[To be published in the part-IV of the Delhi Gazette-Extraordinary] GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI Department of Informat

1 · Short title and Commencement _ (1) These rules may be called the National Capital Territory of Delhi Information Technology (Electronic Service Delivery) Rules, 2012.

2 · Definitions - (1) In these rules, unless the context otherwise requires.

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6 · Functions and Powers of Director of Electronic Service Delivery - (1) The Director of Electronic Service Delivery shall discharge the following functions and powers, namely:-

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10 · Authorised Service Provider to collect service charge - (1) The application for an e- service submitted by user to an Authorised Service Provider or an authorised agent shall be accompanied by such service charge as may be determined by the Director of Electronic Service Delivery which is payable in cash to the Authorised Service Provider, at the time of making the application:

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11 · Fee to be collected by service provider:- (1) Any fee or duly authorized taxes, charges, dues or any other money due in respect of a service payable by any person to the Competent Authority concerned that are otherwise payable under the respective Act, rule, regulation or order of the government when making an application to the concerned Competent Authority, shall also be collected by the Authorised Service Provider or the authorized agent as the case may be, except for those payments that are ordinarily required to be made in the form of court fee stamps or treasury challans.

12 · Remittance or service charge and fee by the service provider.- (1) Out of the service charge collected by the Authorised Service Provider or the authorised agent for an e service, a percentage of the service charge as may be determined from time to time by the Director of Electronics Delivery may be apportioned to the Government:

13 · Presumption with regard to service charge paid to service provide and other conditions of obtaining e-services - (1) Where any person pays a service charge to an Authorised Service Provider or an authorised agent in respect of any notified e-service, the print-out or the electronic prompt acknowledging the payment in the relevant form and manner as may be determined by the Director of Electronic Service Delivery and provided to such person by the Authorised Service Provider or authorised agent shall normally be taken as proof of such payment and it shall be presumed that in normal circumstances the dues or claims, for which the acknowledgement is purportedly issued, have been satisfied to that extent: (2) The payment of service charges to the Authorised Service Provider or the authorised agent shall by no means create any right or title, temporary or permanent in nature in favour of a person concerned regarding obtaining the notified e-services: (3) Mere payment does not necessarily ensure the delivery of services, if all conditions associated with delivery of the service are not met fully at the time of making payment to the Authorised Service Provider or the authorised agent:

14 · Receipt or payment of money by or in favour of Government adopting the system of Electronic Service Delivery: The receipt or payment of money by or in favour of Government adopting the system of Electronic Service Delivery shall be deemed to be a receipt or payment effected in compliance with the Financial Code and Treasury Code of the Government

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15 · Filing of form, application or any other document:- (1) Any form, application or any other document referred to in clause (a) of sub-section (1) of section 6 of the Act may be filed with any office, authority, body, agency or Authorised Service Provider authorised by the Government of National Capital Territory of Delhi using the application software specified by it

16 · Issue or grant of any license, permit, sanction or approval - (1) Any license, permit, sanction or approval referred to in clause (b) of sub-section (1) of section 6 of the Act may be issued or granted by using the application software specified under rule 15.

17 · Creation or repository of digitally signed electronic records (1) The Competent Authority may, as soon as, after the coming into effect of these rules create, establish and maintain a repository and database of digitally signed electronic records together with the associated application software and workflow to enable Authorised Service Provider or the authorised agents to access such licenses, permits, certificates, sanctions or approvals, as the case may be, and deliver them to the user.

18 · Procedure for making changes in a repository of digitally signed electronic records - (1) Any Competent Authority or any signing authority, either suo motu, or on an application by an interested party, may make or order to make an appropriate change in a repository of digitally signed electronic records, after following the procedure prescribed in the respective Act, rule, regulation or order:

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19 · Creation of secure application software for Electronic Service Delivery:- (1) The Competent Authority shall get appropriate application software created, using which, the Signing Authorities, shall digitally sign the license, permit, certificate, sanction or approvals, and get the same audited by a third party agency, so as to ensure its security, reliability, performance and consistency, before it is deployed:

20 · Delivery of e-Services by the Authorised Service Provider or Authorised Agent:- (1) On request made by a user for provision of a service, relating to the issue of any license, permit, certificate, sanction or approval and to the receipt or payment of money, the Authorised Service Provider or the authorised agent shall access the respective departmental repository of digitally signed electronic records through their secured application specified in rule 19, in respect of any license, permit, certificate or approval or the database in respect of any payment or receipt

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21 · Verification of Digitally Signed documents.- (1) The Competent Authorities shall cause to be created system (portal/website) of online verification of any license, permit, certificate, sanction, approval or receipt delivered by any Authorised Service Provider or the authorised agent or the State Electronic Records Repository.

22 · Audit of the Information Systems and Accounts of Authorised Service Provider and authorised agents.- (1) The Director of Electronic Service Delivery shall cause an audit to be conducted of the records and accounts of the Authorised Service Providers and their authorised agents in the State at such intervals as deemed necessary by an agency empanelled as an information security auditing organization.

23 · Use of special stationery in Electronic Service Delivery:- (1) The special stationery used by the Authorised Service Providers and its agents for delivery of the services shall be determined by the Director of Electronic Service Delivery with accompanying security features for forms, applications, license, permits, certificates, receipts of payment and such other documents as part of the Electronic Service Delivery:

24 · If any notification/order is issued with the concurrence of Chief Secretary, Government of National Capital Territory of Delhi as Competent Authority under these rules then the said notification/order will prevail and any other notification/order of any Competent Authority shall be void to the extent of repugnancy vis-a-vis the notification/order issued

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25 · Appeal An appeal against the order of any authority/official mentioned in the rules may be preferred before the next higher authority of Government of National Capital Territory of Delhi with in thirty days of the issuance of order.

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