Saswatabanerjee
Partner - Risk Management
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Maharshi Bhatt
Manpower Outsourcing Business

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Can we Maintain Gumastadhara Attendance Register and payment of wages Register in Electronic form ? Please reply as early possible .... Thanks,
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Refer to the notification issued by the state government on April 8, 2015 If your unit is covered by that notification you can maintain the records in soft copy without specific prior approval
Hello, Could you please provide that notification Soft copy?. Regards Mahrshi
Dear Mahrshi ji,
The notification what our Senior Member Shri. Saswata ji referring is of Maharashtra Govt. You can find a copy of it in below given link which is in marathi.
https://www.citehr.com/523763-permis...onic-form.html
Dear Anonymous and HR Fraternity,

Please refer Section 4 4 of Information Technology Act, 2000 which is given verbatim as under:

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.

According to this section, you can maintain any record electronically. There is no need to have any permission. This Act has given you the permission.

Thanks to our member Shri. Shrikant Prabhudesai who reproduced the above section in the link given in my earlier post. I studied Information Technology Act, 2000 druing my Cyber Law study. I know this section. I read this section several times but I confessed, I also had not applied my mind on this section till I read the post of Shri. Shrikant Prabhudesai.

About year back, I had participated in discussion on obtaining permission to keep the record electronically, along-with many dignitaries but unfortunately, no one drew attention to the above section in Information Technology Act, 2000.

Today also you may find many prosecutions in ANADI COURT on maintaining record in electronic form with-out permission and this may continue in days to come.....

My question is to all HR Fraternity, who is responsible for it............?
This has already been rested and has failed the test.
First, sec 4 refers to electronic copies of records being valid.
So,if you have a register (in physical copy) then you can have an electronics copy of the same as evidence of the original. Further, it is now clarified that the copy must be actually tamper proof. Which means that the copy must be an encrypted pdf (called pdf/a as far as I recall).
I think another condition now inserted by courts (no I don't have the details, but was told by an expert) that the electronic records must be digitally signed using PKI that is valid in india.
The computer software records do not qualify under this section.
Which is why there was a need to apply and get approvals.
Now the state government notification has done away with approval. If your software is meeting the requirement as stated, it will be enough.

Dear Saswata ji,
Could you please explain and elaborate on above? I have not understood it.
I read Section 4 and also the sections 5 to 9 once again on your post but do not see any ambiguity in applying section 4 for keeping computerized records as required under various Laws.
Your inputs will be helpful to HR Fraternity.
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