(ii)
(c)
if the addressee has not designated an electronic device or resource along with
the specified timings, if any, receipt occurs when the electronic record enters
the electronic device or resource.
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.
(2)
The provision of sub-section (1) (b) of this section 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 (1) (c) of this
section.
(3)
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;
Explanation.-- "principal place of business" or "usual place of residence" in relation to a body
corporate or body incorporated means the place where it is registered.
Chapter IV
SECURE ELECTRONIC RECORDS & DIGITAL SIGNATURES
16. Secure electronic record.-- Where any security procedure has been applied to an electronic
record at a specific point of time, then such record shall be deemed to a secure electronic record from
such point of time to the time of verification.
17. Secure digital signature.-- (1) If, by application of a security procedure agreed to by the
parties concerned, it can be verified that a digital signature, at the time it was affixed, was-(a) unique to the person affixing it;
(b) capable of identifying the person affixing it; and
(c) created in manner or using a means under the sole control of the person affixing;
then such digital signature shall be deemed to be a secure digital signature as per sub-section (2).
(2)
Despite the fact of sub-section (1), the digital signature would be invalidated if the
electronic record was altered relating to this very digital signature.
Chapter V
CONTROLLER & CERTIFYING AUTHORITIES
18. Certifying Authorities Controller and other officers.-- (1) For the purpose of this Act, the
Government may, by notification in the Official Gazette and additionally optionally in Electronic
Gazette, appoint a Controller and such number of Deputy Controller(s) and Assistant Controller(s) as it
deems fit within 90 days of the enactment of this law.
(2) The Controller shall discharge such functions as are vested in him under this Act under
the general superintendence and control of the Government.
(3) The Deputy Controllers and the Assistant Controllers shall perform such functions as are
assigned to them by the Controller under the general superintendence and control of the Controller.
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