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IT Act 2000

Section 90

Power of State Government to Make Rules

THE STATUTE

Original Text

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act in matters relating to such State Government. (2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House.

Simplified

Section 90 is the counterpart to Section 87 at the state level — it empowers State Governments to make rules to carry out the IT Act's provisions in matters relating to the State Government's own functions and areas of competence. The power is bounded: states can only make rules for 'matters relating to such State Government', meaning IT Act subjects that fall within state competence or that involve state government functions. For example, a state government might make rules under Section 90 regarding: the manner in which state government departments accept electronic records under Section 6; the electronic form procedures for state government services; or the designation of officers for specific IT Act functions within the state. Section 90(2) requires that rules made by a State Government be laid before each House of the State Legislature (or the single House where the state has a unicameral legislature). This ensures legislative oversight of state-level IT Act subordinate legislation. The laying requirement also creates an opportunity for the legislature to pass resolutions or modifications on the rules. In practice, Section 90 has been relatively little used — most IT Act implementation has been driven by Central Government rules under Section 87, with states implementing those central rules rather than making independent state-level rules. However, the provision is increasingly relevant as states develop their own e-governance frameworks, digital service delivery systems, and state-specific cyber security policies.

Common Queries

Yes. Section 90 empowers State Governments to make rules for matters that fall within a State's sphere under the IT Act — primarily relating to State Government e-governance services and local cyber crime investigation procedures.

Legal Evolution

Section 90 was in the original IT Act 2000. India's IT sector is primarily regulated centrally, but Section 90 reflects the constitutional need to provide states with rule-making authority for matters within their own governance sphere — consistent with the federal structure of the Constitution.

Key Amendments

Unchanged since the original IT Act 2000.