An
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 constituted 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)This Act may be called the Public Records Act, 1993.
(2) It shall come into force, on such date as the Central Government may, by notification in the Official Gazette, appoint
- In this Act, unless the context otherwise requires, -
- "Board" means the Archival Advisory Board constituted under sub-section (1) of section 13;
- "Director
General" means the Director General of Archives appointed by the
Central Government and includes any officer authorized by that
Government to perform the duties of the Director General
- "Head of the Archives" means a person holding the charge of the Archives of the Union Territory Administration;
- "prescribed" means prescribed by rules made under this Act;
- "public records" includes -
- any document, manuscript and file;
- any microfilm, microfiche and facsimile copy of a document;
- any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
- 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 Central Government, any ministry, department or office of that Government;
- 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 Government, the offices of the said body,
corporation, commission or committee;
- in relation to a Union Territory Administration, any department or office of that Administration;
- in
relation to any statutory body or corporation wholly or, substantially
controlled or financed by Union territory Administration or commission
or any committee constituted by that Government, the offices of the said
body, corporation, commission or committee;
- "records officer" means the officer nominated by the records creating agency under sub-section (1) of section 5.
- (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, authorize the Director General on 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
function, namely :-
- supervision, management and control of the Archives.
- acceptance for deposit of public records of permanent, nature after such period as may be prescribed;
- custody, use and withdrawal of public records;
- arrangement, preservation and exhibition of public records;
- preparation of inventories, indices, catalogues and other reference media of public records;
- analyzing,
developing, promoting and coordinating the standards, procedures and
the techniques for improvement of the records management system
- ensuring
the maintenance, arrangement and security of public records in the
Archives and in the offices of the records creating agency;
- promoting utilization of available space and maintenance of equipments for preserving public records;
- tendering
advice to records creating agencies on the compilation, classification
and disposal of records and application of standards, procedures and
techniques of records management;
- survey and inspection of public records;
- organizing training programmes in various disciplines of Archives administration and records management;
- accepting records from any private source;
- regulating access to public records;
- receiving records from delunet bodies and making arrangement for securing public records in the event of national emergency;
- receiving reports on records management and disposal practices from the records officer;
- providing authenticated copies of, or extracts from, public records;
- destroying or disposal of public records;
- obtaining on lease or purchasing or accepting as gift any document of historical or national importance.
- No person shall take or cause to be taken out of India any public records 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.
- (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.
- (1) The records officer shall be responsible for -
- proper arrangement, maintenance and preservation of public records under his charge;
- periodical review of all public records and weeding out public records of euphomeral value;
- appraisal
of public records which are more than twenty-five years old in
consultation 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;
- destruction of public records in
such manner and subject to such conditions as may be prescribed under
sub-section (1) of section 8;
- 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;
- periodical review for downgrading of classified public records in such manner as may be prescribed;
- adoption
of such standards, procedures and techniques as may be recommended from
time to time by the National Archives of India for improvement of
record management system and maintenance of security of public records;
- compilation of annual indices of public records;
- compilation of organizational history and annual supplement thereto;
- assisting
the National Archives of India or, as the case may be, the Archives of
the Union territory for public records management;
- submission
of annual report to the Director General or, as the case may be head of
the Archives in such manner as may be prescribed;
- 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 direction of the Director
General or, as the case may be, head of the Archives while discharging
the responsibilities specified in sub-section (1).
- (1) The
records officer shall, in the event of any unauthorized removal,
destruction, defacement or alteration of any public records under his
charge, forthwith take appropriate action for 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 Archives without any delay on any information about any
unauthorized removal, destruction, defacement or alteration of any
public records under his charge and about the action initiated by him
and shall take action as he may deem necessary subject to the
directions, if any given by the Director General or, as the case may be,
head of the Archives.
(3) The records officer may 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.
- (1) Save as
otherwise provided in any law for the time being in force, no public
record shall be destroyed or otherwise disposed of excepts 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.
- Whoever contravenes 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.
- No public
records bearing security classification shall be transferred to the
National Archives of India or the Archives of the Union Territory.
- (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.
- (1) All
unclassified 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.
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.
- (1) The Central Government
may, by notification in the Official Gazette, constitute an Archival
Advisory Board for the purposes of this Act.
(2) The Board shall consist of the following members, namely :-
- Secretary to the Government of India in the Ministry of Central Government dealing with Culture
- One
officer not below the rank 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.
- Two
representatives not below the rank of Joint Secretary in the Union
Territory Administrations to be nominated by the Central Government.
- Three
persons to be nominated by the Central Government for a period not
exceeding three years, one being an Archivist and two being Professors
in the Post-graduate Department of History in any recognized University.
- Director General of Archives.
- The members nominated under clause (d) of sub-section (2) shall be paid such allowances as may be prescribed.
- The Board shall perform the following functions, namely :-
- advise
the Central Government and Union Territory Administrations on matters
concerning the administration, management, conservation and use of
public records;
- lay down guidelines for training of Archivists;
- give directions for acquisition of records from private custody;
- deal with such other matters as may be prescribed.
- 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.
- 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.
- (1) The Central Government may, by notification in the Official Gazette, makes 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,
- the period after which public records of permanent nature may be accepted under clause (b) of sub-section (2) of section 3;
- 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;
- 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;
- the manner in which the records officer will report
to the Director General or the head of the Archives under clause (k) of
sub section (l) of section 6;
- the manner in which and the
conditions subject to which public records may be destroyed or disposed
of under sub-section (l) of section 8;
- the manner in which and
the conditions subject to which records of historical or national
importance may be made available to research scholar under sub-section
(2) of section 11;
- exceptions and restrictions subject to which
public records may be made available to a research scholar under
sub-section (1) of section 12;
- the manner in which and the
conditions subject to which any records creating agency may grant to any
person access to public records in its custody sub-section (2) of
section 12;
- the allowances payable to members of the Board under sub-section (3) of section 13;
- the matters with respect to which the Board may perform its functions under clause (d) of section 14;
- any other matter which is required to be, or may be, prescribed.
- Every
rule made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule.
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