Chapter-7 Electronic Record and Government use of Digital Signature
39. Government Documents may be published in electronic form :
(1) Government of Nepal may also publish ordinance, Act, Rules Bye-laws, Formation Orders or notifications or any other matters in the electronic form
which are published in the Nepal Gazette under the prevailing laws.
(2) Where the prevailing law provides for the filing of any form, application or any other document or any record to be generated or retained or
secured and or any license or permit or approval or certificate to be issued or provided or any payment to be made in any Government agency, or public
entity or in any bank or financial institution operating business within the Nepal, it may be filed, generated, retained or secured or issued or granted in
electronic form or payment may be made in electronic mode of communication, and, it shall not be denied to provide the legal validity to such
form, application, document record, license, permit or approval, certificate or payment on the ground of the use of electronic form or electronic
40. To Accept the Document in Electronic Form :
(1) Government agency or public entity or bank or financial institutions operating business within the Nepal may also accept any document and payment to be submitted or paid to them under the prevailing law in electronic form or through any electronic mode and if such documents and submitted or payment is made, as the case may be, it shall not be denied to grant legal recognition merely on the ground that it was accepted electronic form or through any electronic mode.
(2) Notwithstanding anything contained in Sub-section (1) no Government agency or public entity or bank of financial institution operating
business within the Nepal shall, except in the conditions as prescribed and government agencies as prescribed, be compelled to accept any document or
payment in electronic form, and such an agency or institution shall, except in the conditions and agency as prescribed, not compel to any other persons to
accept any document in electronic form or the payment through any electronic form.
(3) For the purpose of Sub-section (1), the provision relating to the procedure, process and format to be followed shall as prescribed.
41. Use of Digital Signature in Government Offices :
(1) Where it is required that the concerned person shall have to affix his/her signature in any document or record for verification of such document or record to be
transmitted or issued by any Government agency or public entity or bank or financial institution operating business within the Nepal or to be accepted by
such agency or institution then, Government of Nepal may, if it thinks appropriate, make a provision to use digital signature instead of such a signature.
(2) Notwithstanding anything contained elsewhere in this Act, Government of Nepal may, for the purpose of the provision made in Sub- section (1), prescribe additional security procedure for the verification and authentication of such digital signature.
(3) Provisions regarding the Certifying Authority and Digital Signature Certificate to be used by the government agency or entity referred to in Sub-section (1), shall be as prescribed.