Act No. 9 /_fiOZSD' 2 Date of AssE .-'t.t'%_r..l 28.,.,{2"! लि Date of Publication 543/ Pr—— dJ- | THE MANIPUR PUBLIC RECORDS BiEL, 2000 AR BHLEACR- to regulate the management, administration and preservation of public records of the State Goverament, Public sector undertaking, statutory bodies and corporations, commissions and committees constituted by the State Government and matters connected therewith or incidental thereto, Be it enacted by the Legislature of Manipuy in Fifty First Year of the Republic of India as follows: 1. Short title and commencement :— (1) This Act may be called the Manipur Public Records Act, 2000, (2) Tt shall come into force on the date as the State Govetnment may, by notification in official gazette, appoint. 2. Definitions:—In this Act, unless the context otherwise requires— (a) “Board” means the Archival Advisory Board constituted under sub-section (1) of section 13; (b) “Director” means the Director of Archives appointed. by the State Government and includes any officer authorised by the Government to perform the duties of the Director; (c) “Prescribed” means prescribed by rules made under. this Act; (व) “Public Records” includes— (1) any document, manuscript and file; (i) any microfilm, microfiche and facsimile copy of a document; (i) any reproduction of image or images embodied in such microfilm (whether eniarged or not); and (iv) any other material produced by a computer or by any other device, of any records creating agency; (&) Records creating agency includes:— () in relation to the State Government, any department or office of that Government; (i) in relation to any statutory body or corporation wholly or substantially controlled or financed by the State Government or commission or any cominittee constituted by that Government, the offices of the said body corporation, commission or committee; (f) “Records Officer” means the officer nominated by records creating agency under sub-section (1) of section 5.
2 3. Power of the Statg .G-o.v"ern'ment to co-ordinate, regulate and supervise operations connected with administration, management etc., of public records:— (1) The State Government shall have the power to co-ordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of public records under this Act. o (2) The State Government in relation to the p‘ubh'c records of the records creating agencies specified in sub-clauses (i) and (i) of clause (¢) of section 2 may, by order, authorise the Director subject to such conditions as may be specified in the order, to carry -out all or any of the following functions, namely :— (a) supervision, management and control of the Archives; (b) acceptance for deposit of public records of permanent after such period as may be prescribed; (c) ocustody, use and withdrawal of public records; (d) arrangement, preservation and exhibition of public records; (e) preparation of inventories, indices, catalogues and other reference -media of public records; (f) analysing, developing, promoting and coordinating the standards, procedures and the techniques for improvement of the records management system; " (g) ensuring the maintenance, arrangement and security of public records in the Archives and in the offices of the records creating agency; (h) promoting utilisation of available space and maintenance of equipments for preserving public records; (i) tendering advice to records creating agencies on the compilation, classification and disposal of records and application of standards, pro- cedures and techniques of records management; (3) survey and inspection of public records; (k) organising training programmes in various disciplines of Archives administration and records management; (1) accepting records from any private source; (m) regulating access to public records; (n) receiving records from defunct bodies and making arrangement for securing public records in the event of national emergency ; (o) receiving reports on records management and disposal practices from the records officer; (p) providing authenticated copies of or extracts from public records; (@) destroying or disposal of public records; (r) obtaining on lease or purchasing or accepting as gift any document of historical or national importance.
;3 4. Prohibition against taking of - public “records out of the State i— . ~No person ' shall take or cause to be taken out of the State, any public records without the prior approval of the State Government: Provided that no such prior :approval shall be required if any public records are taken or sent out of thé State for any official purpose 5. Records officer :— (1) Every records creating agency shall nominate one of its officers as records officer to discharge the functions under. this .Act (2) Every records creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer 6. Responsibilities of Records officer:— (1) The records officer shall be responsible for :— (a) proper arrangement, maintenance and preservation of public records under his = charge; (b) periodical review of all public records and weeding out public euphemeral value; (¢) appraisal of public records which are more than twenty-five years old in consultation with Directorate of Archives, Manipur with a view to retaining public records of permanent value (d) destruction of public records insuch manner and subject to such conditions as may be prescribed under sub-section (1) of section 8; (e) compilation of a schedule of retention for public records in consultation with the Directorate of Archives, Manipur; (f) periodical review for downgrading of classified public records in such manner as may be prescribed; (g) adoption of such standards, procedures and techniques as may be recommended from time to time by the Directorate of Archives, Manipur for improvement of record management system and maintenance of security of public records; (b) compilation of annual indices of public records; (i) compilation of organisational history and annual supplement thereto; (j) assisting the Directorate of Archives, Manipur for public records management; (k) submission of annual report to the Director of Directorate of Archives, Manipur in such manner as may be prescribed; () transferring of records of any defunct body to the Directorate of Archives, Manipur for preservation. (2) The records officer shall act under the direction of the Director while discharging the responsibilities specified in sub-section (1). 7. Records officer to take appropriate action inthe event of unauthorised removal, destruction, etc. of public records in his custody.— (1) The records officer shall in the event of any wunauthorised removal, destruction, defacement or alteration of any public reccrds under his charge, forthwith take appropriate action for the recovery or restoration of such public records
4 ~ (2) The records officer shall submit & repart in writing to the Director of Directorate of Archives, Mang)e," ur mthc._v'mdsya y delay on any information about any nnauthorised removal, destruction, defacement er alteration of sy public records under his charge and about the action initiated byif' him and shall take action as he flm_may decm recessary subject to the directions ही any given by the Director of the Directorate of Archives, Manipur. ' (3) The records officer may seek assistance from any government officer or any other persont o for the purpose of recovéry or restoration of public records and such officet or person shall render al assistatice to the 8. Destruction or disposal of public records :— (1) Save as otherwise provided in any law for the time being ia force, po public record shall be destroyed or otherwise disposed of éxcept in such manner and subject to such conditions as may be prescribed. () No trecord created before the year, 1892 shal be destroyed except where in the opinion of the Director it is so defaced or is in such condition that it canmot be put to any archival use, 9. Penalty for contravention :— Whoever coatravens any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with. fine which may extend to ten thousand rupees or with both. 10. Public records bearing security classificaton पाना No public records bearing security classification shall be transferred to the Directorate of Archives, Manipur. 11. Receipt of records from private sources \— (1) Directorate of Archives, Manipur may accept any records of historical or national importance from any private source by way of gift, purchase or otherwise. (2) The Directorate of Archives, Manipur may, in such manner and subject to such conditions as may be prescribed, make any record referred to in sub-section (1) available to any bonafide research scholar. 12. Access to public records :— (1) All unclassified public records as are more than thirty vears old and are transferred to the Directorate of Archives, Manipur may be subject to such exceptions and restrictions as may be prescribed, made available to any bonafide research scholar. Explanation : For the purposes of this sub-section, the period of thirty years shall be reckoned from the year of the opening of the public record. (2) Any records creating agency may grant to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed. . 13. Archival Advisory Board :— (1) The State Government may, by notification in the official Gazetfe, constitute an Archival Advisory Board for the purposes of this Act. () The Board shall consist of the following members namely पा (a) Secretary to the State Government in the Arts & Culture Depart- ment of State Chairman, ex-officio;
5 {b) one officer not below the rank of Joint Secretary to the State - Government each’ from the Cabinet Department, Home Department, Finance Department, Department of Personnel and Administrative Reforms as. members ex-officio; : : (©- three 18018 to be nominated by the State Government for a period not exceeding three years, one being an Archivist and two being Professors in the Post-Graduate Department of Historyin any recognised * University; ’ ; ~ (d) Director shall be the ex-officio Members-Secretary of the Board. 14, Function of the Board :— ः . The Board shall perform the following function, namely— - (a) - advise the State. Government on the matters concerning the adminis- tration, management, conservation and use of public records; ;1. (b) - lay down guidelines for trvaim'ng of Archivists; (c) give directions for a‘“cq‘ui'si’tion" of records from private custody; - (व) ~deal with such other matters as may be prescribed. 15. Power of the Dir‘re’c't'o“r'v to lay down norms and standards for courses in .Archival Science :— . The Director shall have the power to lay down norms and standards for courses, curricula, assessment and examinations relating to the training in archival science and other ancillary subjects. "16. Protection of action taken in good faith :— No suit, prosecutio’n or other 16881 फ़ा०८०७0 85 shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. 17, Power to make rules :— () The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act, (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :(— (@) the period after which public records of permanent nature may be accepted under clause (b) of sub-section (2) of section 3; (b) the manner in which and the conditions subject to which public records can be destroyed under clause (b) of sub-section (1) of section 6; (0 the manner in which periodical review of classified public records for downgrading shall be undertaken under clause (f) of sub-section (1) of section 6; (d) the manner in which the records officer will report to the Director vnder clause (k) of sub-section (1) of section 6;