Draft Electronic Delivery Of Services Bill 2011

By

Praveen Dalal

The Draft Electronic Delivery of Services Bill 2011 (EDS Bill 2011) is a recent legislative exercise by the Central Government of India. The EDS Bill 2011 intends to provide delivery of Government services to all citizens by electronic means by phasing out of manual delivery of services delivered by the Government including matters connected therewith or incidental thereto.

It applies to whole of India and save as provided in this Bill, it applies to any contravention or offence thereunder committed outside India by any person. The Bill, if passed, would become an applicable law in India the moment Central Government notifies it in Official Gazette.

The EDS Bill 2011 defines “Electronic Delivery of Services” as the delivery of public services in the form of receipt of forms and applications, issue or grant of any license, permit, certificate, sanction or approval and the receipt or payment of money by electronic means by following the procedure specified hereunder.

The EDS Bill 2011 provides that where any law provides for –

(a) the delivery of services in the form of receipt of forms, application or any other document by any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner;

(b) the delivery of any licence, permit, sanction or approval by whatever name called in a particular manner;

(c) the receipt or payment of money in a particular manner,

then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such delivery of services, receipt or payment, as the case may be, is effected by means of such electronic mode as may be prescribed by the appropriate Government.

Every office, authority, body or agency owned or controlled by the appropriate Government for electronic delivery of service shall within one hundred and eighty days from the enactment of this EDS Bill 2011 –

(a) identify the service or type of service;

(b) plan the manner and format of such service or type of service;

(c) provide a cut-off date, wherever possible, for rendering any such service or type of service;

(d) prescribe the manner or procedure which facilitates such service or type of service;

(e) devise processes and procedures to ensure adequate integrity, security and confidentiality of information or data thus collected, preserved and retained; and

(f) create appropriate framework which is necessary to give legal effect to such service or type of service.

The appropriate Government may, for above mentioned purposes, shall prescribe for all its agencies etc a framework for –

(a) computerisation of records,

(b) web presence or enablement;

(c) use of shared technology infrastructure; and

(d) electronic authentication.

Notwithstanding anything contained in any other law for the time being in force, subject to provisions of this Bill, all citizens shall have the right to electronic delivery of services. The appropriate Government for this purpose has to provide electronic delivery of services as per prescribed manner and format.

Central Commissioner and State Commissioners would be appointed to manage electronic delivery of services. The obligation and accountability to implement the provisions of this Bill rests with the appropriate Government. EDS Bill 2011 also provides punishment for various offences and contraventions.

This includes punishment for impersonation, unauthorised access, cyber contraventions, cyber crimes, etc with imprisonment for a term which may extend to three years and with fine. The residuary penalty take cares of other contraventions and offences with a punishable with imprisonment for a term which may extend to three years or with a fine which may extend to twenty-five thousand rupees or both. Offences by companies are also covered by the EDS Bill 2011.

The EDS Bill 2011 also applies to offence or contravention committed outside India as well. Further, no officer below the rank of Inspector can investigate any contravention or offence under the EDS Bill 2011. The penalty imposed under the EDS Bill 2011 would be additional to any penalty imposable under any other law for the time being in force.

No court shall take cognisance of any offence punishable under the EDS Bill 2011, except upon a complaint made by the Central Commissioner or State Commissioner or any officer or person authorised by it. Further, no court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate shall try any offence punishable under the EDS Bill 2011. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Every notification or rule made by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

The Central Commissioner also has power to make regulations under the EDS Bill 2011 subject to certain conditions. Even State governments are entitled to make rules under the EDS Bill 2011 subject to certain conditions.