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© [Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2016 [Price: Rs. 5.60 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
PUBLISHED BY AUTHORITY
No. 49] CHENNAI, WEDNESDAY, DECEMBER 14, 2016
Karthigai 29, Thunmugi, Thiruvalluvar Aandu – 2047
Part III—Section 1(a)
General Statutory Rules, Notifications, Orders, Regulations, etc.,
issued by Secretariat Departments.
NOTIFICATIONS BY GOVERNMENT
CONTENTS
Pages.
LABOUR AND EMPLOYMENT DEPARTMENT
Amendments to the Tamil Nadu Beedi and Cigar Workers (Conditions of Employment)
Rules .. .. .. .. .. .. 80-84
INFORMATION TECHNOLOGY DEPARTMENT
The Tamil Nadu Information Technology (Electronic Service Delivery) Rules, 2016. 84-91
DTP—III-1(a) (49)—1 [ 79 ]80 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
NOTIFICATIONS BY GOVERNMENT
LABOUR AND EMPLOYMENT DEPARTMENT
Amendments to the Tamil Nadu Beedi and Cigar Workers (Conditions of Employment) Rules.
[G.O. Ms. No. 226, Labour and Employment (K2), 25th November 2016, 裘ˆF¬è 10,
¶¡ºA, F¼õœÀõ˜ ݇´-2047.]
No. SRO A-25/2016.—In exercise of the powers conferred by sub-sections (1) and (2) of Section 44 of the Beedi and
Cigar Workers (Conditions of Employment) Act, 1966 (Central Act 32 of 1966), the Governor of Tamil Nadu hereby
makes the following amendments to the Tamil Nadu Beedi and Cigar Workers (Conditions of Employment) Rules, 1968,
the draft of the same have been previously published as required under sub-section (3) of the said Section 44 of the
said Act.
AMENDMENTS
In the said Rules,-
(1) in rule 35, in sub-rule (ii), for the expression “an annual return”, the expression “a combined annual return” shall
be substituted;
(2) for FORM No. XII, the following FORM shall be substituted, namely:-
“FORM No. XII
[See sub-rule (ii) of Rule 35]
Combined Annual return for the Year ending the 31st March 20....
1. Name of the Industrial premises :
2. Full Postal Address of the Industrial premises
with Phone No., Fax No. and E-mail :
3. Licence No. :
4. Validity of the Licence :
5. Name of the Employer with Mobile No. and
E-mail :
6. Name and address of the ManagerIAuthorised
Person with Mobile No. and E-mail :
7. Average Number of employees employed daily
in the industrial premises,-
(a) Men :
(b) Women :
(c) Young Person :
(i) Male :
(ii) Female :
Total :
8. Average number of home workers employed
monthlyin the industrial premises :
9. Weekly Holiday :
10. Number of days worked during the year in the
industrial premises :Dec. 14, 2016] TAMIL NADU GOVERNMENT GAZETTE 81
11. Daily hours of work and spread over :
12. Normal hours worked per week :
13. Total Amount of salary/wages paid including
Over Time Wages and Allowances :
14. Number of employees whose employment is
ceased/suspended:-
(i) Number of employees discharged/
dismissed/terminated/resigned/retired/
expired during the year :
(ii) Amount of compensation paid :
(iii) Number of employees suspended during
the year :
(iv) Amount of subsistence allowance paid :
15. Wages:-
(i) Total wages paid including deductions,-
(a) Basic wage :
(b) Dearness Allowance :
(c) Over Time Wage :
(d) Non-profit sharing bonus :
(e) Other allowances in cash :
(f) Arrears of pay in respect of previous
year paid during the year :
(ii) Number of persons whose wages does not
exceed Rs.18,000/-* per month (*subject to
change as and when the Government of
India Notifies).
Men :
Women :
Young Person :
(iii) Details of money value concession :
(iv) Particulars of Deductions made from wages:-
Deductions as Number of Employees involved Total Amount of Deductions Made
(a) Fines :
(b) Damages/Loss :
(c) Breach of Contract :
(d) Others :
Total :
(v) Wage Period :
(vi) Total wages paid in cash :
(vii) Total cash value of the wages paid
in kind :
DTP—III-1(a) (49)—1a82 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
(viii) Disbursement from Fines Purpose Amount
(a)
(b)
(c)
(ix) Balance of fine in hand at the end of
the year :
(x) Details of remittances of fines collected
towards Tamil Nadu Labour Welfare
Fund:-
(a) Mode of Payment :
(b) Amount :
16. Leave:-
(i) Number of employees eligible for
earned leave :
(ii) Number of employees employed in Young Persons :
the industrial premises who were
granted leave during the calendar year Others :
(iii) Number of employees paid wages/salary
in lieu of earned leave :
17. Welfare Measures provided:-
(i) Creches :
(ii) Washing Facilities :
(iii) Fire Extinguisher :
(iv) First-aid box :
18. Maternity Benefits:
(i) Benefits for Number of Employees Total amount paid
employed in Industrial
premises/homes,
received the Benefits
(a) Miscarriage
(b) Confinement
(c) Illness
(d) Medical Bonus
Total
(ii) Number of women who gave notice
under Section 6 of the Maternity
Benefit Act, 1961 :
(iii) Number of women who were
granted permission to absent on
receipt of notice of confinement :
(iv) Cases in which payment was made Number :
to persons other than the woman
concerned : Amount Paid :
(v) Cases in which payment was made Number :
on the order of the Appellate
Authority or Inspector : Amount Paid :Dec. 14, 2016] TAMIL NADU GOVERNMENT GAZETTE 83
(vi) Claims for maternity benefit rejected : Number :
Amount not Paid :
(vii) Claims for medical bonus rejected : Number :
Amount not Paid :
(viii) Cases in which leave for miscarriage Number :
was applied for but was rejected :
Amount not Paid :
(ix) Cases in which additional Leave for Number :
Illness under Section 10 was applied
for but was rejected : Amount not Paid:
(x) Women deprived of maternity benefit Number :
and or medical bonus under proviso
to sub-section (2) of Section 12 of
the Maternity Benefit Act, 1961 : Amount not Paid :
(xi) Number of cases where prenatal
confinement and post-natal care was
provided by the management free of
charge under Section 8 of the
Maternity Benefit Act, 1961 :
19. Bonus:-
(i) Number of employees benefited
by bonus payments :
(ii) Percentage of Bonus declared :
(iii) Total amount of Bonus Paid :
(iv) Date of Payment :
20. Conferment of Permanent Status:-
(i) Number of non-permanent workmen
who have completed 480 days of
continuous service :
(ii) Number of workmen made permanent
during the period :
(iii) Number of workmen yet to be made
permanent during the period :
(iv) Reasons for delay :
21. Contract Labour:-
(i) Name and addresses of the
Contractors :
(ii) Period of Contract :
(iii) Nature of work/operations on which
contract labour was employed :
(iv) Maximum number of workers
employed by each contractor :
(v) Number of days worked :
(vi) Number of mandays worked :84 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
22. Inter-State Migrant Workmen:-
(i) Name and addresses of the
Contractors in Home State :
(ii) Name of the Principal Employer in
Host State (Tamil Nadu) :
(iii) Period of contract :
(iv) Nature of work/operations on
which migrant labour was employed :
(v) Maximum number of migrant workmen
employed by each contractor :
(vi) Number of days worked :
(vii) Number of mandays worked :
(viii) Amount of displacement
allowance paid :
(ix) Amount of outward and return
journey allowance paid :
(x) Amount of wages for outward and
return jounrneys paid :
Date :
Place : Signature of Employer.
P. AMUDHA,
Secretary to Government.
INFORMATION TECHNOLOGY DEPARTMENT
The Tamil Nadu Information Technology (Electronic Service Delivery) Rules, 2016.
[G.O. Ms. No. 13, Information Technology (e-Gov.I), 2nd December 2016,
裘ˆF¬è 17, ¶¡ºA, F¼õœÀõ˜ ݇´-2047.]
No. SRO A-26/2016.—In exercise of the powers conferred by Section 90 read with Sections 6 and 6A of the
Information Technology Act, 2000 (Central Act 21 of 2000), the Governor of Tamil Nadu hereby makes the following
rules:—
RULES
1. Short Title and Commencement:
(1) These rules may be called the Tamil Nadu Information Technology (Electronic Service Delivery) Rules, 2016.
(2) They shall extend to the whole of the State of Tamil Nadu.
(3) 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, (Central Act 21 of 2000);
(b) “Authorized Agent” means an agent of the authorized 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
computer resource or any communication device, by following the procedure specified under these rules;
(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;Dec. 14, 2016] TAMIL NADU GOVERNMENT GAZETTE 85
(d) “Body Corporate” means any company or body established under any Law, 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, Regulations or Order of the
Government and includes a certificate in electronic form printed and delivered in such form as may be specified by the
Government or such authority authorized to do so;
(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 and includes Secretaries to Government, Heads of Government Departments,
Boards, Organizations, Bodies, Universities, Local Bodies etc. at the State, District, Sub-District and village levels;
(g) “Digital Signature Certificate” means the certificate issued under sub-section (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) “e-Service” means a service as may be specified by notification and delivered electronically to the users;
(k) “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 by following the procedure specified under these rules;
(l) “Government” means the Government of Tamil Nadu;
(m) “Notification” means a notification published in the Official Gazette;
(n) “Official Gazette” means the official gazette of the Government;
(o) “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;
(p) “Service Charge” means the amount as may be specified by the Director of Electronic Service Delivery 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 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;
(q) “Signing Authority” means an authority empowered under the respective Act, rules, regulations or order of the
Government or Competent Authority to issue any license, permit, certificate, sanction or approval;
(r) “Specified” means specified by notification in the Official Gazette by the Government or by the Competent
Authority or Director of Electronic Service Delivery;
(s) “State Electronic Records Repository” means a collection of all electronically signed electronic records, stored
and managed in accordance with these rules.
(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 delivery, the Government may authorise one or more Authorised Service Providers 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 the administration of e-service delivery through
Authorised Service Providers and authorized 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.
(2) The form of application and format of certificate issued under these rules in relation to any e-service shall be such
as may be specified by the Government or by the Competent Authority concerned.86 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
4. Use of Digital Signature Certificates for Electronic Service Delivery:-
(1) 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.
(2) 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 specified by the Director of
Electronic Service Delivery from time to time.
(3) 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.
5. Duty of the Competent Authority to deliver notified public Services, through electronic mode:-
(1) Every Competent Authority who is a Head of Department shall notify within a period of one hundred and eighty
days from the coming into 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) 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) The Competent Authority shall thereafter, review and update these publications every year or as more frequently
as required.
(3) 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.
6. Notification of Competent and Signing Authorities:-
(1) All the Departments of the Government shall inform the 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, and the list
of Signing Authorities where they are distinct from the Competent Authorities. The information shall specify the designation
and names of the Competent/Signing authorities, the nature of such service, the period of effectiveness of the authority
and the extent of jurisdiction.
(2) The respective Appointing/Controlling Authorities of the Competent Authorities shall inform the Director of Electronic
Service Delivery immediately with respect to retirements, transfers, suspensions or terminations from services of employees
holding positions of the Competent Authorities.
(3) The respective Competent Authorities shall inform the Director of Electronic Service Delivery immediately with
respect to retirements, transfers, suspensions or terminations from services of employees holding positions of the Signing
Authorities.
(4) The Signing Authorities shall also inform their Competent Authorities immediately with respect to their retirements,
transfers, suspensions and terminations.
(5) The Competent Authorities shall get the changes mentioned in clause (2) implemented in their respective application
software.
(6) The above process should be part of the charge handing over and taking over consequent on such retirements,
transfers, suspensions and terminations.
(7) 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.Dec. 14, 2016] TAMIL NADU GOVERNMENT GAZETTE 87
7. Functions and Powers of Director of Electronic Service Delivery:-
(1) The Director of Electronic Service Delivery shall discharge the following functions and powers, namely:-
(a) to authorise, suspend or terminate the services of the Authorized Service Providers;
(b) to determine norms relating to the selection of authorised agents by the Authorised Service Providers;
(c) to determine functions, responsibilities and liabilities of Authorised Service Providers and 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 termination of the services of
the Authorised Service Providers and authorised agents;
(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.
(h) to notify Information Technology systems as ‘protected systems’, within the meaning assigned to the same
under the Act, based on the satisfactory results of audit of systems engaged in Electronic Service Delivery.
(i) such other powers as may be notified by Government from time to time.
(2) Director of Electronic Service Delivery may delegate any of his powers to any official of Government of
Tamil Nadu or Autonomous Body/Local Body of Government of Tamil Nadu through an Administrative Order.
8. Authorised Service Providers for Electronic Service Delivery:-
(1) The Director of Electronic Service Delivery may authorize Service providers, suitably qualified, equipped for the
purpose and selected by following due process to undertake activities required for delivery of public services electronically.
(2) 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.
(3) 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.
9. 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 Director of Electronic
Service Delivery.
(2) The Authorised Service Provider shall ensure that he as well as all the Authorised Agents obtain Digital Signature
Certificates according to their service delivery requirements before they commence operations for delivery of public service
electronically.
(3) The Authorised Service Provider may also impart appropriate training to the authorised agent so as to enable
them to acquire the skills required to deliver the electronic services efficiently and in an error-free manner.
10. Commencement of operations by Authorised Service Provider:-
The Authorised Service Provider shall commence its commercial operation for Electronic Service Delivery
only after –
(1) it has confirmed to the Director of Electronic Service Delivery the adoption of procedures and standards specified
under these rules; and
(2) it has installed facilities and infrastructure associated with efficient delivery of electronic services and in an
error-free manner.
11. 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 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/any other acceptable payment mode depending on the feasibility at the service location to the
Authorised Service Provider, at the time of making the application.
DTP—III-1(a) (49)—288 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
(2) The Director of Electronic Service Delivery may determine service charges, receipt format and the mode of
payment for e-services by notification. The service charges may be revised once in two years.
(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 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.
(5) The Authorized Service Provider/Authorised Agent shall issue a receipt for all payments received.
12. Fee to be collected by Authorised 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.
(2) The fee collected by the Authorised Service Provider or the Authorised Agent shall be remitted with the Government
Treasury or the account of the Competent Authority concerned, in its entirety.
13. Apportioning of service charges:-
(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, may be apportioned to the authorities
specified by the Director of Electronic Service Delivery.
(2) Such apportioned share due to such authorities shall be remitted by the Authorised Service Provider or Authorised
Agent to the account of such Authority following the procedure as may be specified by the Director of Electronic Service
Delivery.
14. 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 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 shall 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.
15. 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.
16. Filing of form, application or any other document:-
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
Tamil Nadu using the application software specified by the Competent Authority or Government.Dec. 14, 2016] TAMIL NADU GOVERNMENT GAZETTE 89
17. 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 mentioned under rule 16.
(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.
18. Creation of 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. 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.
(2) The prescribed security procedures, as defined in the Act 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.
19. 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 authority shall have privileges for making or ordering changes only 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.
20. Creation of secured 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.
(2) 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 Authorized Agents and other employees of the Authorized Service Provider, as required to
access the application system, through proper authorization and authentication process.
(b) Secure access of Authorised Agents, to the repositories of digitally signed electronic records maintained by
the Competent Authorities, for printing and delivery of the digitally signed license, permit, certificate, sanction or approvals;
and
(c) 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.
(3) The Competent Authority or Authorised Service Provider, shall, while developing such software, take into account
the following features and capabilities of the electronic record, namely:-
a. life time;
b. preservability;
c. accessibility;
d. readability;
e. comprehensibility in respect of linked information;
DTP—III-1(a) (49)—390 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
f. evidentiary value in terms of authenticity and integrity;
g. controlled destructibility; and
h. augmentability.
(4) The Competent Authority shall get such application software audited by a third party agency, so as to ensure its
security, reliability, performance and consistency, before it is deployed and also as and when changes are made in the
application software.
21. Delivery of e-Services by the Authorised Service Provider or Authorised Agent:-
(1) 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 Authorised Service Provider or the Authorised Agent
shall access the respective departmental repository of digitally signed electronic records through their secured application
Software specified in rule 20, 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 Authorized Agent shall be permitted to have such access only with proper
authorization and authentication processes of the application system.
(3) The Authorised Service Provider or Authorized Agent shall accept the specified fees, tax, duty or payment along
with the 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.
22. Verification of Digitally Signed documents:-
(1) The Competent Authorities or the Departments for a group of 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.
(3) Similar authorities should maintain a single database of digitally signed records.
23. 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 on 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 empaneled as an information security auditing organization.
(2) The audit referred to in sub-rule (1) may cover aspects such as security, confidentiality and privacy 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 the 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.
24. 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 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
include 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 19;Dec. 14, 2016] TAMIL NADU GOVERNMENT GAZETTE 91
(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.
(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 22.
25. Use of special stationery in Electronic Service Delivery:-
(1) Special stationery, if required to be used by the Authorised Service Providers and their agents for delivery of the
services, shall be determined by the Director of Electronic Service Delivery in consultation with respective Department with
accompanying security features for forms, applications, licenses, permits, certificates, receipts of payment and such other
documents as part of the Electronic Service Delivery.
(2) The certificates, licenses and permits shall carry such declaration in such format as may be determined by the
Director of Electronic Service Delivery.
26. Prevalence of rules:-
If any notification/order is issued by a Competent Authority with the concurrence of Secretary to Government, Information
Technology Department under these rules, then the said notification/order will prevail, and any other notification/order of
that Competent Authority shall be void to the extent of repugnancy vis-à-vis the notification/order issued with the concurrence
of the Secretary to Government, Information Technology Department.
27. 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 Tamil Nadu within thirty days of the issuance of that order.
28. Residuary Powers:-
The Secretary to Government, Information Technology Department shall have the powers to make such orders and
provisions for the harmonious interpretation and effective implementation of these rules.
(By Order of the Governor)
T.K.RAMACHANDRAN,
Principal Secretary to Government
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING,
CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU