Section : 11. Attribution of electronic records
An electronic record shall be attributed to the originator—
(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.
Section 12. Acknowledgment of receipt
(1) Where the originator has not agreed with the addressee that the
acknowledgment of receipt of electronic record be given in a particular
form or by a particular method, an acknowledgment may be given by—
(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 of 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
stating that no acknowledgment has been received by him and specifying
a 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.
Section 13. Time and place of despatch and receipt of electronic record.
(1) Save as otherwise
agreed to between the originator and the addressee, the dispatch 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 :—
(a) if the addressee has designated a
computer resource for the purpose of receiving
electronic records,—
(i) receipt occurs at the time when the
electronic, record enters the designated computer resource; or
(ii) if the electronic record is sent
to a computer resource of the addressee that is not the designated
computer resource, receipt occurs at the time when the electronic record
is retrieved by the addressee;
(b) if the addressee has not
designated a computer resource along with specified timings, if any,
receipt occurs when the electronic record enters the computer resource of
the addressee.
(3) Save as otherwise
agreed to between the originator and the addressee, an electronic
record is deemed to
be dispatched at the place where the originator has his place of business, and
is deemed to be received at the place where the addressee has his place of
business.
(4) The provisions of
sub-section (2) shall apply notwithstanding that the place where the
computer resource is
located may be different from the place where the electronic record is
deemed to have been
received under sub-section (3).
(5) For the purposes
of this section, —
(a) if the originator or the addressee has more than one place of
business, the
principal place of business, shall be the place of business;
(b) if the originator or the addressee does not have a place of
business, his usual
place of residence shall be deemed to be the place of business;
(c) "usual place of residence", in relation to a body
corporate, means the place
where it is registered.
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