Hi
When i raised this to Service.SAP.Com i got the following reply from SAP
Regarding your query, Pls see below the clarification , we have
recieved from our legal counsel on the recent change of Form 16.
Kindly revert with inputs from your legal department on what
constitutes digital signature? It seems to be more of a "code" .
CLARIFICATION FROM LEGAL COUNSEL >
*******************************************************
*******************************************************
1. while the circular restricts digital signature only to form 16, the
Information Tech Act permits it to other certificates also. look at
this, more particularly section 5!
4. Legal recognition of electronic records.
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-
· (a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
5. 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.
6. Use of electronic records and digital signatures in
Government and its agencies.
(1) Where any law provides for-
(a) 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;
(b) the issue or grant of any licence, permit,
sanction or approval by whatever name called in a particular manner;
(c) 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, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.
(2) The appropriate Government may, for the purposes of
sub-section (1), by rules, prescribe-
(a) the manner and format in which such
electronic records shall be filed, created or issued;
(b) the manner or method of payment of any fee
or charges for filing, creation or issue any electronic record under
clause
*******************************************************
*******************************************************
2. digital signature is an electronic secure signature. Look at this;
2(p) "digital signature" means authentication of any
electronic record by a subscriber by means of an electronic method or
procedure in accordance with the provisions of section 3;
3. Authentication of electronic records.
(1) Subject to the provisions of this section any
subscriber may authenticate an electronic record by affixing his digital signature.
(2) The authentication of the electronic record
shall be effected by the use of asymmetric crypto syfunction which envelop and transform the initial electronic record into
another electronic record.
Explanation.- 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 the algorithm.
(3) Any person by the use of a public key o 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.
*******************************************************
*******************************************************
3. digital signature is individual specific and not organization
specific. Therefore, if there are several signatories, each of them can
have separate digital signatures.
*******************************************************
*******************************************************
4. the control no. with log : as i understand, it is only a control
procedure. Assign a unique no. to each certificate with digital
signature and keep an inventory of the certificates so issued.
*******************************************************
*******************************************************
5. The next requirement that the contents cannot be changed does not
mean reprinting is prohibited. A digitally signed doc can be printed
any no. of times (as i understand). Once a digital signature is placed
on an electronic record using the private and public key, the contents
of the document cannot be changed.
*******************************************************
*******************************************************
Alternatively I have attached the same as an attachment also.
Please feel free for any other queries.
Thanks & Regards
Jagjit Singh Chawla
Active Global Support - HCM
SAP
SAP has released the India Country page for SAP ERP HCM. This page
contains the latest updates on solutions released for India payroll
including legal changes and other developments. Additional information
is also available on the product capabilities. This page will be updated on an ongoing basis. The India Country page for SAP ERP HCM can be
accessed through the link http://service.sap.com/hrin
Can you Please tell me how to get the digital signature.
You must be a registered user to add a comment. If you've already registered, sign in. Otherwise, register and sign in.