Electronic attendance record per factories, shops acts
Amjad Jabbar
(Querist) 06 April 2012
This query is : Resolved
Is the use of electronic attendance recording devices and reports created from those valid for attendance reports as needed by Factories Act and/or Shops & Establishment Act?
What is the worker in the factory is an employee of a contracting agency, can electronic ids issued by the principal employer (factory) be used to collect attendance information and passed to contracting company; and for inspections under factories act?
Can relevant section of IT Act be used for the above as reasoning? Are there any court rulings which can be quoted for this? Are there any provisions for companies registered under EHTP / STPI / SEZ.
Please answer based on how the tax / audit / govt / court authorities have viewed these.
Raj Kumar Makkad
(Expert) 06 April 2012
Such devices if are used do not violate any law rather help in maintaining the discipline in the work force.
It depends upon the terms and conditions finalized between the contractor and factory. The employee is expected to come within time to his duty whether his attendance is marked by way of use of device or manually.
As replied above the latest system of marking the attendance of the employees at the work place is not violating any law.
Deepak Nair
(Expert) 06 April 2012
There is no restriction to use the electronic attendence system. The law does not prohibit this. This is valid and very effective.
Attendence can be recorded by the principal employer and pass to the contractor. This is governed by the terms and conditions of the contract between the principal employer and the contractor.
You are perfectly guided by Mr.Rajkumar above.
ajay sethi
(Expert) 06 April 2012
agree with experts
Jacob Pratap
(Expert) 07 April 2012
The Government of India has enacted “The Information Technology Act, 2000” to provide legal recognition for transactions carried out by means of electronic data which involves the use of alternatives to paper-based methods of communication and storage of information. The Indian Evidence Act, 1872 has also been amended so as give reorganisation to such electronic data. However, one cannot compel any Govt Deptt to accept the data in electronic form. Please read Section 4 and 9 of the above said Act carefully; the same are 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.
9. Sections 6,7 and 8 not to confer right to insist document should be accepted in electronic form.
Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.
Hence, please keep in mind that you have to keep data in prescribed forms as per Rules laid down under specific Act. Therefore, when you keep data in electronic form, you have to adhere to columns and tables given in the Rules. You may be asked to produce documents like registers etc. in Hard Form for inspection by the Authorities.
Another thing which has to be kept in mind is if you want any department to accept your data in electronic form, you should seek prior permission from that department for keeping the record in electronic form.
