Delhi act 069 of 1993 : The Public Records Act, 1993 & Public Records Rules, 1997

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D EPA RTM EN T GF DELHI ARCHIVES

NOTIFICATIONS

New Delhi, the 13th January, 1999 Pausa L 1915 (Saka)

No. F. 9 (2 5 ) (97-Archives.— The following is published for general information :—

M INISTRY O F LAW JUSTICE AND

COM PANY AFFAIRS

(Legislative Department) New Delhi, the 22nd December, 1993 The following Act of Parliament received the assent of the President on the 21st December, 1993, and is hereby published for general information :—• TH E PUBLIC RECORDS A CT,-1993

No. 69 of 1993

[22nd December, 1993.]

Aft Act to regulate the management, administration and preservation of public records of the Central Government, Union territory Administrations, public sector undertakings, statutory bodies and corporations, commissions and committees consti- tuted by the Central Government or a Union Territory Administration and matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows :—»*

1. Short title and commencement.— (1) This Act may be called the Public Recr.rds Act, 1993.

(2) It shall come inio force on such date as the Central Government may, by notification in the 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 General" means the Director General of Archives appointed by the Central Government and includes any officer authorised by that Government to perform the duties of the Director General;

(c) "head of the Archives" means a person holding the charge of the Archives of the Union Territory Administration;

5

made under this Act;

(e) "public records" includes—

(i) any document, manuscript and file;

(ii) any microfilm, microfiche and facsimile copy of a document;

(iii) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

(iv) any other material produced by a com- puter or by any other device, of any records creating agency; *• \ ^

(f) records creating agency includes,—

(i) in relation to the Central Government, any ministry, department or office of that Government;

(ii) in relation to any statutory body or corporation wholly or substantially controlled or financed by the Central Government or commission or any committee constituted by that Govern- ment, the offices of the said body, corporation, commission or committee;

(iii) in relation to a Union Territory Admini- stration, any departm ent' or office of that Administration;

(iv) in relation to any statutory body or corporation wholly or substantially controlled or financed by Union terri- tory Administration or commission or any committee constituted by that Administration, the offices of the said body, corporation, commission or committee;

(g) "records officer" means the officer nomi- nated by the records creating agency under sub-section (1 ) of section 5.—

3. Power of the Central Government to coordi- nate, regulate and supervise operations connected with administration, management, etc., of public records.— (1) The Central Government shall have the power to coordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of public records under this Act. (2 ) The Central Government in relation to the public records of the records creating agencies specified in sub-clauses (i) and (ii) of clause (f) of section 2 and the Union Territory Administration in relation to the public records of the records creating agencies specified in sub-clauses (iii) and

(iv) of the said clause, may, by order, authorise the D irector General or the head of the Archives, as the case may be, subject to such conditions as may be specified in the order, to carry out all or, any of the following functions, nam ely :— %

(a ) supervision, management and control of the Archives;

(b) acceptance for deposit of public records of permanent nature after such period as may be prescribed;

(c) custody, use and withdrawal of public records;

(d) arrangement, preservation and exhibition of public records;

0 •

(e) preparation of inventories, indices, cata- logues and other reference media of public records;

(f) analysing, developing, promoting and co- ordinating 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 pre- serving public records;

&

(i) tendering advice to records creating agencies on the compilation, classification and disposal of records and application of standards, procedures and techniques of records management;

•

(j) 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 emer- gency;

(o) receiving reports on records management and disposal practices from the records officer;

(p ) providing authenticated copies of, or extracts from, public records; (q ) destroying or disposal of public records;

(r) obtaining on lease or purchasing or accepting as gift any document of histori- cal or national importance.

6

4. Prohibition against .taking of public records the Union territory for public records management; -out of India.— No person shall take or cause to be taken out of India any public iccords without the

prior approval of the Central Government :

Provided that no such prior approval shall be

required if any public records are taken or sent out

of India 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 rfeview of all public records and weeding out public records of eupliemeral value;

0

(c) appraisal of public, records which are more than twenty-five years old in con- sultation with the National Archives of India or, as the case may be, the Archives of the Union territory, with a view to retaining public records of permanent value;

(d) destruction of public records in such 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 National Archives of India or, as the case may be, the Archives of the Union territory;

(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 National Archi- ves of India for improvement of record management system and maintenance of security of public records;

» ; *

(h) compilation of annual indices of public records;

(i) compilation of organisational history and annual supplement thereto;

(j) assisting the National Archives of India or, as the case may be, the Archives of

(k) submission of annual report to the Director Geneial or, as the case may be, ✓ • *

head of the Archives in such manner as may be prescribed;

(1) transferring of records of any defunct body to the National Archives of India or the Archives of the Union territory, as the case may be. for preservation.

(2) The records officer shall act under the direc- tion of the Director General or, as the case may be, head of the Archives while discharging the responsi- bilities specified in sub-secticn (1 ) .

7. Records officer to take appropriate action in the event of unauthorised removal, destruction, etc.. of public records in his custody.—(1) The records officer shall, in the event of any unauthorised re- moval, destruction, defacement or alteration of any public records under his charge, forthwith take appropriate action lo r the recovery or restoration of such public records.

(2) The records officer shall submit a report in writing to the Director General or, as the case may be, the head of the Archeieves without any delay on any information about any unauthorised removal, destruction, defacement or alteration of any public iccords under his charge and about the action initiated by him and shall take action as he may deem necessary subject lo the directions, if any given by the Director General or, as the case may be, head of the Archives.

*

(3) The records officer r^ay seek assistance from any government officer or any other person for the purpose of recovery or restoration of public records and such officer or person shall render all assistance to the records officer.

8. Destruction or disposal of public records.—

(1) Save as otherwise provided in any law for the time being in force, no public record shall be des- troyed or otherwise disposed of e>cept in such manner and subject to such conditions as may be prescribed.

(2 ) No record created before the year 1892 shall be destroyed except where in the opinion of the Director General or, as the case may be, the head of the Archives, it is so defaced or is in such condition that it cannot be put to any archival use.

9. Penalty for contraventions.— Whoever contra- venes 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 classifi- cation.— No public records bearing security classi- fication shall be transferred to the National Archives of India or the Archives of the Union territorv.

7

11. Receipt of- records from private sources.—

(1) The National Archives of India or the Archives of the Union territory may accept any record of historical or national importance from any private source by way of gift, purchase or otherwise.

(2) The National Archives of India or, as the case may be, the Archives of any Union territory 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 bona fide research scholar.

12. Access to public records.— (1) All un- classified public records as are more than thirty years old and are transferred to the National Archives of India or the Archives of the Union territory may be, subject to such exceptions and restrictions as }may be prescribed made available to any bona fide research scholar.

Ex p la n at ion.— F o r

section, the period of

from the year of the

the purposes of this sub-

thirty years shall be reckoned

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 subiect to such conditions as \ f

may be prescribed.

13. Archival Advisory Board.— (1) The Central the OfficialGovernment may, by notification in Gazette, constitute an Archival Advisory Board for' the purposes of this Act.

(2) The Board shall consist of the following members, namely :—

( a ) Secretary to the Government of India in the Ministry of

Central Government dealing

with culture.

Cl airman,

ex-officio ;

(b ) one officer not belov, th

r a n i of Joint Secretary to

the Government of India,

each from the Cabinet

Secretariat, Ministry of

Home Affairs, Ministry of

Defence, Ministry of

External Affairs, Ministry

of Finance and Ministry

of Personnel, Public

Grievances and Pension.

Members,

ex- officio ;

i c ) two representatives not below the rank of Joint Secretary in

the Union territory Adminis-

t /

trations to be nominated

by the Central

Government.

Members ;

(d ) three persons to be nominated by the Central G o/em inent

for a period not exceeding

three years, one behi'i an

Archivist and two being Pro-

fessors in the Post-graduate

Department of History in

any recognised University.

M em bers;

(e) Director General Members Secretary,

ex-officio;

(3 ) The members nominated i nder clause (d ) of sub-section (2) shall be paid such allowances as may be prescribed.

14. Functions of the Boaid.— The Board shall perform the following functions, namely :—

(a) advise the Central Government and Union territory Adnnnistratk ns on matters concerning the administration, manage- ment, conservation and use of public records;

(b) lay down guidelines for training of Archivists;

(c) give directions fo r acquisition of records from private custody;

(d) deal with such other matters as may be prescribed.

15. Power of the Directoi General to lay down norms and standards for courses in archival science.— The Director General 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, prosecution or other legal proceedings 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.— (1) The Central 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, nam ely :—

m

(a ) 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 (d) of sub-section \ 1) of section 6;

8

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No. F. 9 (25) 197-Archives.—The following is

published for general information :—

PUBLIC RECORDS RULES, 199?

(Department of Culture)

New Delhi, the 9th January, 1997

G.S.R. 43.— In exercise of the powers conferred

by sub-section (1 ) of section 17 of the Public

Records Act, 1993 (69 of 1993), the Central

Government hereby makes the following rules,

n am e ly :—

1. Short title and commencement.— (1 ) These rules may be called the Public Records ru le s , 1997.

(2) They shall come into force on the date of their publication in the Official Gazette.

• f't ' » , « 1 • > . - • » . X , • - m 2o Definitions.— In these rules, unless the context otherwise requires,—

(a) "A ct" means the Public Records Act, 1993 (69 of 1993);

(b ) "appraisal" means the evaluation of public records in association with the National

• . Archives of India or Archives of the Union Territory as the case may be; (c ) "classified records" means the files relat- ing to the public records classified as top-secret, secret, confidential and restricted in accordance wih the proce- dure laid down in the M anual of Depart- m ental Secrurity Instructions circulated by the Ministry of Home Affairs from time to time;

(d ) "custody" means the possession of public records;

(e) "defunct body" means a corporate or non- corporate body which has been wound up with no successor to carry on its functions;

(f) "Declassification" means downgrade the security classifications after their evaluation;

s} % • . . f

(g) "file" means a collection of papers relat- ing to the public records on a specific subject-matter consisting of correspon- dence, notes and appendix thereto and assigned with a file number.

(h ) "form" means the form appended to these rules;

(i) "private records" means records lying in the possession of a private individual or with any non-governmental organisation;

(j) "recording" means the process of closing a file after action on all issues considered thereon has been completed;

(k ) "records of permanent nature" means the public records being maintained after r e - ' cording for a period specified, under sub- rule (1 ) of rule 5 by the records creating agency in accordance with the procedure laid in its M anual of Office Procedure or Instructions on the subject;

(1) "retention Schedule of records" means a Schedule which provides the period of retention;

18

(n) "Section" means the section of the Act; (o)

(P)

"Standing guard file" means a compila- tion of papers on a particular subject- matter consisting of copies of policy decision order, instructions or any another matter incidental thereto arranged in a chronological order;

Words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.

3. Nomination of records officer.— The records creating agency shall by an office order issued in pursuance of the provision of sub-section (1) of section 5 of the Act nominate one of its officers, not below the rank of grade of a Section Officer, as the Records Officer. A copy of such office order shall forwarded to the Director General or head of the Archives, as the case mav be.

4. Maintenance of standing guard file.— The records officer shall be responsible for maintaining and keeping a standing guard file and proper record of the directions issued by the Director General or head of the Archives, as the case may be, in pur- suance of the provisions of sub-section (2) of section 6 and shall produce the same for inspection as and when, required by the Director General or head of the Archives, as the case may be.

5. Acceptance of public records of permanent nature,— (1) The Director General or head of the Archives, as the case may be, shall accept for de- posit and preservation public records of permanent nature which have been retained after recording by the records creating agency in its records room for the last twenty five years or more.

(2) Records officer shall intimate to the Director General or head of the Archives, as the case may be, each year before 31st day of January, in Form-I, the particulars of all public records of permanent nature which are due for appraisal during the year.

(3) On receipt of an intimation under sub-rule (2 ) , the Director General or head of the Archives, as the case may be, through his officers shall assist the records officer in conducting the appraisal of public records. When '.he appraisal is over, the records officer shall prepare in triplicate, a transfer list in Form-2 of all public records and deposit the same for preservation with the Director General or head of the Archives, as the case may be who shall after his satisfaction, return one copy of the transfer 1 6 0 D G / 9 9 — 4 . . . . _ _ _ _ _ _ i ? . J L H U — r — r -

list! to the

records.

officer as a of the n

(4) If the records offices after appraisal deems it necessary to retain any record or file of perma- nent nature beyond the period of twenty five years, he may do so for reasons to be recorded in writing and under intimation to the Director General or head of the Archives, as the case may be.

6. Withdrawal of public records.— (1) If public records deposited and preserved with the Director General or head of the Archives, as the case mav be : is required by the records creating agency for any official puipose, then the records officer shall send a duly signed and stamped requisition slip in Form-3 to the Director General or head of the Archives as the case may be.

a

(2) The public records requisitioned under sub- rule (1) may be returned as soon as the purpose is achieved but shall not be retained beyond the f period of six months by the records officer or the record creating agency..

7. Down-grading of classified records.—-(1) The records creating agency shall by an office order authorise an officer not below fhe rank of the Under Secretary to the Government of India to evaluate nd downgrade the classified records being main- tained by it. A copy of such office order shall be forwarded to the Director General or head of the Archives as the case may be.

02) The officer so authorised under sub-rule (1) shall evaluate the classified records every fifth year for the purpose of down-grading.

(3) After down-grading if the officer declares any record as of permanent nature, the same shall be deposited and preserved with the Director General or head of the Archives, as the case may be, after its appraisal.

(4) The records deposited t rider this rule can be requisitioned for any official purpose and return- ed to the Director General or head of the Archives, as the case may be, in the manner provided under rule 6.

(5) Every year in the last week of June and December, a half-yearly .statement in Form-4 shall be furnished by the officer authorised under sub- rule (1) to the Director General or head of the Archives as the. case may be, on the action taken for evaluation and downgrading the classified records.

%

8. Submission of Annual Report.— (1) The records officer nominated under rule 3 shall furnish to the Director General or head of the Archives, as the case may be, an Annual Report in Form-5 every year in the month oj March of the following vear.

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(2 ) The Director Gcueiai or head of the

Archives, as the case may be, shall, thereafter, sub-

mit a report to the Government in the Ministry of

Human R esource 'Development every year on the

action taken by the Records Officer in pursuance

to the provisions of clauses (a) to (1 ) of sub-section

1 of section 6 of the A c t

9. Destruction of Public Records.— (1) No public record shall be destroyed without being re- corded and reviewed in the month of January every year, each records creating agency shall record after consulting the records retention Schedule all those files on which action has been completed. This work shall be accomplished in consultation with the records officer.

(2) No public records which is more than twenty five years old shall be destroyed by any records creating agency unless h is appraised. (3 ) A list of all such public records which are proposed to be destroyed shall be prepared by the record creating agency in Form-6 and retained permanently for further referenc e.

(4) The records officer shall furnish a half yearly report in Form-7 on recording, indexing, reviewing and weeding of records to the Director General or head of the Archives, as the case may be. (5 ) Records shall be destroyed either by burning or shredding in the presence of records officer. % ! L - * < % ■ ' %

10. Access to private records.— (1) Records acquired from private sources by way of gift or purchase or otherwise shall be made available for bona fide research subject to the conditions laid down by the donor.

(2 ) Research scholar shall submit an application in Form-8 to the Director General or head of the Archives, as the case may be, for permission to consult records. The Director General or head of the Archives, as the case may be, may refuse such permission in public interest and for reasons to be recoided on the said application

(3 ) Wherever microfilm rolls may be available, the original records shall not be supplied for con- sultation to research scholars. No copy of any re- cords shall be made by any one without the prior permission of the Director General or head of the Archives, as the case may be.

11. Access to public records.— ( t ) The oublic records accepted for deposit and preservation under sub-rule (1 ) of rule 5 shall be made available for bonafide consultation and reseatch purposes subject to the provision of sub-section (1 ) of section 12 and the following conditions namelv :—

(i) a person who intends to co.isult the public records shall anplv to the Director General or head of the Archives, as the case may be, in Form-8. The Director General or (ii)

head of the Archives, as the cate m ay be, may refuse such permission in public interest and for reasons to be recorded on the said application;

foreign national intending to consult the public records may be permitted only on the production of letters of introduction from their sponsoring institution and (hi)

diplomatic Mission;

record, maps and cartographic records relating to the Ministry of External Affairs and Ministry of Defence, in res- pect of Arunachal Pradesh (including Eastern Section ot the Sino-Indian bolder) Sikkim, Bhutan, Nepal, Tibet, China and Myanmar and areas comprising Pakistan and Balgladesh may be made available for consultation keeping in view the security and the defence of India or of any part of the territory thereof. Records relating to the Ministry of External Affairs, Home Affairs and Human

Resource Develooment in respect of Jammu and Kashmir (including Gilgit and Chitral) may also be nude available for consultation keeping in view the se- curity and defence of Ird ia or of any part of the territory thereof;

Provided hat the Director General or head of the *

archives, as the case may be, refuse such consulta- tion;

(iv) wherever microfilm rolls may be made avail- able, the original records shall not be supplied for consultation to research scholar;

(v) reprographic and transcription facilities may be made available on submission of an application in Form-9 and for such services the applicant shall have to make the payment of such service charges may be fixed by the Director General or head of the Archives, as the case may be, from time to time;

(vi) a person consulting public records for the purpose of research and publishes the work which is based upon the material taken from the said records may acknowledge the same.

(2) A person intending to consult the public re- cords shall not,—

(a) write and put any marks or indicati ens cn public records;

(b) fold, tear, cut, crease, or otherwise damage or mutilate public records;

(c) remove any public records without obtaining the permission from the Director General or head of the Archives, as the case may be;

K

H

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(d) be allowed to take any eatable or drinking products or smoking while consulting public records; the case may be, is detrimental to the maintenance and preservation of public records.

(e) place any thing or object on any public reco- ords with a view to make out any copy of the said records;

(f) disturb or interrupt any other person while consulting the public records; and

(g) behave in a manner which, in the opinion of of the Director General or head of the Archives, as

12. Allowances to the members of the Archival Advisory Board—The members of the Archival Advisory Board nominated by the Central Govern- #

ment under clause (d) of sub-section 2 of Section 13 shall draw travelling allowance and daily allo- wance for attending the .meetings of the Archival Advisory Board at the rates admissible to 'A' officers of the Central Government. Group

Form—1

[See sub-rule (2) of rule 5]

Particulars of records of permanent nature due for appraisal during the year Total number of files of

'A' & 'B' categories lying

in the records rooms of the

Total number of files

of 'A' & 4B' categories

transferred to records

Total No. of files Total No. of files Remarks if any

referred to under due for appraisal

columns 1 and 2

V

records creating agencies rooms by the Sections during the period under

report