Section 12 Acknowledgment of receipt
- Amendments
- 1
(1) Where the originator has not agreed with the addresseeSubstituted by Information Technology (Amendment) Act, 2008, s. 10, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "agreed with the addressee"stipulated that the acknowledgment of receipt of electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... be given in a particular form or by a particular method, an acknowledgment may be given by—
(a) any communication by the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary, automated or otherwise; or
(b) any conduct of the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary, sufficient to indicate to the originator that the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... has been received.
(2) Where the originator has stipulated that the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... shall be binding only on receipt of an acknowledgment of such electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... by him, then unless acknowledgment has been so received, the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... shall be deemed to have been never sent by the originator.
(3) Where the originator has not stipulated that the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... 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 addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary stating that no acknowledgment has been received by him and specifying a reasonable time by which the acknowledgement must be received by him and if no acknowledgment is received within the aforesaid time limit he may after giving notice to the addresseeDefined in section 2(b): addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary, treat the electronic recordDefined in section 2(t): electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; 3[(ta) electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second... as though it has never been sent.