CHAPTER IV : ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS
- 1. Attribution of electronic records
- An electronic record shall be attributed to the originator-
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- (a) if it was sent by the originator himself;
- (b) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or
- (c) by an information system programmed by or on behalf of the originator to operate automatically.
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- 2. Acknowledgement of receipt
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- (1) Where the originator has not agreed with the addressee that the acknowledgement of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by-
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- (a) any communication by the addressee, automated or otherwise; or
- (b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.
- (2) Where the originator has stipulated that the electronic record shall be binding only on receipt of an acknowledgment or such electronic record by him, then unless acknowledgment has been so received, the electronic record shall be deemed to have been never sent by the originator.
- (3) Where the originator has not stipulated that the electronic record shall be binding only on receipt of such acknowledgment, and the acknowledgment has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed to within a reasonable time, then the originator may give notice to the addressee sating that no acknowledgment has been received by him and specifying reasonable time by which the acknowledgment must be received by him and if no acknowledgment is received within the aforesaid time limit he may after giving notice to the addressee, treat the electronic record as though it has never been sent.
- 3. Time and place of despatch and receipt of electronic record
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- (1) Save as otherwise agreed to between the originator and the addressee, the despatch of an electronic record occurs when it enters a computer resource outside the control of the originator.
- (2) Save as otherwise agreed between the originator and the addressee, the time of receipt of an electronic record shall be determined as follows, namely :-
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- a) if the addressee has designated a computer resource for the purpose of receiving electronic records,-
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- (i) receipt occurs at the time when the electronic record enters the designated computer resource; or
- (b) if the addressee has not designated a computer resource along with specified timing, if any, receipt occurs when the electronic record enters the computer resource of the addressee.
- (2) Nothing in this section shall apply to any law that expressly provides for the retention of documents, records or information in the form of electronic records.
- 5. Publication of rule, regulation, etc., in Electronic Gazette
- Where any law provides that any rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette, then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette : Provided that where any rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette, the date of publication shall be deemed to be the date of the Gazette which was first published in any form.
- 6. Section 6, 7, and 8 not to confer right to insist document should be accepted in electronic form
- Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.
- 7. Power to make rules by Central Government in respect of digital signature
- The Central Government may, for the purposes of this Act, by rules, prescribe-
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- (a) the type of digital signature;
- (b) the manner and format in which the digital signature shall be affixed;
- (c) the manner or procedure which facilitates identification of the person affixing the digital signature;
- (d) control processes and procedures to ensure adequate integrity, security and confidentiality or electronic records or payments; and
- (e) any other matter which is necessary to give legal effect to digital signatures.
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