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Chapter – 3 

Chapter – 3 Provision Relating to Dispatch, Receipt and Acknowledgement of  Electronic Records
10. Electronic Record to be Attributed to Orig inator:

(1) Any specific electronic record shall, in case of any of the following conditions, be attributed to the originator:
(a) If such an electronic record was transmitted by the originator him/herself,
(b) If such an electronic record was transmitted by a person who had the authority to act on behalf of the originator in respect of such
an electronic record,
(c) Such an electronic record was transmitted through any information system that was programmed by the originator or on
behalf of the originator to operate automatically.
(2) If any condition exists as prescribed in respect of electronic record transmitted pursuant to Sub-section (1), the addressee shall assume that
such an electronic record is attributed to any particular originator and shall have the authority to act thereon accordingly.

11. Procedure of Receipt and Acknowledgement of Electronic Record :
(1) Where the originator requests the addressee to transmit the acknowledgement or receipt of electronic record at the time of or before the
dispatch of such electronic record or where there is an agreement between the originator and addressee to transmit the acknowledgement or receipt of such an
electronic record, then, the provisions of Sub-sections (2), (3) and (4) shall be applied in relation to the receipt and acknowledgement of such an electronic
record.
(2) Where there is no agreement between the originator and   addressee that information or acknowledgement of receipt of electronic record
is to be given in a particular format or by a particular manner, such an information or receipt may be given as the following:-
(a) by automated or any other means of communication by the addressee,
(b) by any conduct of the addressee sufficient to indicate that the originator has received electronic record.
(3) Where the originator has stipulated in relation to any electronic record that such an electronic record shall be binding on him/her only after the
receipt of information or acknowledgement of receipt of such electronic record  from the addressee, then, unless the information or acknowledgement of receipt
of such an electronic record has been so received from addressee, the electronic record shall not be deemed to have been transmitted by the originator.
(4) Where the originator has not stipulated that the electronic record shall be binding only on receipt of such acknowledgement, and where the
originator and addressee have not agreed upon or have not specified any time for acknowledgement of such receipt of electronic record, then, the originator
shall have to receive such acknowledgement of receipt of such an electronic record from addressee within a specified time as prescribed. If such
acknowledgement of receipt is not received from addressee, then, such an electronic record shall be deemed to have not been transmitted by the
originator.
(5) Other procedures of receipt of acknowledgement of electronic record shall be as prescribed.

12. Time and Place of Dispatch and Receipt of Electronic Record :

(1) Save as otherwise agreed between the originator and the addressee, the dispatch of an electronic record occurs when it enters into an information system 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
prescribed.
(3) Save as otherwise agreed between the originator and the addressee, an electronic record shall be deemed to have been dispatched from
the place where the originator has his/her place of business and shall be deemed to have been received at the place where the addressee has his/her
place of business.
Explanation: For the purpose of this Sub-section “the place of business” means:
(a) In case the originator or the addressee has more than one place of business, the place of business means the place where the concerned business shall be operated
(b) If the originator or the addressee does not have a place of business, their place of residence shall be considered their place of business

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