12. Power of Government to make rules in respect of digital signatures.--The Government
may, by notification in the Official Gazette and in additionally optionally in the Electronic Gazette,
make the following rules (all or any of them) to prescribe for the purposes of this Act-(a) the type of digital signature;
(b) the manner and format in which the digital signature shall be affixed;
(c) the manner and procedure which facilitates identification of the person affixing the
digital signature;
(d) the control processes and procedures to ensure adequate integrity, security and
confidentiality of electronic records and payments; and
(e) any other matter which is necessary to give legal effect to digital signatures.
Chapter III
ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF
ELECTRONIC RECORDS
13. Attribution. -- (1) An electronic record shall be that of the originator it was sent by the
originator himself.
(2) As between the originator and the addressee, an electronic record shall be deemed to be
that of the originator if it was sent-(a) by a person who had the authority to act on behalf of the originator in respect of that
electronic record; or
(b) by an information system programmed by or on behalf of the originator to operate
automatically.
(3) As between the originator and the addressee, an addressee shall be entitled to regard an
electronic record as being that of the originator and to act on that assumption if-(a) in order to ascertain whether the electronic record was that of the originator, the
addressee properly applied a procedure previously agreed to by the originator for that
purpose; or
(b) the information as received by the addressee resulted from the actions of a person
whose relationship with the originator or with any agent of the originator enabled that
person to gain access to a method used by the originator to identify the electronic
records as its own.
(4) Sub-section (3) of this section shall not apply-(a) from the time when the addressee has received notice from the originator that the
electronic record is not that of the originator, and had reasonable time to act
accordingly;
(b) in such case as in clause (b) of section (3) of this section, at any time when the
addressee knew or ought to have known, after using reasonable care or using agreed
procedure, that the electronic record was not that of the originator;
(c) if, in all circumstances of the case, it is unconscionable for the addressee to regard
the electronic record as being that of the originator or to act on that assumption.
(5) Where an electronic record is that of the originator or is deemed to be that of the
originator, or the addressee is entitled to act on that assumption, then, as between the originator and the
addressee, the addressee shall be entitled to regard the electronic record received as being what the
originator intended to send, and to act on that assumption.
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