for any
specific period, then, that requirement shall be deemed to have been satisfied if such documents,
records or information are retained in the electronic form, if-
 the information contained therein remains accessible so as to be usable for a subsequent
reference.
 the electronic record is retained in the format in which it was originally generated, sent or
received or in a format which can be demonstrated to represent accurately the information
originally generated, sent or received.

 the details which will facilitate the identification of the origin, destination, date and time
of dispatch or receipt of such electronic record are available in the electronic record:
Provided that this clause does not apply to any information which is automatically
generated solely for the purpose of enabling an electronic record to be dispatched or
received.
 Nothing in this section shall apply to any law that expressly provides for the retention of
documents, records or information in the form of electronic records.
14.2.5 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, bye-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.

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.

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