accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form. 10. Power to make rules by Central Government in respect of 1[electronic signature].–The Central Government may, for the purposes of this Act, by rules, prescribe– (a) the type of 1[electronic signature]; (b) the manner and format in which the 1[electronic signature] shall be affixed; (c) the manner or procedure which facilitates identification of the person affixing the 1[electronic signature]; (d) control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and (e) any other matter which is necessary to give legal effect to 1[electronic signatures]. 2 [10A. Validity of contracts formed through electronic means.–Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic records, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.] CHAPTER IV ATTRIBUTION, ACKNOWLEDGMENT AND DESPATCH OF ELECTRONIC RECORDS 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. 12. Acknowledgment of receipt.–(1) Where the originator has not 3[stipulated] 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 he 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 acknowledgement 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. 13. Time and place of despatch and receipt of electronic record.–(1) Save as otherwise agreed to between the originator and the addressee, the despatch 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 1. Subs. by Act 10 of 2009, s. 2, for “digital signature” (w.e.f. 27-10-2009). 2. Ins. by s. 9, ibid. (w.e.f. 27-10-2009). 3. Subs. by s. 10, ibid., for “agreed with the addressee” (w.e.f. 27-10-2009). 11