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THE INFORMATION TECHNOLOGY ACT, 2000

Time and place of despatch and receipt of electronic record.
Section Description
13

(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 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.

(3) Save as otherwise agreed to between the originator and the addressee, an electronic record is deemed to be despatched 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.

(4) 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).

(5) 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;
     (c) "usual place of residence", in relation to a body corporate,             means the place where it is registered.

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