Page 288 - DMGT306_MERCANTILE_LAWS_II

Unit 14: Information Technology Act, 2000

acknowledgment has been so received, the electronic record shall be deemed to have been Notes
never sent by the originator.

 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 acknowledgment 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.

14.3.3. Time and Place of Dispatch and Receipt of Electronic Record

 Save as otherwise agreed to between the originator and the addressee, the dispatch of an
electronic record occurs when it enters a computer resource outside the control of the
originator.
 Save as otherwise agreed between the originator and the addressee, the time of receipt of
an electronic record shall be determined as follows, namely :-
a. if the addressee has designated a computer resource for the purpose of receiving
electronic records
i. receipt occurs at the time when the electronic, record enters the designated
computer resource, or
ii. if the electronic record is sent to a computer resource of the addressee that is
not the designated computer resource, receipt occurs at the time when the
electronic record is retrieved by the addressee.
b. if the addressee has not designated a computer resource along with specified timings,
if any, receipt occurs when the electronic record enters the computer resource of the
addressee.

 Save as otherwise agreed to between the originator and the addressee, 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.

 The provisions of sub-section (2) 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 (3).

 For the purposes of this section -
 If the originator or the addressee has more than one place of business, the principal
place of business, shall be the place of business.

 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.
 “Usual place of residence”, in relation to a body corporate, means the place where it
is registered.

LOVELY PROFESSIONAL UNIVERSITY 283