The Madhya Pradesh Information Technology (Electronic Service Delivery) Rules, 2017

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The Madhya Pradesh Information Technology (Electronic Service Delivery) 
Rules, 2017 
 
1. Short Title and Commencement 
2. Definitions 
3. System of Electronic Service Delivery 
4. Duty of the Competent Authority to notify the list of public services to be delivered through 
electronic mode 
5. Notification of signing authorities 
6. Powers and Functions of Director of Electronic Service Delivery 
7. Authorised Service Providers for Electronic Service Delivery 
8. Appointment of authorised agents by the Authorised Service Provider 
9. Commencement of operations by Authorised Service Provider 
10. Authorised Service Provider to collect service charge 
11. Fee to be collected by service provider 
12. Remittance of service charge and fee by the service provider 
13. Presumption with regard to service charge paid to service provider and other conditions of 
obtaining e-services 
14. Receipt or payment of money by or in favour of Government adopting the system of Electronic 
Service Delivery  
15. Filing of form, application or any other document 
16. Issue or grant of any license, permit, sanction or approval 
17. Creation of repository of digitally signed electronic records 
18. Procedure for making changes in a repository of digitally signed electronic records 
19. Creation of secure application software for Electronic Service Delivery 
20. Delivery of e-Services by the Authorised Service Provider or Authorised Agent 
21. Verification of Digitally Signed documents 
22. Audit of the Information Systems and Accounts of Authorised Service Provider and authorised 
agents 
23. Use of special stationery in Electronic Service Delivery 
24. Repeal And Saving 
 
  
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The Madhya Pradesh Information Technology (Electronic Service Delivery) 
Rules, 2017 
:: NOTIFICATION:: 
Dated, 03/07/2017  
No-F 8-2/2016/Forty one(2) : -In exercise of the powers conferred under section 90 read with sections 6 
and 6A of the Information Technology Act, 2000, (No. 21 of 2000) and in supersession of the Department 
notification no. F 3 -1/2007/Fifty six, date 12/07/2011 the Government of Mad hya Pradesh hereby makes 
the following rules, namely:  
Rules 
1. Short Title and Commencement.- 
(1) These rules may be called the Madhya Pradesh Information Technology ( Electronic Service 
Delivery) Rules, 2017.  
(2)They shall come into force on the date of their publication in the Official Gazette.  
 
2. Definitions.- 
( 1)  In these rules, unless the context otherwise requires.-  
(a) "Act" means the Information Technology Act, 2000;  
(b) "authorised agent " means an agent of the Authorised Service Provider and includes an 
operator of an electronically enabled kiosk or front office who is permitted to deliver public 
services to the users with the help of a comput er resource or any communication device, by 
following the procedure specified under these rules;  
(c) "Authorised Service Provider" means an agency including a body corporate or an Agency of 
the Government,  authorised by the Director of Electronic Service Delivery,   to establish and 
manage a system of delivering services electronically, in accordance with these rules;  
(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 required to be issued by an authority empowered under the 
respective Act, rule, regulation or order of the Government to issue a certificate to confirm the 
status. right or responsibility of a person, either 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 delivered by an Authorised Service Provider with electronic signature on such 
stationery as may be determined by the Director of Electronic Service Delivery;  
(f) "Competent Authority " means the Secretaries to the Government, the Head of every 
Department of the State Government and the Heads of Government Organisations and 
Government Bodies, as notified by the State Government from time to time;  
(g) Director of Electronic Service Delivery" means the official of the Government notified as the 
Director of Electronic Service Delivery;  
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(h) "e-service", means a service as may be specified by notification and delivered electronicall y to 
the users;  
(i) "electronic service delivery " means the delivery of public services in the form of receipt of 
forms and applications, delivery of any license, permit, certificate, sanction or approval and the 
receipt or payment of money by electronic means or any other such public service rendered b y 
following the procedure specified under these rules;  
(j) "Government" means the Government of Madhya Pradesh;  
(k) "public service" means any service provided by the Government either through its Competent 
Authorities or any of its agencies either directly or through any authorized service provider, which 
shall include, inter alia, the receipt of forms and applications, delivery of any license, permit, 
certificate, sanction or approval and the receipt or payment of money;  
(l) "service charge" means the amount as may be specified by the Government to be payable to 
the Authorised Service Provider for electronic delivery of services rendered and does not include 
any duly authorised taxes, charges, dues or any other moneys due in respect of a ser vice 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;  
(m) "signing authority " means  an authority empowered under the respective Act, rules, 
regulations or order of the Government to issue any license, permit, certificate, sanction or 
approval;  
(n) "Specified" means specified by notification in the Official Gazette by the concerned 
Government;  
(o) “Electronic signature ” means authentication of any electronic record by a subscriber by 
means of the electronic technique in the second schedule and includes digital signature.  
(p) "State Electronic Records Repository " means an electronic repository of all electronically 
signed records, maintained by Competent Authorities, for the purpose of accessing such records 
and delivering them to the citizens.  
(2)  Words and  expressions used and not defined in these rules but defined in the Act shall have the 
same meanings assigned to them in the Act.  
3. System of Electronic Service Delivery.- 
( 1) For the purpose of efficient de livery,  the Government may authorise an Authorised Service 
Provider to deliver public services through electronically enabled kiosks or any other mechanism for 
electronic service delivery. 
Explanation.- It is hereby clarified that the present rules provide for th e administration of e -service 
delivery through Authorised Service Providers and authorised agents whereas other mechanisms of e -
service delivery such as State Online portal, Government departmental outlets and online services 
provided to the users directly  on the web shall be administered in the normal manner by the respective 
Government departments and agencies.  
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(2) The  form of application and the format of certificate issued under these rules in relation to any e -
service shall be such as may be specified by the Government.  
 
4. Duty of the Competent Authority to notify the list of public services to be delivered through 
electronic mode.- 
 (1) Every Competent Authority shall notify within a period of one hundred and eighty days from the  
coming in to force of these rules,-  
(a) the public services of the department, agency or body which can be delivered through electronic 
mode;  
(b) the date by which each such service shall be made available through  electronic mode;  
(c) lay down norms for efficiency, quality and accuracy in the form of service levels; and  
(d) the designated officers for delivery of each such service through electronic mode.  
(2) The Competent Authority shall thereafter, review and update these public ations every year or as 
frequently as required.  
 
5. Notification of signing authorities.- 
( 1) The Competent Authorities shall notify the list of signing authorities in respect of different public 
services and local limits of their respective jurisdiction s in the State duly specifying the nature of such 
service, the names of the signing authorities, the duration of the authority and the extent of jurisdiction 
of each such authority.  
(2) The Competent Authorities shall inform the Director of Electronic Service Delivery immediately 
with respect to  retirements, transfers, suspensions or termination from services of employees holding 
positions of signing authorities.  
(3) The sig ning authorities shall also inform their Competent Authorities immediately with  respect to 
their retirements, transfers, suspensions and terminations and the Competent Authorities shall get the 
changes mentioned in clause (2) implemented in their respective application software.  
 
6. Powers and Functions of Director of Electronic Service Delivery.-  
(1) Collecting the list of all such services where provide the electronic before that rule & published 
including service provider, process charge, legal fee, service provider system & source through delivered 
service.  
 (2)  The Director of Electronic Service Delivery shall discharge the following functions and powers, 
namely:-  
(a) to authorise, suspend or terminate the services of the Authorised Service Providers;  
(b) to determine norms relating to the selection of authoris ed agents by the Authorised Service 
Providers;  
(c) to determine functions, responsibilities and liabilities of Authorised Service Providers and 
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authorised agents;  
(d) to determine norms on the service levels to be complied with by the Authorised Service 
Providers and authorised agents;  
(e) to determine service charges to be charged by the Authorised Service Providers and authorised 
agents for providing e-services;  
(f) to determine terms and conditions relating to the authorisation, suspension or termina tion of the 
services of the Authorised Service Providers and authorised agents; and  
(g) to make alternative arrangements for delivery of e -services, in case of such suspension or 
termination of services of Authorised Service Providers and authorised agents.  
 
7. Authorised Service Providers for Electronic Service Delivery.- 
The Authorised Service Provider shall provide the notified public services electronically to the users in 
conformity with these rules, by establishing appropriate delivery infrastructure and a network of 
authorised agents, as determined by the Director of Electronic Service Delivery.  
 
8. Appointment of authorised agents by the Authorised Service Provider- 
(1) The Authorised Service Provider may appoint such number of Authorised Agents, as may be 
required to deliver the services electronically to fulfil the norms of efficiency, quality and accuracy laid 
down by the Competent Authority.  
(2) The Authorised Service Provider shall ensure that he as well as all the authorised agents obtain 
Digital Signature Certificates before they commence operations for delive ry of public service 
electronically.  
(3) The Authorised Service Provider may also impart appropriate training to the authorised agent to 
impart them the skills required to deliver the electronic services efficiently and in an error-free manner.  
 
9. Commencement of operations by Authorised Service Provider.-  
The Authorised Service Provider shall commence its commercial operation for Electronic Service 
Delivery only after-  
(a) he has confirmed in writing or through e -mail duly signed by digital signature to the Director of 
Electronic Service Delivery with respect to the adoption of procedures and standards specified under  
these rules; and  
(b) he has installed facilities and infrastructure needed for efficient delivery of electronic services and 
in an error-free manner in terms of norms laid down by the Director of Electronic Service Delivery and 
confirm the same in writing or through e -mail duly signed by digital signature to the Director of 
Electronic Service Delivery.  
 
10. Authorised Service Provider to collect service charge.- 
(1) The application for an e -service submitted by a user to an Authorised Service Provider or an 
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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.  
(2) The Director of Electronic Service Delivery may determine service charges by notification for e -
services.  
(3) The service charges may be different for different e-services such as,-  
(a) the status enquiry;  
(b) print-outs related to e-services;  
(c) the scanning of documents related to e-services;  
(d) the acknowledgement receipt; and  
(e) any other e-service.  
(4) The service charge shall not include any duly authorised taxes, charges, dues or any other moneys 
due in respect  of a service payable by a ny 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.  
 
11. Fee to be collected by service provider.- 
(1) Any fee or duly authorised taxes, charges, dues or any other moneys 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 
authorised 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.  
(2) The fee collected by the Authorised Service Provider or the authorised agent shall be remitted with 
the Government treasury as may be determined by the Director of Electronic Service Delivery as the 
case may be.  
  
12. Remittance of 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 b y the 
Director of Electronic Service Delivery may be apportioned to the Government.  
(2) The share of the Government out of the service charge so collected shall be remitted by the 
Authorised Service Provider or the authorised agent to Government treasury as may be determined by 
the Director of Electronic Service Delivery.  
13. Presumption with regard to service charge paid to service provider 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 
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in the relevant form and manner as may be determined by the Dire ctor 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 conce rned 
regarding obtaining the notified e-services.  
(3) It would not be sufficient merely to make payment to  all conditions associated with delivery of the 
service are not met fully at the time of making payment to the Authorised Ser vice 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.  
 
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 Madhya Pradesh using the application software specified by it.  
(2) The office, authority, agency or Authorised Service Provider referred to in sub -clause ( 1) shall, 
while developing such software, take into account the following features of the electronic record, 
namely:-  
(a) life time;  
(b) preservability;  
(c) accessibility;  
(d) readability;  
(e) comprehensibility in respect of linked information;  
(f) evidentiary value in terms of authenticity and integrity;  
(g) controlled destructibility; and  
(h) augmentability.  
  
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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.  
(2) The license, permit, certificate, sanction or approval so issued shall be in the form prescribed in the 
respective  Act, rule, regulation or order and shall contain the name and designation of the signing 
authority who had digitally signed and approved the electronic record along with the date and time of 
creation of such record.  
 
17. Creation of repository of digitally signed electronic records.- 
(1) The Competent Authorities 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 Providers or the authorised 
agents to access such licenses, permits, certificates, sanctions or approvals, as the case may be, and 
deliver them to the user.  
(2) The relevant security procedures, as specified by the Government, shall be followed by such 
Competent Authorities, in respect of the electronic data, information, applications, repository of 
digitally signed electronic records and information technology assets under their respective control.  
 
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.  
(2) Any such au thority shall have privileges for making or ordering changes on ly in respect of the 
electronic records pertaining to its own jurisdiction.  
(3) 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.  
 
19. Creation of secure application software for Electronic Service Delivery.- 
(1) The Competent Authorities 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 p arty agency, so as to ensure its security, reliability, performance and 
consistency, before it is deployed.  
(2) Every such application software shall, inter alia, possess the capability to assign a unique  
identification to each license, permit, certificate, sanction or approval.  
(3) Every Authorised Service Provider shall create its own application software in consultation with 
the respective Competent Authorities, which shall enable such Authorised Service Providers to deliver 
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electronic services in accordance with these rules.  
(4) Every such application software created either by the Competent Authority or the Authorised 
Service Provider shall, inter alia, possess the following features and capabilities, namely:-  
a) secure Login of Authorised Agents, as are required to access the application system, through use 
of  Digital Signature Certificates;  
b) secure access of Authorised Agents, to the repositories of digi tally signed electronic records 
maintained by the Competent Authorities, for printing and delivery of the digitally signed 
license, permit, certificate, sanction or approvals; and  
c) to assign an unique identification to the voucher or receipt issued by any authorised agent while  
providing electronic services to the citizens.  
(5) The Director of Electronic Service Delivery shall get such application software audited by a third 
party agency, as to ensure its security, reliability, performance and consistency, before it is deployed 
by the Authorised Service Provider and also as and when changes are made in the application software.  
 
20. Delivery of e-Services by the Authorised Service Provider or Authorised Agent.- 
(1) On a request made by a use 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 sign ed 
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  
(2) The Authorised Service Provider or the authorised agent shall  be permitted to have such access 
only with the use of its digital signature certificate.  
(3) The Authorised Service Provider or the authorised agent shall accept the specified fees, tax, duty or 
payment along with the service charge, down load the relate d 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 
and the secure stationery.  
 
21. Verification of Digitally Signed documents.- 
(1) The Competent Authorities shall cause to be created a 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.  
(2) Any person or authority, desirous of verifying the authenticity of any document or certificate issued 
under these rules. may access such portal or the website using the unique identification printed on the 
document sought to be verified.  
 
22. Audit of the Information Systems and Accounts of Authorised Service Provider and authorised 
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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 a nd their authorised agents in the State at such 
intervals as deemed necessary by an agency empanelled as an information security auditing 
organization.  
(2) The audit referred to in sub-rule (I) may cover aspects such as security, confidentiality and priva cy 
of information, the  functionality and performance of any application software used in the electronic 
delivery of services and the accuracy of accounts kept by the Authorised Service Providers and their 
authorised agents.  
(3) It shall be incumbent on th e Authorised Service Provider and their authorised agents to provide 
such information and assistance to the audit agencies appointed by the Director of Electronic Service 
Delivery to comply with the  directions given by the audit agencies and to rectify the  defects and 
deficiencies pointed out by the audit agencies.  
 
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, licenses, permi ts, certificates, receipts of payment and such 
other documents as part of the Electronic Service Delivery.  
(2) The certificates, licenses and permits shall carry a declaration in the format as may be determined 
by the Director of Electronic Service Delivery.  
 
24. Repeal And Saving:  
(1) The Madhya Pradesh Information Technology (Regulation of Electronic Delivery of Citizen 
Services and Appointment of Service Provider)  Rules, 2011 are hereby repealed.  
(2) Notwithstanding the repeal of the said rules, anything done or any action taken under the 
said rules shall be deemed to have been done or taken under the corresponding provisions of 
these rules.  
 
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