Sections 6 and 6A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 6 of the Information Technology Act, 2000 lets the appropriate Government accept filings, issue licences and approvals, and receive or make payments in electronic form. Section 6A, printed in the copy in square brackets, lets the appropriate Government authorise service providers to deliver such services electronically and to collect service charges.
Under section 6, if a law requires filing a form, issue of a licence or approval, or receipt or payment of money in a particular manner, that is deemed satisfied when done by the electronic form prescribed by the appropriate Government. The appropriate Government may make rules on the manner and format and on the payment of fees. Under section 6A it may, by order, authorise a service provider to set up and run computerised facilities and to collect service charges, whose scale it must specify by notification.
Source and scope
This article follows the consolidated text consulted (the Act as amended by the Information Technology (Amendment) Act, 2008). Later amendments and the current position of both sections should be checked. Section 6 is in Chapter III, "Electronic Governance"; section 9 adds that nothing in sections 6, 7 and 8 gives a person a right to insist that a Government body accept documents or monetary transactions in electronic form (see our article on sections 7 to 10). If you deal with Government portals or run a service centre, a legal consultation can help you read your obligations against these sections.
Section 6(1): three kinds of requirement
Section 6(1) begins "Where any law provides for" and lists three items:
| Clause | Subject | What the law requires |
|---|---|---|
| (a) | Filing | Filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner |
| (b) | Licence | Issue or grant of any license, permit, sanction or approval by whatever name called in a particular manner |
| (c) | Money | Receipt or payment of money in a particular manner |
The consequence is stated after clause (c): "notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government."
Three points on the words:
- "Appropriate Government" is defined in section 2(1)(e). The definition is partly garbled in the copy (the sub-clauses run together), so check it against the official text. See our article on the definitions of digital signature, certifying authority and related terms.
- The electronic form must be the one prescribed by the appropriate Government. Without a prescription, the section does not itself say what the form is.
- The section covers both sides of the money flow: "receipt or payment of money".
Section 6(2): rules the appropriate Government may make
Sub-section (2) says the appropriate Government may, for the purposes of sub-section (1), by rules, prescribe:
- (a) the manner and format in which such electronic records shall be filed, created or issued; and
- (b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic record under clause (a).
The rules are not in the sources used here, so no form, format, fee or step is stated in this article. For an example of rules that provide for electronic filing under another statute, see our article on Rule 36 of the Limited Liability Partnership Rules, 2009; it is a different instrument and is mentioned only as an illustration of the subject.
Section 6A(1): authorising a service provider
Section 6A(1) says the appropriate Government may, "for the purposes of this Chapter and for efficient delivery of services to the public through electronic means", authorize, by order, any service provider to set up, maintain and upgrade the computerized facilities and perform such other services as it may specify by notification in the Official Gazette.
The Explanation says that a service provider so authorized "includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector."
Section 6A(2) and (3): service charges
- Sub-section (2): the appropriate Government may also authorize any service provider authorized under sub-section (1) to collect, retain and appropriate such service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.
- Sub-section (3): subject to sub-section (2), it may authorize the service providers to collect, retain and appropriate service charges under the section "notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers."
Section 6A(4): scale of charges
The appropriate Government "shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section". The proviso lets it specify different scales for different types of services. The Act prints no amount; the scale is left to the notification.
Who this affects
- Citizens and businesses who file returns, applications or payments on Government portals: section 6 supports the use of the prescribed electronic form in place of the manner the law originally required.
- Authorised service providers such as private agencies that run service counters: section 6A is the source of the authority to deliver services, and of any authority to collect service charges, but only within the order and the notified scale.
- Government bodies: section 6 uses "may" and section 9 makes clear that a person cannot insist on electronic acceptance.
A worked example
A State law requires a trade permit application to be filed at the district office "in a particular manner". The State Government prescribes an electronic form for it. Farah, who owns Lotus Handicrafts, files the application in that form; under section 6(1)(a) the requirement is deemed satisfied. The State Government separately authorises Gateway Digital Services Private Limited, by order, to run an assisted-filing counter and notifies the scale of service charges. Gateway may collect only charges within that scale, because section 6A(4) requires the scale to be specified by notification. If Gateway charged more than the notified scale, the text of section 6A does not itself print a penalty; any consequence would have to be found in the order, the notification or other provisions.
Need help with Government filings and service-provider arrangements?
If you file with Government bodies electronically or plan to offer assisted services under an authorisation, we can read the order, the notification and your own arrangement together. Start with a legal consultation and bring the authorisation or notification you rely on.
Key takeaways
- Section 6 treats filing, licence and money requirements as satisfied by the prescribed electronic form.
- The appropriate Government makes rules on manner, format and payment of fees.
- Section 6A allows authorised service providers to run computerised facilities.
- Service charges must fall within a scale specified by notification.
- Section 9 prevents anyone from insisting that a Government body accept electronic form.
Read next
- Sections 7 to 10: retention, audit and electronic gazette
- Section 4: legal recognition of electronic records
- Section 5: legal recognition of electronic signatures
- Digital signatures and electronic records under the IT Act: impact on drafting
Disclaimer: Based on a consolidated copy of the Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as originally notified on 25 February 2021 and on the CERT-In Directions of 28 April 2022, read with the amendments made to the Act by the Jan Vishwas (Amendment of Provisions) Act, 2023 and by section 44 of the Digital Personal Data Protection Act, 2023, as consulted on 2 October 2026. Commencement notifications, other amendments, rules, directions and the current position of each provision are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.
