Question:

Who has been has been conferred the power to make rules in respect of Digital Signature, interalia, the type, manner, format in which digital signature is to be affixed and procedure of the way in which the digital signature is to be processed ?

ACentral Government

BState Government

CSupreme Court of India

DElection Commission of India

Answer:

A. Central Government

Explanation:

E-GOVERNANCE UNDER IT ACT, 2000:

  • Chapter 3 : of the IT Act, 2000 (Sections 4-10A) deals with e- governance.

  • Section 4 : of the Indian IT Act, 2000 confers legal recognition to electronic records.

  • Paper based documents are equated with electronic records so long as they are made available in electronic form.

  • Section 5 : confers legal recognition to digital signatures and equates it with handwritten signatures.

  • The authentication of such digital signatures will be ensured by means of digital signatures affixed in such manner as the Central Government prescribes.

  • Section 6 - aims to promote use of electronic records and digital signatures in Government and its agencies.

  • It provides for filing documents online with governmental authorities, grant of licenses/approvals and receipt/payment of money.

  • Section 7 - allows retention of electronic records akin to paper based records to fulfil legal requirement of retention of records.

  • Section 8 - In case of the electronic as well as the traditionally printed gazette, it is stipulated that publication of rules, regulations and notifications in the Electronic Gazette shall also be legally recognized.

  • Section 9 : At the same time, no person can insist on electronic filing of returns or records, as the Government needs sufficient time to set up infrastructure facilities that will enable them to conduct electronic transactions in the future.

  • Section 10 : The Central Government has been conferred with the power to make rules in respect of Digital Signature, interalia, the type, manner, format in which digital signature is to be affixed and procedure of the way in which the digital signature is to be processed.

  • Section 10 A : Validity of contracts formed through electronic means. such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.


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