This is a continuation of the previous article in the same subject: 

Jurisdiction:
Under section 20 of EDSB-2011, the provisions of this act will have overriding effect against other laws. This means that provisions of this act will prevail both over legacy laws of Governance and also ITA 2008.

However under Section 1(2) the Act will extend to the whole of India (note the exclusion of including Jammu and Kashmir
found in ITA 2000) and for contravention or offence committed outside India.

By not mentioning Jammu and Kashmir, the act is a dilution of the sovereignty of India over Jammu and Kashmir which ITA
2008 had circumvented. Also since Jammu and Kashmir cannot be considered as being “Outside India”, it becomes an island where neither the act is applicable nor any contraventions become accountable.

Applicability:

Under Section 2(g) “Electronic Delivery of Services” 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 by following the procedure specified hereunder;

However the definitions have omitted to define what “Electronic Means” imply. There is a definition of “access”, “Communication device”,  “Computer resource” imported from ITA 2008 but a general clause to say “Where required meaning of terms will be same as used in ITA 2008” would have been in order. (To Be continued)

Naavi of Naavi.org

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