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Mee Seva ESD Rule

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
IT&C Department - e-Governance – Electronic Signatures, Electronic Delivery
of Services and State Government Role – ‘Electronic Delivery of Services
Rules’ – Notification - Orders – Issued.
----------------------------------------------------------------------------------------------------------------
INFORMATION TECHNOLOGY & COMMUNICATIONS (INFRASTRUCTURE) DEPARTMENT
G.O.Ms.No. 10 Dated: 18.10.2011
Read the following:
1. The Information Technology Act, 2000 (No.21 of 2000), dated
09.06.2000.
2. The Information Technology (Amendment) Act, 2008 (No.10 of
2009).
ORDER
The following notification will be published in the Andhra Pradesh Gazette:
NOTIFICATION
In exercise of the powers conferred by sub-section (1) of section 90 of the
Information Technology Act, 2000 (Act 21 of 2000), the Government of Andhra
Pradesh hereby makes the following rules - The Andhra Pradesh Information
Technology (Electronic Service Delivery) Rules, 2011.
1. Short Title, Extent and Commencement:
(a) These rules may be called the Andhra Pradesh Information
Technology (Electronic Service Delivery ) Rules, 2011
(b) They shall extend to the whole of the State of Andhra Pradesh.
(c) They shall come into force on the date of their publication in the
Official Gazette.
2. Definitions. – In these Rules, unless the context otherwise requires, -
(a) “Act” means the Information Technology Act 2000 (Act 21 of 2000) ;
(b) “Authorized Agent” means an operator of an electronically enabled
kiosk, who is permitted under these rules, either by the Government or
by the Authorized Service Provider to deliver public services to the
users with the help of a computer resource, following the procedures
prescribed herein ;
(c) “Authorized Service Provider” means a body corporate authorized by
the Director of Electronic Service Delivery, to establish and manage a
system of delivering services electronically, in accordance with these
Rules. The Authorized Service Provider can also be a Department or
Agency of the Government ;
(d) “Body Corporate” means any company and includes a firm, sole
proprietorship or other association of individuals engaged in
commercial or professional activities ;
(e) “Certificate” means a certificate or the certified copies required to
be issued by a Statutory Authority empowered under any Act, Rule,
Regulation or Order of the Government, to issue a certificate to
confirm the status, right or responsibility of a person, natural or
artificial, in accordance with any such Act, Rule, Regulation or Order
of the Government and includes a certificate in electronic form
printed and issued by an Authorized Agent or an Authorized Service
Provider or /the State Electronic Records Repository on such special
stationery as may be prescribed by the respective departments ;
(f) “Competent Authority” means a Statutory Authority, empowered
under any Act, Rule, Regulation or Order of the Government to issue
a certificate or grant of a License, permit, sanction or approval or for
authorizing a payment or receipt on behalf of the Government ;
(g) “Digital Signature Certificate” means the certificate issued under subsection
(4) of Section 35 of the Act ;
(h) “Digitally Signed Database” means a collection of data or
information created, stored and managed in electronic form and
authenticated by a Statutory Authority or a Competent Authority
using his or her Digital Signature Certificate ;
(i) “Director of Electronic Service Delivery” means the official of the
Government notified as the Director of Electronic Service Delivery ;
(j) “Electronic Service Delivery” means 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 following the procedure
prescribed hereunder ;
(k) “Kiosk Operator” means the individual identified and retained by the
Authorized Service Provider or the Government as Authorized Agent ;
(l) “Public Service” means any service provided by the Government or
any of its agencies either directly or through any authorized service
provider, which shall include, inter alia, the receipt of forms and
applications, issue or grant of any license, permit, certificate, sanction
or approval and the receipt or payment of money ;
(m) “State Electronic Records Repository” within the Information
Technology & Communications department is an electronic
repository of the Departments’ Digitally Signed Records for the
purpose of accessing such certificates at a centralized/
decentralized locations and printing and delivering them to the
Citizens through courier or by post.
3. Use of Digital Signature Certificates for Electronic Service Delivery :
(a) It shall be lawful for the Competent Authorities and other Statutory
Authorities to deliver public services adopting the system of Electronic
Service Delivery with the use of Digital Signature Certificates, in
accordance with these rules.
(b) The nature of the license, permit, certificate, sanction or approval
and of the receipt or payment of money, which can be effected
under the system of Electronic Service Delivery , shall be such as
those notified by the Director of Electronic Service Delivery from time
to time.
(c) Any license, permit, certificate, sanction or approval delivered in
accordance with these rules shall be admissible in any proceedings,
without further proof or production of the original, as evidence of any
contents of the original or of any fact stated therein of which direct
evidence would be admissible.
(d) 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.
4. Duty of the Government to deliver all public Services through electronic
mode :-
(1) Every Competent Authority/ the Heads of the Department shall publish as
prescribed within one hundred and eighty days from the coming into
force of these Rules:-
(a) The public services of the department, agency or body which are
to be delivered through electronic mode;
(b) The date by which each such service shall be made available
through electronic mode;
(c) The manner of delivery of such services and their service levels;
(d) The designated officers for delivery of each such service through
electronic mode;
and, thereafter, review and update these publications every year.
(2) Notwithstanding anything stated above,
(a) all public services of each department, agency or body shall be
delivered in electronic mode within 5 years from the coming into
force of these Rules.
(b) the competent authority / the Heads of the Department, while
introducing electronic services, shall ensure that convenient
assisted access to such electronic services shall also be made
available.
5. Constitution and Powers of Director of Electronic Service Delivery
(a) The Government of Andhra Pradesh has laid out a clear vision to
create a knowledge society by using Information Technology in all
aspects of development and governance. Pioneering efforts are
being made to reach the benefits of Information Technology to the
citizens - urban and rural, rich and poor, literate and illiterate and has
created eSeva (Electronically Deliverable Services) to provide Citizen
Services.
(b) The Director of Electronic Service Delivery shall have the powers
specified in these rules, including the power to grant, suspend or
revoke authorization to the Authorized Service Providers, notification
of Information Technology systems as ‘protected systems’, within the
meaning assigned to the same under the Act, basing on the
satisfactory results of audit of systems engaged in Electronic Service
Delivery, and such other powers as the Government may notify from
time to time.
(c) It shall be the responsibility of the Director of Electronic Service
Delivery to ensure that the system of Electronic Service Delivery,
specified under these rules functions efficiently and effectively for the
benefit of the users.
6. Notification of Competent Authorities
(a) All the departments of the Government shall inform Director of
Electronic Service Delivery, the list of Competent Authorities in
respect of different public services and local limits of their respective
jurisdictions in the State. The information shall specify the nature of
such service, the names of the competent authorities, the period of
effectiveness of the authority and the extent of jurisdiction.
(b) It shall be the responsibility of the respective appointing/controlling
authorities of Competent Authorities to inform the Director of
Electronic Service Delivery immediately with respect to retirements,
transfers, suspensions or termination from services of employees
holding positions of Competent Authorities and also shall get these
changes implemented in their respective software applications
through their technology partners. The above process should be part
of charge handing over and taking over consequent on such
retirements, transfers, suspensions or termination from services of
employees.
(c) The Director of Electronic Service Delivery shall publish all such
notifications and changes appropriately in the State Portal for the
information of general public, the Authorized Service Providers for
Electronic Service Delivery and the Authorized Agents.
7. Authorized Service Providers for Electronic Service Delivery
(a) The Director of Electronic Service Delivery may authorize body
corporates suitably qualified, equipped for the purpose and selected
through the specified process to undertake activities required for
delivery of public services electronically.
(b) It shall be the responsibility of the Authorized Service Provider to
provide the notified services electronically to the users in conformity
with these rules, by establishing the required delivery infrastructure
and a network of Authorized Agents.
(c) The Authorized Service Providers shall be accountable for the
efficiency, quality and accuracy of the services provided. The
participating departments may, for this purpose, lay down norms on
the efficiency, quality and accuracy in provision of their respective
services, in the form of service levels.
8. Suspension and Revocation of Authorization by Director of Electronic Service
Delivery
(a) The Director of Electronic Service Delivery may, if he is satisfied after
making such enquiry, as he may think, that the Authorized Service
Provider or any authorized Agent appointed by such Authorized
Service Provider has made a statement in, or relation to, the
application for the issue or renewal of the authorization, which is
incorrect or false in material particulars; failed to comply with the
terms and conditions subject to which the authorization was granted;
failed to maintain the procedures and standards under this Act, any
rule, regulation or order made thereunder, revoke the authorization
of such Authorized Service Provider.
(b) The Director of Electronic Service Delivery may not revoke the
operation of an authorization unless the Authorized Service Provider
has been given a reasonable opportunity of showing cause against
the proposed revocation.
(c) The Director of Electronic Service Delivery may, if he has reasonable
cause to believe that there is any ground for revoking a authorization
under sub-rule (a), by order suspend such authorization pending the
completion of any inquiry ordered by him;
Provided that no authorization shall be suspended for a period
exceeding ten days unless a notice of 15 days is given to the
Authorized Service Provider by the Director of Electronic Service
Delivery, explaining the circumstances necessitating the revocation
of the authorization, examine the explanation, if any, submitted by
the Authorized Service Provider in response to such a notice, before
coming to a conclusion to revoke the authorization.
(d) As soon as may be after an authorization is revoked, the Director of
Electronic Service Delivery shall make alternative arrangements for
delivery of services electronically, to the extent they are adversely
impacted by such revocation.
(e) No Authorized Service Provider whose authorization has been
suspended or any Authorized Agent appointed by such Authorized
Service Provider shall provide any notified services electronically to
the users in conformity with these rules, during such suspension.
Where the authorization of a Authorized Agent is suspended or
revoked, the Director of Electronic Service Delivery shall publish
notices of such suspension or revocation, as the case may be, in the
State Portal.
9. Commencement of Operation by Authorized Service Provider
The Authorized Service Provider shall commence its commercial operation
for Electronic Service Delivery (ESD) only after –
(a) It has confirmed to the Director of Electronic Service Delivery the
adoption of procedures and standard specified under these rules;
and
(b) It has installed facilities and infrastructure associated with efficient
delivery of electronic services and in an error-free manner.
10. Requirements prior to Cessation as Authorized Agency
Before ceasing to act as an Authorized Service Provider, such an
Authorized Service Provider shall, give notice to the Director of Electronic
Service Delivery of its intention to cease acting as an Authorized Service
Provider:
Provided that
(a) the notice shall be made ninety days before ceasing to act as
Authorized Service Provider or ninety days before the date of expiry
of authorization;
(b) Advertise sixty days before the expiry of authorization or ceasing to
act as a Authorized Service Provider, as the case may be, the
intention in such daily newspaper or newspapers and in such manner
as the Director of Electronic Service Delivery may determine;
(c) The notice shall be sent to the Director of Electronic Service Delivery
and affected Authorized Agents by digitally signed email;
(d) Make a reasonable effort to ensure that discontinuing its certification
services, causes minimal disruption to its Authorized Agents and users.
11. Appointment of Authorized Agents by the Authorized Service Provider
(a) The Authorized Service Provider may appoint such number of
Authorized Agents, as may be needed to deliver the services
electronically in a manner convenient to the users, and in any case,
in a number calculated as per the norms prescribed by the Director
of Electronic Service Delivery in this regard.
(b) Selection Criteria of Authorized Agent by Authorized Service Provider:
Following stipulations are made for selection of Authorized Agents by
Authorized Service Provider -
(i) The Authorized Agent should be a village youth of same village
or neighboring village to the extent possible.
(ii) Essential minimum education qualification of the Authorized
Agent should be a 10th pass from any recognized board.
(iii) The Authorized Agent should be fluent in speaking, reading and
writing the local dialect as well as have base level knowledge
of English language.
(iv) The Authorized Agent should preferably have a certificate from
any computer institute showing that he/she knows the basic
operations of the computer and usage of standard
applications. Otherwise the Authorized Service Provider should
make arrangements for the selected Authorized Agent to be
trained in Basic Computer operations/ usage.
(v) The Authorized Agent should undergo a behavioral as well as
assessment test for Information Technology, Telugu and English
language skills.
(c) The Authorized Service Provider shall ensure that all the Authorized
Agents obtain Digital Signature Certificates before they are
permitted to deliver any public service electronically.
(d) The Authorized Service Provider may also impart appropriate
training to the Authorized Agent to impart them the skills required to
deliver the electronic services efficiently and in an error-free
manner.
(e) The Model Terms and Conditions for appointment of Authorized
Agents is at Annexure I and the Declaration to be signed by the
Authorized Agent for Delivering the Electronic Services is at
Annexure II.
12. Creation of repository of digitally signed electronic records by Government
Authorities
(a) All Government Authorities, Statutory Authorities or Certificate Issuing
Authorities, empowered by any Act, Rule, Regulation or order of the
Government, to issue any license, permit, certificate, sanction or
approval, may, as soon as can be, 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
software applications and workflow to enable electronic delivery of
such licenses, permits, certificates, sanctions or approvals as the case
may be. For such purpose, Head of the Department controlling
several Statutory Authorities or Government Authorities may establish
and maintain a centralized application and a repository of digitally
signed electronic records.
(b) The prescribed security procedures, as defined in the Information
Technology Act 2000, shall be followed by the Head of the
Department and the Government Authorities, Statutory Authorities
and Competent Authorities, in respect of the electronic data,
information, applications, repository of digitally signed electronic
records and Information Technology assets under their respective
control.
13. Procedure for making changes in a repository of digitally signed electronic
records
(a) Any Statutory Authority, Government Authority or Competent
Authority, either suo moto, 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 relevant Act, Rule, Regulation or Order.
(b) Any such authority shall have privileges for making or ordering
changes only in respect of the electronic records pertaining to their
own jurisdiction.
(c) Any change effected to any record in a repository of digitally signed
electronic records, and any addition or deletion of a record from
such repository of electronic records shall invariably be digitally
signed by the respective authority and an electronic audit trail of all
such changes shall be maintained.
14. Creation of secure application software for Electronic Service Delivery
(a) All the Departments of the Government participating in the scheme
of Electronic Service Delivery, shall get appropriate software
applications created, using which, the Statutory Authority,
Government Authority or Competent Authority, digitally signs 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.
(b) Every Authorised Service Provider shall create its own application
software in consultation with the respective departments, which will
enable such Authorized Service Providers to deliver electronic
services in accordance with these rules.
(c) Such application software shall, inter alia, possess the following
features and capabilities
(i) Secure Login of Authorized Agents and other employees of the
Authorized Agency, as are required to access the application
system, through use of Digital Signature Certificates;
(ii) Secure access of Authorized Agents, to the repositories of
digitally signed electronic records maintained by the
Government Authorities, Statutory Authorities and Competent
Authorities, for printing and delivery of the digitally signed
license, permit, certificate, sanction or approvals;
(iii) Assigning of a unique identification to each license, permit,
certificate, sanction or approval and to the voucher or receipt
issued by any authorized agent while providing electronic
services to the citizens;.
(d) The application software shall comply with the requirement of the
Information Technology (use of Electronic Records and Digital
Signatures) Rules 2004. The Director of Electronic Service Delivery shall
get such software application audited by a third party agency, as to
its security, reliability, performance and consistency, before it is
deployed by the Authorized Agency.
15. Delivery of Electronic Services by the Authorized Agent / Authorized Service
Provider/ Director of State Electronic Records Repository
(a) On a 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 Authorized Agent shall access
the respective departmental repository of digitally signed electronic
records through their secured application specified in Rule 14 above,
in respect of any license, permit, certificate or approval or the
database in respect of any payment or receipt.
(b) The Authorized Agent shall be permitted to have such access only
with the use of his or her digital signature certificate.
(c) The Authorized Agent shall accept the prescribed fees, tax, duty,
payment along with the applicable service charge, download the
related license, permit, certificate, sanction or approval or the
database record relating to any payment or receipt, print the
license, permit, certificate, sanction or approval from the repository
of digitally signed electronic records, or the payment voucher or
receipt from the relevant database, and print the document using
the secure application software.
(d) The document relating to any license, permit, certificate, sanction or
approval shall consist of the following information
(i) The license, permit, certificate, sanction or approval in the form
prescribed in the relevant Act, Rule, Regulation or Order;
(ii) The name and designation of the Competent Authority,
Statutory Authority or Government Authority who had digitally
signed the electronic record along with the date and time of
creation of such record;
(iii) A declaration automatically generated in the name and
designation of the current incumbent of the office of
Competent Authority, Statutory Authority or Government
Authority, to the effect that the electronic record was
preserved from the time it was originally signed digitally till
date, adopting the prescribed security procedure;
(e) The Authorized Agent shall issue a printed receipt for all payments
received.
16. Verification of Digitally Signed documents
(a) The respective participating department shall cause to be created a
system (portal/website) of online verification of any license, permit,
certificate, sanction, approval or receipt in a particular manner
delivered by any Authorized Agent/ State Electronic Records
Repository in the course of the delivery of any notified electronic
service.
(b) Any person or authority, desirous of verifying the authenticity of any
document or certificate issued under these rules, may access such
portal/website using the unique number printed on the document
sought to be verified.
17. Audit of the Information Systems and Accounts of Authorized Service
Provider
(a) The Director of Electronic Service Delivery may cause an audit to be
conducted of the records and accounts of the Authorized Agencies
in the State, at such intervals as deemed necessary by an agency
empanelled as an information security auditing organization.
(b) Such an audit may cover aspects such as the security, confidentiality
and the privacy of information, the functionality and performance of
any software application used in the Electronic Service Delivery and
the accuracy of accounts kept by the Authorized Agencies.
(c) It shall be incumbent on the Authorized Agencies to provide such
information and assistance to the audit agencies, to comply with the
directions given by the audit agencies and to rectify the defects and
deficiencies pointed out by the audit agencies.
18. Use of Special Stationery in Electronic Service Delivery
The special stationery used for delivery of the services shall be prescribed
by the respective departments. The Authorized Agencies shall use the said
special stationery for delivering the services.
19. Penalty for contravention of Rules
Whoever knowingly or intentionally contravenes any provisions of these rules,
for the contravention of which no punishment has been separately provided
in the Act, shall be punishable with imprisonment up to six months, or with
fine which may extend up to fifty thousand rupees, or both.
20. Penalty for committing fraud
Whoever knowingly or intentionally commits a fraud, causing wrongful loss to
any Government agency or to user, by fraudulent misuse of the Electronic
Service Delivery system, shall be punishable with imprisonment term that
may extend up to 3 years, and shall also be liable to fine.
21. Penalty for misrepresentation
Whoever makes any misrepresentation to, or suppresses any material fact
from the Director of Electronic Service Delivery for obtaining any
authorization, shall be punished with imprisonment for a term which may
extend to two years, or with fine which may extend to one lakh rupees, or
with both.
22. Guidelines to the participating Departments to create a secured application
for processing the requests:.
The Powers are vested with Director of Electronic Service Delivery to issue the
regulations consistent with the Act, and any rules made there under, by the
Central or State Government, to carry out the purposes of these Rules, which
may including the following aspects:
(a) the manner of creating, establishing and maintaining the repository
of digitally signed electronic records specified in Chapter 4 of the
act;
(b) the manner of encrypting sensitive electronic records requiring
confidentiality, while they are digitally signed;
(c) the manner of implementing the security guidelines, including the
requirements for the storage and management of cryptographic
keys, restrictions for downloading the certificates onto browsers and
of complying with the requirements of Competent Authorities;
(d) the requirements for maintaining audit trails of all changes made to
digitally signed databases, specified in Rule 13;
(e) the manner of digitally signing the event of deletion of a record from
the repository of digitally signed electronic records,;
(f) the manner of provisioning secure access to the repository of digitally
signed electronic records and
(g) the manner of storage and management of the Digital Signature
Certificates of the Authorized Agents.
(h) the norms on the service levels to be complied with by the Authorized
Agency.
(i) the format or formats of the documents and declarations referred to
therein,
(j) procedure for online verification of transactions, envisaged in Rule 16.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
SANJAY JAJU
SECRETARY TO GOVERNMENT
To
The Commissioner of Printing, Stationery & Stores Purchase, A.P., Hyderabad
with a request to publish the Notification in the A.P. Gazette and furnish 100
copies to the Director, EDS, Hyderabad and 50 copies to Government, IT&C
Department.
The Director, EDS, Hyderabad
All the Joint Collectors of A.P.
Copy to:
All Departments
All the District Collectors of A.P.
//FORWARDED :: BY ORDER//
SECTION OFFICER
Annexure I
[See Rule 11 (e) of the Andhra Pradesh Information Technology (Electronic Service Delivery)
Rules, 2011]
Model Terms and Conditions for appointment of Authorized Agents
The terms and conditions for the functioning of the Authorized Agents shall inter
alia include the following–
(1) The Authorized Agent shall establish infrastructure and information
technology resources as per the prescribed standards and
requirement;
(2) The Authorized Agent shall render all the notified and permitted
services as per the provisions of these Rules;
(3) The Authorized Agent shall maintain an accurate audit trail of all
operations;
(4) The Authorized Agent shall print the correct information or document
without any errors, omissions or misrepresentations as available in the
electronic form on the prescribed stationary.
(5) The Authorized Agent shall use the Electronic Service Delivery (ESD)
for purposes specified in these Rules, avoiding unauthorized, illegal or
malafide uses of ESD systems.
(6) The Authorized Agent shall maintain appropriate security controls to
protect its information technology resources and processing facilities
as prescribed by the Authorized Agency.
(7) The Authorized Agent shall attend the training as prescribed by the
Authorized Service Provider for efficient rendering of services to the
users.
(8) The Authorized Agent shall accept any other related obligation(s) as
may be notified under the Rules and any Regulations or Order made
thereunder;
(9) The Authorized Agent shall acknowledge that every such
appointment as an Authorized Agent under the Rules, is not
transferable or heritable.
Annexure II
[See Rule 11 (e) of the Andhra Pradesh Information Technology (Electronic Service Delivery)
Rules, 2011]
Declaration to be signed by the Authorized Agent for Delivering
the Electronic Services
I, …………………………, having been appointed as an Authorized Agent by M/s.
……………… (Name of the Authorized Service Provider) having its registered
office at ………….. , to electronically deliver services as notified under the AP
Information Technology (Electronic Service Delivery ) Rules 2011 with the
location of my IT Center / kiosk / Common Service Centre at ………………….
(location), make the following declaration.
(1) That the computer output in the form of computer printouts attached
herewith is the correct representation of its original as contained in
the computer systems accessed by me for providing the service.
(2) That the information contained in the computer printouts has been
produced form the aforesaid computer systems during the period
over which the computer was used regularly.
(3) That during the said period, information of the kind contained in the
computer printout was regularly recorded by the aforesaid computer
systems in the ordinary course of the activities.
(4) That throughout the material part of the said period, the computer
was operating properly, and there have been no such operational
problems that affect the accuracy of the electronic record
contained in the aforesaid computer systems.
That the matter stated above is correct to best of my knowledge and belief.
Signature of AA:
Name of AA:
Public Key of Digital Signature of AA:
Date:
Place: