Unit 5: The Information TechnologyAct,2000 (20%)

Definitions, Electronic Signature, Electronic Governance, Regulations of certifying

authorities, Penalty-Compensation and Adjudication

Major Definition under I.T Act, 2000

2(1) (a) “Access” with its grammatical variations and cognate expressions means
gaining entry into, instructing or communicating with the logical, arithmetical, or
memory function resources of a computer, computer system or computer network;
2(1) (b) “Addressee” means a person who is intended by the originator to receive
the electronic record but does not include any intermediary;
2(1) (c) “Adjudicating officer” means an adjudicating officer appointed under
subsection (1)of section 46;
2(1) (d) “Affixing digital signature” with its grammatical variations and cognate
expressions means adoption of any methodology or procedure by a person for the
purpose of authenticating an electronic record by means of digital signature;
2(1) (e) “Appropriate Government” means as respects any matter, –
(i) Enumerated in List II of the Seventh Schedule to the Constitution;
(ii) Relating to any State law enacted under List III of the Seventh Schedule to the
Constitution, the State
Government and in any other case, the Central Government;
2(1) (f) “Asymmetric crypto system” means a system of a secure key pair
consisting of a Private Key for creating a digital signature and a Public Key to verify
the digital signature;
2(1) (g) “Certifying Authority” means a person who has been granted a license to
issue a Digital Signature Certificate under section 24;
2(1) (h) “Certification practice statement” means a statement issued by a
Certifying Authority to specify the practices that the Certifying Authority employs in
issuing Digital Signature Certificates;
2(1) (i) “Computer” means any electronic magnetic, optical or other high-speed data
processing device or system which performs logical, arithmetic, and memory
functions by manipulations of electronic, magnetic or optical impulses, and includes
all input, output, processing, storage, computer software, or communication facilities
which are connected or related to the computer in a computer system or computer
network;
2(1) (j) “Computer network” means the interconnection of one or more computers
through –
(i) The use of satellite, microwave, terrestrial line or other communication media; and
(ii) Terminals or a complex consisting of two or more interconnected computers
whether or not the
interconnection is continuously maintained;
2(1) (l) “Computer system” means a device or collection of devices, including input
and output support devices
and excluding calculators which are not programmable and capable of being used in
conjunction with external
files, which contain computer programmes, electronic instructions, input data and
output data, that performs logic, arithmetic, data storage and retrieval,
communication control and other functions;
2(1) (m) “Controller” means the Controller of Certifying Authorities appointed under
sub-section (l) of section 17;
2(1) (n) “Cyber Appellate Tribunal” means the Cyber Regulations Appellate
Tribunal established under subsection
(1) of section 48;
2(1) (o) “Data” means a representation of information, knowledge, facts, concepts or
instructions which are being prepared or have been prepared in a formalized
manner, and is intended to be processed, is being processed or has been processed
in a computer system or computer network, and may be in any form (including
computer printouts magnetic or optical storage media, punched cards, punched
tapes) or stored internally in the memory of the computer;
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2(1) (p) “Digital signature” means authentication of any electronic record by a
subscriber by means of an electronic method or procedure in accordance with the
provisions of section 3;
2(1) (q) “Digital Signature Certificate” means a Digital Signature Certificate issued
under subsection (4) of section 35;
2(1) (r) “Electronic form” with reference to information means any information
generated, sent, received or stored in media, magnetic, optical, computer memory,
micro film, computer generated micro fiche or similar device;
2(1) (s) “Electronic Gazette” means the Official Gazette published in the electronic
form;
2(1) (t) “Electronic record” means data, record or data generated, image or sound
stored, received or sent in an electronic form or micro film or computer generated
micro fiche;
2(1) (v) “Information” includes data, text, images, sound, voice, codes, computer
programmes, software and databases or micro film or computer generated micro
fiche:
2(1) (w) “Intermediary” with respect to any particular electronic message means any
person who on behalf of another person receives, stores or transmits that message
or provides any service with respect to that message;
2(1) (x) “Key pair”, in an asymmetric crypto system, means a private key and its
mathematically related public key, which are so related that the public key can verify
a digital signature created by the private key;
2(1) (za) “Originator” means a person who sends, generates, stores or transmits
any electronic message or causes any electronic message to be sent, generated,
stored or transmitted to any other person but does not include an intermediary;
2(1) (zc) “Private Key” means the key of a key pair used to create a digital
signature;
2(1) (zd) “Public Key” means the key of a key pair used to verify a digital signature
and listed in the Digital Signature Certificate;
2(1) (ze) “Secure system” means computer hardware, software, and procedure that
–
(a) Are reasonably secure from unauthorized access and misuse;
(b) Provide a reasonable level of reliability and correct operation;
(c) Are reasonably suited to performing the intended functions; and
(d) Adhere to generally accepted security procedures;
2(1) (zh) “Verify” in relation to a digital signature, electronic record or public key, with
its grammatical variations and cognate expressions means to determine whether –
(a) The initial electronic record was affixed with the digital signature by the use of
private key corresponding to the public key of the subscriber;
(b) The initial electronic record is retained intact or has been altered since such
electronic record was so affixed with the digital signature.
DIGITAL SIGNATURE/ELECTRONIC SIGNATURE
As per Section 2(1) (p) of Information Technology Act, 2000 “Digital signature”
means authentication of any electronic record by a subscriber by means of an
electronic method or procedure in accordance with the provisions of section 3;

What is a digital signature?

A Digital signature (standard electronic signature) takes the concept of traditional
paper-based signing and turns it into an electronic “fingerprint”. This fingerprint or
coded message, is unique to both the document and the signer and binds both of
them together. The digital signature ensures the authenticity of the signer. Any
changes made to the document after it is signed invalidate the signature, thereby
protecting against signature forgery and information tampering. Digital signatures
help organizations to sustain signer authenticity, accountability, data integrity and
non-repudiation of electronic documents and forms.
Who issues digital Signature?
A digital signature is issued by a Certifying Authority (CA) and is signed with the
CA’s private key. A digital signature/electronic signature typically contains the:
Owner’s public key, the Owner’s name, Expiration date of the public key, the Name
of the issuer (the CA that issued the Digital ID), Serial number of the digital
signature, and the digital signature of the issuer. Digital signatures deploy the Public
Key Infrastructure (PKI) technology.

Whether digital Signature is permitted/recognized in India?

In India, recognition to digital signature has been given under Income Tax Act, 1961
and Companies Act, 2013. As per provisions of Companies Act, 2013, directors of
the companies are required to sign their document by means of digital signature
only. Similarly if one file his Income Tax return electronically using digital signature
he does not need to submit a physical copy of the return. While in case of paper
based signature, one need to physically submit the printed copy of the filled up Form
along with the copy of the Provisional Acknowledgement Number of e-Return.
Provisions relating to Digital Signature and/or Electronic Signature
As per section 3 of Information Technology Act, 2000 as amended, any subscriber
may authenticate an electronic record by affixing his digital signatures. The
authentication of the electronic records shall be effected by the use of asymmetric
crypto system and hash function which envelops and transform the electronic
records into another electronic record.
Explanation to Section 3 of the Information Technology Act, 20000 defines hash
function. As per the explanation provided, “hash function” means an algorithm
mapping or translation of one sequence of bits into another, generally smaller, set
known as “hash result” such that an electronic record yields the same hash result
every time the algorithm is executed with the same electronic record as its input
making it computationally infeasible—
(a) To derive or reconstruct the original electronic record from the hash result
produced by the algorithm;
(b) That two electronic records can produce the same hash result using the
algorithm.
Any person by the use of a public key of the subscriber can verify the electronic
record. Here, the private key and the public key are unique to the subscriber and
constitute a functioning key pair.

Electronic Signature
The provisions relating to electronic signature have been added by IT Information
Technology (Amendment) Act, 2008. Section 3A of Information Technology Act,
2000 provides for authentication of electronic record by such electronic signature or
electronic authentication technique which is considered reliable.
Any electronic signature or electronic authentication technique shall be considered
reliable if –
(a) the signature creation data or the authentication data are, within the context in
which they are used, linked to the signatory or, as the case may be, the authenticator
and to no other person;
(b) the signature creation data or the authentication data were, at the time of signing,
under the control of the signatory or, as the case may be, the authenticator and of no
other person;
(c) any alteration to the electronic signature made after affixing such signature is
detectable;
(d) any alteration to the information made after its authentication by electronic
signature is detectable; and
(e) it fulfils such other conditions which may be prescribed.

E-Governance or ‘electronic governance’ is basically the application of

Information and communications Technology to the processes of Government
functioning in order to bring about ‘Simple, Moral, Accountable, Responsive and
Transparent’ (SMART) governance. This would generally involve the use of IcTs by
government agencies for any or all of the following reasons:
(a) Exchange of information with citizens, businesses or other government
departments
(b) Speedier and more efficient delivery of public services
(c) Improving internal efficiency
(d) Reducing costs / increasing revenue
(e) Re-structuring of administrative processes and
(f ) Improving quality of services.

Although the term ‘e-Governance’ has gained in recent years, there is no standard
definition of this term. Different governments and organizations define this term to
suit their own aims and objectives.

Gartner Group defines e-governance as: “the continuous optimization of service

delivery, constituency participation, and governance by transforming internal and
external relationships through technology, the Internet and new media.”

The UNESCO definition (www.unesco.org) is: “E-governance is the public sector’s

use of information and communication technologies with the aim of improving
information and service delivery, encouraging citizen participation in the decision-
making process and making government more accountable, transparent and
effective.
Basically, e-Governance is generally understood as the use of Information and
communications Technology
(IcT) at all levels of the Government in order to provide services to the citizens,
interaction with business enterprises
and communication and exchange of information between different agencies of the
Government in a speedy,
convenient efficient and transparent manner.
Dr. APJ Abdul Kalam, former President of India, has visualized e-Governance in the
Indian context to mean:
“A transparent smart e-Governance with seamless access, secure and authentic flow
of information crossing
the interdepartmental barrier and providing a fair and unbiased service to the
citizen.”
OBJECTIVES OF E-GOVERNANCE
E –Government can transform citizen services, provide access to information to
empower citizens, enable their participation in government and enhance citizen
economic and social opportunities, so that they can make better lives, for themselves
and for the next generation.
The e-governance objectives can be summarized as:
 To provide citizens access to information and knowledge about the political
process, about services and about choices available.
 To make possible the transition from passive information access to active citizen
participation by Informing, Representing, Encouraging, Consulting and involving the
citizen.
 To satisfactorily fulfil the public’s needs and expectations on the front office side,
by simplifying their interaction with various online services.
 In the back-office side, to facilitate a speedy, transparent, accountable, efficient
and effective process for performing government administration activities.
E-GOVERNANCE MODELS
Models of E Governance
E-GOVERNANCE itself is governed by the needs and demands of citizens,
businesses, government and
employees. These four models of e-governance are as:-
1. Government to citizens (G2C)
2. Government to government (G2G)
3. Government to employees (G2E)
4. Government to business or Business to government (G2B or B2G)

GOVERNM
ENT TO CITIZEN (G2C)
This model of e-governance refers to those activities in which the government
provides one- step, on-line access of information and services to citizens. G2C
applications enable citizens to ask questions of government agencies and receive
answers such as file income taxes (federal, state and local), pay taxes (income, real
estate), renew driver licenses etc. It gives citizens the choice of when to interact with
the government (e.g. 24 hours a day, 7 days a week), from where to interact with the
government (e.g. service centre or from one’s home/workplace ) and how to interact
with the government (e.g. through internet, fax, telephone, e-mail etc.)
Type of services which are provided by this model includes:-
 Payment of online bills such as electricity, water, telephone bills etc.
 Online registration of applications.
 Copies of land-record.
 Online filling of complaints.
 Availability of any kind of online information.
GOVERNMENT TO GOVERNMENT (G2G)
This model refers to the services which are shared between the governments. There
is lots of information that need to be shared between various government agencies,
department and organizations. Many of these activities are aimed at improving the
efficiency and effectiveness of overall government operations. These types of
services or information are as:-
 Sharing of information between police department of various state.
 Government document exchange which includes preparation, approval,
distribution, and storage of all
governmental documents is also done through e-governance.
 Most of the finance and budget work are also done through e-governance.
GOVRNMENT TO EMPLOYEES (G2E)
This model increases the transparency between government and its employee.
Here, employee can keeps a check on the functioning and working of government
and government can keeps on its employees.
Information that can be shared by this model:-
 All kind of data submission (attendance record, employee record etc) from various
government offices is done by this model
 Employee can file all kinds of complaints and dissatisfaction by this model.
 All kind of rule- regulation and information for employees can be shared by this.
 Employees can check their payment and working record.
 Employees can register all kind of working forms online.
GOVERNMENT TO BUSINESS OR BUSINESS TO GOVERNMENT (G2B OR
B2G)
In G2B, the government deals with businesses such as suppliers using the internet
and other ICTs. It includes two-way interactions and transactions government to
business and business to government. B2G refers to the business selling products
and services to government. The B2G initiatives can be transactional such as in
licensing, permits, procurement and revenue collection. The objective is to cut red
tape, save time, reduce operational costs and to create a more transparent business
environment when dealing with the government.

They share information through this model like:-

 Collection of taxes.
 Rejection and approval of patent is also done by this model.
 Payment of all kind of bills and penalty.
 Sharing of all kind of information, rules and data.
 Complaints or any kind of dissatisfaction can be shown by this.
E-governance is beyond the scope of e-government. While e-government is defined
as a mere delivery of government services and information to the public using
electronic means, e-governance is not just about government web site and e-mail. It
is not just about service delivery over the Internet. It is not just about digital
access to government information or electronic payments. E-governance will allow
citizens to communicate with government, participate in the government’s policy-
making and to communicate with each other. The e-governance will truly allows
citizens to participate in the government decision-making process, reflect their true
needs and welfare by utilizing e-government as a tool.
DIFFERENT AREAS OF E-GOVERNANCE
Today area of e-governance is very wide. E-Governance is implemented by
government in almost every field. From urban states to rural areas and from politics
to teaching e-Governance has spread its root everywhere. Either its public or private
sector, common man or businessman all is largely dependent on e-governance.
Here we have presented different areas where e-governance is widely used. In the
following section, we are describing the projects used in urban and rural areas of
India.
1. E-GOVERNANCE IN URBAN AREAS
Transportation:- Services provided by e-governance in this area are:-
 Issuance of Time Table of buses.
 Provision of booking facility for Interstate transport.
 Transportation Improvement Program.
 Regional Transportation Plans.
 Congestion Management Process.
 Transportation Demand Management.
Various projects:-
1. CFST:-Citizen Friendly Services of Transport Department by Andhra Pradesh
government to provide services such as Issue of learner licensees, Issue of driving
licenses, Renewal of driving licenses etc
2. Vahan and Sarathi:-The backend applications Vahan &Sarathi help in speeding
the overall work flow in the transport department by Tamil Nadu govt.
3. OSRTC:- The Orissa State Road Transport Corporation project was started to
provide transport related facilities online .
4. HRTC: - Himachal Road Transport Corporation project is for online bookings,
cancellation of seats, for enquiry about departure of buses, availability of seats and
buses etc.
Online payment of bills and taxes:-Services provided by e-governance in this area’s
are as follows –
 Online Transaction
 Payment of Bill
 Payment of taxes
 Payment of house EMIs

Various Projects:-
1. FRIENDS: - This project is started by Kerala Government for its citizens to make
online payment of electricity and water bills, revenue taxes, license fees, motor
vehicle taxes, university fees, etc.
2. E-SEVA:-Electronic seva by Andhra Pradesh government to pay utility bills, avail
of trade licenses and transact on government matters for these facilities.
3. DOMESTIC: - This project is started by Daman and Diu. It is an Electricity Billing
System for domestic consumers.
4. E-Pourasabha Municipal Application:-E-Pourasabha is an e-governance
application for urban local bodies. It is implemented for Tax Collection system,
Property Tax, Water Tax etc.
5. E-Mitra by the Government of Rajasthan
6. SAMPARK by Chandigarh government
8. E-Suvidha by the government of Uttar Pradesh
Information and public relation key services:-With these kinds of projects people can
get any kind of information with just a single click.

Various projects:-
1. LokMitra by the government of Himachal Pradesh : The services offered include
information about vacancies, tenders, market rates, matrimonial services, village e-
mail.
2. Mahiti Shakti : By Gujarat government to provide information related to its working
to its citizens.
3. OLTP : With this project 16 government departments in Andhra Pradesh are
connected on a single network.
Municipal services : Services provided are as :
 House Tax Assessment, Billing and Collection.
 Maintain records of Land & property.
 Issue of Death Certificates.
 Registration & Attorneys of properties.
 Review and approval authority for site plans

Various projects:-
1. E-Panjeeyan:-It is started by Assam government to deal with the computerization
of the Document
registration work at Sub Registrar Office.
2. SDO Suite:-This project is executed by Assam government. This system helps in
issuing various certificates like Land sale Permission, Legal heir certificate, Issue of
Passport Verification Certificate, Birth and Death Report,
3. Palike:-The Palike-property tax software capture the basic details of the owner
and property, payment details for which receipt is generated and given to the citizen
was hosted.
4. Rural Digital Services (Nemmadi):-Provide services such as issuance of
certificates, issuance of orders in respect of Social Security Schemes such as old
age pension, widow pension, freedom fighter pension etc.
5. TRIS:- Tripura Registration Information System is meant for capturing of online
photograph and bio-metric impression, Service for visit commission, request for
duplicate document, searching of document etc.
Roads and traffic management:- Services provided by this type of e-governance is:-
 Network of Roads & Bridges
 Road construction and their maintenance
 Traffic Management
 Safety, Accident and pollution control
Various projects:-
1. BHOOSWADEENA-This project is computerized land acquisition system with tight
integration with BHOOMI. The purpose of this project is to develop a system to
automate the process Land acquisition
2. I-Geo Approach Internet Geometrics:-Purpose of this project is development of
Geometrics based web enabled decision support system for Rural Road Network of
Madhya Pradesh.
3. RSPCB (Rajasthan State Pollution Control Board);-The project relates to
establishment of computer based system by fulfilling the Hardware, Software and
Networking Requirements The project will be beneficial to the Government, Central
Pollution Control Board, RSPCB itself.
4. CFST:- Citizen Friendly Services of Transport Department This project is started
by the government of Andhra Pradesh to keeps check on pollution control, road
safety, road signs and safety of its citizens.

2. E-GOVERNANCE IN RURAL AREAS

In rural areas e-governance has its very powerful impact. Here, from agriculture to
local information everything is done through e-governance.

Agriculture:- Following are the projects used in Agriculture.

1. Gyandoot: In the State of Madhya Pradesh it is an Intranet-based Government to
citizen (G2c) service delivery initiative.
2. BELE:- It is a web-based application with 3-tier architecture for capturing and
monitoring the major activities and services.
3. AGMARKNET: - It is a project approved by Department of Marketing & Inspection
(DMI), Ministry of Agriculture, and Government of India.
4. SEEDNET:-It is a SEED informatics network under ministry of Agriculture,
Government of India. The project was started in Chhattisgarh in the month of July’
2008 for Kharif season.
5. Mustard Procurement Management System:- It is started by Haryana government.
It Conducted the Survey of mustard sown by the farmers and feed this data in to the
database of the system. This data is then processed and generate coupons having
information of dates on which farmer may visit in the market (mandi) to sale his
mustard.
Local information: - For local information such as prices of seeds, fertilizers, loan
rates etc. government has started e-governance service in this area also.
Various projects:-
1. E-JanSampark:-Services & Information accessible to the common man in his
locality to meet his basic need. This project is started by Chandigarh.
2. Prajavani: - it is started by the Government of Andhra Pradesh. it is a Web based
On-line Monitoring of Public Grievances.
3. Web Portal for Hyderabad and Cyberabad Police : It is designed by Hyderabad,
developed and hosted
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with many exciting public utility features like Safety tips for all citizens, verificatiosn
status of Passports, Stolen vehicles etc.
4. Intranet Portal of Chandigarh Administration:-It provides an environment where
administration could interact.
5. E-DISHA EkalSewa Kendra:-This project is started by Haryana government.E-
Disha to deliver any service from any counter/location, so at the peak requirements
of services, counters can be extended as per crowd.
6. E-Samadhan: - the Government of Himachal Pradesh stressed upon to develop
grievances redressed mechanism so that the genuine public grievances may be
redressed in a time bound manner.
Land record management:-.By facilitating e-governance service in this area, millions
of land records can be maintain in a very short time span.
Major projects in this area are:-
1. Bhoomi :- It is the first e-Governance land records management system project
which is successfully implemented for the benefits of the common man by the
Government of Karnataka.
2. Comprehensive Modernization of Land Records (CMLR):- This project is started
by the government of Andhra Pradesh. It allows integrating functions of property
registration, mutations and updating of field survey maps.
3. Land Record Computerisation: - The objective of the project is to computerize
fresh allotment, land transfer, regularisation of occupied land etc. related actives of
the Dept. of Land Management at district level.
4. Gyandoot: - it is an intranet in Dhar district of Madhya Pradesh, connecting rural
cybercafés catering to the everyday needs of the masses.
5. Land Records Management System by the State Government of Punjab.
6. Devbhoomi State Government of Uttarakhand.
7. Bhu-Lekh – UP State Government of Uttar Pradesh.
8. E-Dhara State Government of Gujarat.
Panchayat:-Services provided by e-governance in this area are:-
 Issue of Birth/Death certificate.
 Application for inclusion of name in Voter list.
 Conducting various welfare schemes for the poor and needy sections of the
society.
 Preparing district wise planning, implementing those plan, and review for success.
 To provide wage employment to the needy from amongst the poorest section of
the rural society.
 Rural water supply and sanitation.
Various projects:-
1. E-GramViswa Gram Project:- This Project Initiates e-Gram Project connecting
13716 Gram Panchayats
and 6000 Citizen Common Service Centres as a part of the e-Gram connectivity
Project by Gujarat.
2. RajNidhi: - “RajNidhi” is a web enabled information kiosk system developed jointly
by Rajasthan state’s Department of Information Technology and Rajasthan State
Agency for Computer Services (Raj Comp)
[4]. 3. Raj-SWIFT:-The Rajasthan State’s Department of Information Technology
(DoIT) has developed Government’s own Intranet called as “raj-SWIFT”[4]
4. Support for P & RD sector in Assam:-NIC, Assam State Centre has been identified
as the technical consultant for e-Governance solution and computerization of the
Department of Panchayat and Rural Development.
5. SamanyaMahiti by the State Government of Karnataka
3. E-GOVERNANCE IN HEALTH
Services provided in this area are:-
 Availability of medicines
 Special health camps
 Facilities at Anganwadi canters
Various projects:-
1. Online Vaccination Appointment for International Traveller:-Citizen centric
application for the purpose of vaccination of the persons proceeding abroad and
issuance of International Health Certificate
2. SMS based Integrated Disease Surveillance System: - it is an SMS based
Integrated Disease Surveillance System facilitates to report the occurrences of
disease, number of persons affected from the area of occurrences immediately to
the concerned authority.
3. Hospital OPD Appointment:-Hospital OPD Appointment System is another welfare
measure undertaken by Chandigarh Administration to make life of citizens simpler.
4. NLEP (National Leprosy Eradication Program):-NLEP is web based application
developed for monitoring of leprosy cases in Chhattisgarh State.
5. HEALING:-it is a Health Information system for Kerala Government which is
developed and implemented for Medical Health & Family Welfare department
4. E-GOVERNANCE IN EDUCATION:
 Providing basic education (elementary, primary, secondary) to children
 Providing computer education to children
 Results for 10th& 12thclasses
 Information on eligibility for “Distribution of books” scheme
Various projects:-
1. CASCET:-This project is started by the Karnataka governments for Education
Department.
2. Online Scholarship Management System:-It is meant for the purpose of
distribution of scholarships and fees reimbursement.
3. AISES (All India School Education Survey):- This project is started by Assam
government. This project is used for surveying the number of schools in district.
4. CAPnic:-This is for the Centralized seat allotment process for professional courses
and come under Kerala governments.
5. VHSE Examination Management System:-it has been developed to handle pre-
examination related activities of the vocational higher secondary education.
BENEFITS OF E-GOVERNANCE
(advantages of e-governance) E-Governance is about reform in governance,
facilitated by the creative use of Information and communications Technology.
It is expected that this would lead to:
– Better access to information and quality services for citizens: IcT would make
available timely and reliable information on various aspects of governance. In the
initial phase, information would be made available with respect to simple aspects of
governance such as forms, laws, rules, procedures etc. later extending to detailed
information including reports (including performance reports), public database,
decision making processes etc. As regards services, there would be an immediate
impact in terms of savings in time, effort and money, resulting from online and one-
point accessibility of public services backed up by automation of back end
processes. The ultimate objective of e-Governance is to reach out to citizens by
adopting a life-cycle approach i.e. providing public services to citizens which would
be required right from birth to death.
– Simplicity, efficiency and accountability in the government: Application of IcT
to governance combined with detailed business process reengineering would lead to
simplification of complicated processes, weeding out of redundant processes,
simplification in structures and changes in statutes and regulations. The end
result would be simplification of the functioning of government, enhanced decision
making abilities and increased efficiency across government – all contributing to an
overall environment of a more accountable government machinery. This, in turn,
would result in enhanced productivity and efficiency in all sectors
– Expanded reach of governance: Rapid growth of communications technology
and its adoption in governance would help in bringing government machinery to the
doorsteps of the citizens. Expansion of telephone network, rapid strides in mobile
telephony, spread of internet and strengthening of other communications
infrastructure would facilitate delivery of a large number of services provided by the
government. This enhancement of the reach of government – both spatial and
demographic – would also enable better participation of citizens in the process of
governance.

Limitation E-GOVERNANCE
i. Lack of Integrated Services - Most of the e-Governance Services being offered by
state or central governments are not integrated. This can mainly be attributed to lack
of communication between different departments. So the information that resides
with one department has no or very little meaning to some other departments of
Government.
ii. Lack of Key Persons – E-Governance projects lack key persons, not only from
technological aspect, but from other aspects as well such as lack of proper
coordination among government machineries and solution developers.
iii. Lack of Infrastructure- underutilization of existing ICT infrastructure and lack of
infrastructure for sustaining e-Governance projects on national level.
v. Different Languages- A challenge due to the diversity of the country. It enforces
need to do governance (up to certain level), in local languages.

Duties of Certifying Authority (Secs. 30 – 34)

a. To follow certain procedures regarding security system (Sec.

30). The Act has laid down certain procedures relating to security
system to be followed by the certifying authority in the performance of
its services. It must:
i. make use of hardware, software, and procedures that are
secure from intrusion and misuse ;
ii. provide a reasonable level of reliable services ;
iii. adhere to security procedures to ensure the secrecy and privacy
of electronic signatures ;
iv. be the repository of all Electronic Signature Certificates ;
v. publish information regarding its practices, Electronic Signature
Certificates and current status of such certificates ; and
vi. observe the specified standards.

The above stated security procedures must ensure the achievement of

4 objectives of a security system : Confidentiality, accessibility of
information, consistency of information and authorized use of
resources.

b. To ensure compliance of the Act (Sec. 31). The certifying authority

must ensure that every person employed or engaged by it complies
with the provisions of the Act, rules, regulations or order, made
thereunder.
c. To display its licence (Sec. 32). The certifying authority must display
its licence at a conspicuous place in the premises in which it carries on
its business.
d. To surrender its licence (Sec. 33). The certifying authority must
surrender its licence to the controller on its suspension or revocation.
e. To make certain disclosures (Sec. 34). The certifying authority is
required to make the following disclosures :
i. Disclosure of Electronic Signature Certificate ;
ii. Disclosure of Certification Practice Statement
(CPS) ;“Certificate Practice Statement” means a statement
issued by a certifying authority to specify the practices that the
certifying authority employs in issuing electronic signature
certificates [Sec. 2(1)(k)]
 It also outlines the CA’s policies, practices and procedures for
verifying keys and suspension, revocation and renewal of
electronic signature certificates.
iii. Disclosure of notice of revocation and suspension of Certificates
of Certifying Authority ;
iv. Disclosure of facts materially and adversely affecting the
reliability of electronic signature certificate ;
v. Disclosure of adverse effects to affected person [Sec. 34(2)].
The authority is bound to disclose to affected person about any
event which may materially and adversely affect the integrity of
the computer system or the conditions under which electronic
signature certificate was granted. The certifying authority is
required to act in accordance with the procedure specified in its
CPS to deal with such event or situation.

Penalties, Compensation and Adjudication under Information Technology Act,

2000
Section 43: Where a person without the permission of owner or any other person-in-
charge damage the Computer, or Computer System, or Computer Network, the he
shall be liable for Penalty and Compensation to such person so affected.
Section 44: Where a person fails to furnish any document, return, report to the
controller, or certifying authority, then he shall be liable to pay penalty
upto Rs.1,50,000/- per failure. Further where a person fails to furnish any
information, books or other documents within time specified, then he shall be liable
to pay penalty upto Rs.5,000/- per day. Further provided that where a person fails to
maintain books of accounts or other records, then he shall be liable to pay penalty
upto Rs.10,000/- per day.

Offences under Information Technology Act, 2000

Section 65: Any person tamper, conceal, destroy, or alter any computer source
document intentionally, then he shall be liable to pay penalty upto Rs.2,00,000/-, or
Imprisonment upto 3 years, or both.
Section 66: Any person dishonestly, or fraudulently does any act as referred
in Section 43, then he shall be liable to pay penalty upto Rs.5,00,000/-, or
Imprisonment upto 3 years, or both.
Section 66B: Any person dishonestly, or fraudulently receives or retains any stolen
computer resource or communication device, then he shall be liable to pay penalty
upto Rs.1,00,000/-, or Imprisonment upto 3 years, or both.
Section 66C: Any person dishonestly, or fraudulently make use of Electronic
Signature, Password or any other Unique Identification Feature of any other person,
then he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 3
years, or both.
Section 66D: Any person dishonestly, or fraudulently by means of any
communication device or computer resource cheats by personating, then he shall be
liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 3 years, or both.
Section 66E: Any person intentionally captures, publishes, or transmits image of
private area of any person without consent, then he shall be liable to pay penalty
upto Rs.2,00,000/-, or Imprisonment upto 3 years, or both.
Section 66F: Any person does any act electronically, or with use of computer with
intent to threaten unity, integrity, security, or sovereignty of India, then he shall
punishable with Imprisonment for Life.
Section 67: Any person publishes, or transmits in electronic form any material which
appeals to prurient interest, or if its effect is such as to tend to deprave and coorupt
persons who are likely to read, see, or hear matter contained in it, then he shall be
liable to pay penalty upto Rs.5,00,000/-, or Imprisonment upto 3 years, or both, And
in the event of second or subsequent conviction, he shall be liable to pay penalty
upto Rs.10,00,000/-, or Imprisonment upto 5 years, or both.
Section 67A: Any person publishes, or transmits in electronic form any material
which contains sexually explicit act, or conduct, then he shall be liable to pay penalty
upto Rs.10,00,000/-, or Imprisonment upto 5 years, or both, And in the event of
second or subsequent conviction, he shall be liable to pay penalty
upto Rs.10,00,000/-, or Imprisonment upto 7 years, or both.
Section 68: The Controller may, by order, direct a Certifying Authority or any
employee of such Authority to take such measures or cease carrying on such
activities as specified in the order if those are necessary to ensure compliance with
the provisions of this Act, rules or any regulations made thereunder and if any
person who intentionally or knowingly fails to comply with the order, then he shall be
liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 2 years, or both.
Section 69: Where the Central Government or a State Government or any of its
officers specially authorized by the Central Government or the State Government, as
the case may be, in this behalf may, if satisfied that it is necessary or expedient so to
do, in the interest of the sovereignty or integrity of India, defense of India, security of
the State, friendly relations with foreign States or public order or for preventing
incitement to the commission of any cognizable offence relating to above or for
investigation of any offence, it may with reasons to be recorded in writing, by order,
direct any agency of the appropriate Government to intercept, monitor or decrypt or
cause to be intercepted or monitored or decrypted any information generated,
transmitted, received or stored in any computer resource, Any person who fails to
comply with the order, then he shall be liable to Imprisonment of 7 years, along with
the fine (amount of fine is not specified in the act).
Section 70: The appropriate Government may, by notification in the Official Gazette,
declare any computer resource which directly or indirectly affects the facility of
Critical Information Infrastructure, to be a protected system, Any person who fails to
comply with the notification, then he shall be liable to Imprisonment of 10 years,
along with the fine (amount of fine is not specified in the act).
Section 71: Whoever makes any misrepresentation to, or suppresses any material
fact from the Controller or the Certifying Authority for obtaining any License or
Electronic Signature Certificate, as the case may be, then he shall be liable to pay
penalty upto Rs.1,00,000/-, or Imprisonment upto 2 years, or both.
Section 72: If any person who has secured access to any electronic record, book,
register, correspondence, information, document or other material without the
consent of the person concerned discloses such electronic record, book, register,
correspondence, information, document or other material to any other person, then
he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 2 years,
or both.
Section 72A: If any person who has secured access to any material containing
personal information about another person, with the intent to cause or knowing that
he is likely to cause wrongful loss or wrongful gain discloses, without the consent of
the person concerned, or in breach of a lawful contract, then he shall be liable to pay
penalty upto Rs.5,00,000/-, or Imprisonment upto 3 years, or both.
Section 73: If any person publishes a Electronic Signature Certificate, or make it
available to any other person with the knowledge that
 Certifying Authority has not issued it, or
 Subscriber has not accepted it, or
 Certificate has been revoked or suspended
then he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 2
years, or both.
Section 74: If any person knowingly creates, publishes, or otherwise makes
available Electronic Signature Certificate for any fraudulent or unlawful purpose, then
he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 2 years,
or both.
Section 75: If any person have committed an offence, or contravention committed
outside India, and if the act or conduct constituting the offence or contravention
involves a computer, computer system or computer network located in India, then
the provisions of this Act shall apply also to any offence or contravention
committed outside India by any person irrespective of his nationality.
Section 76: Any computer, computer system, floppies, compact disks, tape drives,
or any other accessories related thereto, in respect of which any provision of this Act,
rules, orders, or regulations made thereunder has been, or is being contravened,
shall be liable to confiscation. However, if it is proved that such resources were not
used in committing fraud then only person in default will be arrested.

Adjudicating officer under the IT Act, 2000

Adjudication is the legal process by which an arbiter or judge reviews evidence and
argumentation, including legal reasoning set forth by opposing parties or litigants, to
come to a decision which determines rights and obligations between the parties
involved.
One of the salient features of the Information Technology Act, 2000 is the
appointment of an adjudicating officer who should not be less than the rank of a
Director to the Government of India or an equivalent officer of a state government as
an adjudicating officer who shall adjudicate whether any person has committed a
contravention of any of the provisions of this Act or of any rule, regulation, direction
or order and shall hold an inquiry in the manner prescribed by the central
government. Further, the adjudicating officer is vested with the power of a civil court
to adjudicate any matter before it. Under Section 46 of the IT Act, the power to
adjudicate has been specifically enshrined for the purpose of adjudging under this
Chapter.

Power to adjudicate under Section 46 of IT Act, 2000

Section 46(1) of the IT Act, 2000 states that the central government shall subject to
the provisions of sub-section (3): 

 Appoint an adjudicating officer for the purpose of adjudging under Chapter

IX whether any person has violated any of the provisions of this Act,
rendering him liable to pay penalty or compensation. 
 The adjudicating officer shall have the power to hold an inquiry to adjudge
upon the complaints being filed.
Section 46(1A) prescribes that the pecuniary jurisdiction to adjudicate matters
wherein the claim for injury or damage does not exceed Rs 5 crores. In case the
claim for compensation goes beyond the Rs 5 crores, the jurisdiction shall vest with
a competent or higher court.

Further, Section 46(2) states that the adjudicating officer shall give a reasonable
opportunity to make representation to the person who has violated any of the
provisions of this Act or any rule, regulation, direction, or order made thereunder.
And if satisfied after conducting an inquiry that the person so accused has committed
the contravention, penalty or award of compensation may be imposed by him as
deemed fit in accordance with the provisions of that section.