Page 285 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes

Notes For the purposes of this sub-section, “hash function” means an algorithm mapping
or translation of one sequence of bits into another, generally smaller, set known as “hash
result” such that an electronic record yields the same hash result every time the algorithm
is executed with the same electronic record as its input making it computationally
infeasible-

(a) to derive or reconstruct the original electronic record from the hash result produced
by the algorithm;
(b) that two electronic records can produce the same hash result using algorithm.

(3) Any person by the use of a public key of the subscriber can verify the electronic record.

(4) The private key and the public key are unique to the subscriber and constitute a functioning
key pair.

14.2.1 Electronic Governance

Where any law provides that information or any other matter shall be in writing or in the
typewritten or printed form, then, notwithstanding anything contained in such law, such
requirement shall be deemed to have been satisfied if such information or matter is-

 rendered or made available in an electronic form, and
 accessible so as to be usable for a subsequent reference.

14.2.2 Legal Recognition of Digital Signatures

Where any law provides that information or any other matter shall be authenticated by affixing
the signature or any document shall be signed or bear the signature of any person (hen,
notwithstanding anything contained in such law, such requirement shall be deemed to have
been satisfied, if such information or matter is authenticated by means of digital signature
affixed in such manner as may be prescribed by the Central Government.

Explanation: For the purposes of this section, “signed”, with its grammatical variations and
cognate expressions, shall, with reference to a person, mean affixing of his hand written signature
or any mark on any document and the expression “signature” shall be construed accordingly.

14.2.3 Use of Electronic records and digital signatures in Government
and its agencies.

(1) Where any law provides for-
 the filing of any form application or any other document with any office, authority, body
or agency owned or controlled by the appropriate Government in a particular manner.

 the issue or grant of any license, permit, sanction or approval by whatever name called in
a particular manner.

 the receipt or payment of money in a particular manner.
Then, notwithstanding anything contained in any other law for the time being in force, such
requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment,

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