Public Records Act, 1993 Complete Act - Bare Act

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,-

(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;

(d) "prescribed" means prescribed by rules 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 embodies in such microfilm (whether enlarged or not); and

(iv) any other material produced by a computer 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 Government, the offices of the said body, corporation, commission or committee;

(iii) in relation to a Union territory Administration, any department or office of that Administration;

(iv) 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 Administration, the offices of the said body, corporation, commission or committee;

(g) "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 co-ordinate, 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 Director 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, namely:-

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

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

(c) custody, 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 tech- niques 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, procedures and techniques of records management;

(j) survey and inspection on public records;

(k) organising training programmes in various disciplines of Archives administration and records management;

(l) 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;

(q) destroying or disposal of public records;

(r) 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-

(a) proper arrangement, maintenance and preservation of public records under his charge;

(b) periodical review of all public records and weeding out public records of ephemeral value;

(c) 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:

(d) destruction of public records in such manner and subject to such conditions as may be pre- scribed 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 pre- scribed;

(g) 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;

(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 the Union territory for public records management;

(k) 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;

(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 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 unauthorised 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 unauthorised 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 except in such manner and subject to such conditions as may be prescribed.

(2) No record created before the year 1982 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-orsection 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 Achieves 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 re search 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:-

(a) Secretary to the Government of India in the Ministry of Central Government - Chairman, ex officio, dealing with culture

(b) one officer, not below the rank of Joint Secretary to the Government of Members, ex officio: 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

(c) two representatives not below the rank of Joint Secretary in the Union Members; territory Administrations to be nominated by the Central Government

(d) three persons to be nominated by the Central Government for a period Members: not exceeding three years, one being an Archivist and two being Professors in the Post-graduate Department of History in any recognised University.

(e) Director General Member-Secretary, ex officio.

(3) 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: -

(a) advise the Central Government and Union territory Administrations on matters concerning the administration, management, conservation and use of public records:

(b) lay down guidelines for training of Archivists:

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

(d) 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, 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;-

(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-;

(c) the manner in which periodical review of classified public records for downgrading shall be undertaken under clause (f) of subsection (1) of section 6-;

(d) the manner in which the records officer will report to the Director General or the head of the Archives under clause (k) of subsection (1) of section 6-;

(e) the manner in which and the conditions subject to which public records may be destroyed or disposed of under sub-section (1) of section 8-;

(f) 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-;

(g) exceptions and restrictions subject to which public records may be made available to a research scholar under sub-section (1) of section 12-;

(h) 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 under sub-section (2) of section 12-;

(i) the allowances payable to members of the Board under sub-section (3) of section 13-;

(j) the matters with respect to which the Board may perform its functions under clause (d) of section 14-;

(k) any other matters 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 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.

Ministry of Human Resource Development (Deptt. of Culture), Noti. No. G.S.R. 43, dated January 9, 1997, published in the Gazette of India, Extra., Part II, Section 3(i), dated 18th January, 1997, pp. 734-740, No. 3 [No. F. 16-2/94-RM] 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, namely: -

(1) These rules may be called the Public Records Rules, 1997.

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

In these rules, unless the context otherwise requires, -

(a) "Act" 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 Union Territory as the case may be;

(c) "classified records" means the files relating to the public records classified as top-secret, secret confidential and restricted in accordance with the procedure laid down in the Manual of Departmental Security 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) "file" means a collection of papers relating downgrade the security classifications after their evaluation;

(g) "file" means a collection of papers relating to the public records on a specific subject-matter consisting of correspondence, 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 recording for a period specified, under sub-rule (1) of Rule 5-by the records creating agency in accordance with the procedure laid in its Manual of Office Procedure or

Instructions on the subject;

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

(m) "review" means periodical evaluation of recorded files on the expiry of the period of retention for determining their further retention or destruction, as the case may be

;

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

(o) "Standing guard file" means a compilation of papers on a particular subject- matter consisting of copies of policy decisions, orders, instructions or any another matter incidental thereto arranged in a chronological order;

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

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

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 pursuance 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.

(1) The Director General or Head of the Archives, as the case may be, shall accept for deposit and preservation the 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 31^st day of January, in Form-1, 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 the 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 list to the Records Officer as a receipt of the public records.

(4) If the Records Officer after appraisal deems it necessary to retain any record or file of permanent 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.

(1) If public records deposited and preserved with the Director General or Head of the Archives, as the case may be, is required by the records creating agency for any official purpose, than 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.

(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 period of six months by the Records Officer or the record creating agency.

(1) The records creating agency shall by an office order authorise an officer not below the rank of the Under Secretary to the Government of India to evaluate and downgrade the classified records being maintained 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.

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

(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 under this rule can be requisitioned for any official purpose and returned 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.

(1) The Records Officer nominated under Rule 3-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 of March of the following year

(2) The Director General or Head of the Archives, as the case may be, shall, thereafter, submit a report to the Government in the Ministry of Human Resource 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 Act.

(1) No public record shall be destroyed without being recorded 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 record which is more than twenty five years old shall be destroyed by any records creating agency unless it 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 future reference.

(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.

(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 recorded on the said application.

(3) Whether microfilm rolls may be available, the original records shall not be supplied for consultation to research scholars. No copy of any record shall be made by any one without the prior permission of the Director General or Head of the Archives, as the case may be.

(1) The public records accepted for deposit and preservation under sub-rule (1) of Rule 5 -shall be made available for bona fide consultation and research purposes subject to the provisions of sub-section (1) of Section 12 and the following conditions namely :-

(i) a person who intends to consult the public records shall apply to the Director General or Head of the Archives, as the case may be, in Form 8. 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 recorded on the said application;

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

(iii) records, maps and cartographic records relating to the Ministry of External Affairs and Ministry of Defence, in respect of Arunachal Pradesh (including Eastern Section of the Sino-Indian border) Sikkim, Bhutan, Nepal, Tibet, China and Myanmar and areas comprising Pakistan and Bangladesh 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

Development in respect of Jammu and Kashmir (including Gilgit and Chitral) may also be made available for consultation keeping in view the security and defence of India or of any part of the territory thereof: Provided that the Director General or Head of the

Archives, as the case may be, refuse such consultation;

(iv) wherever microfilm rolls may be made available, 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 as 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 the 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 records shall not,-

(a) write and put any marks or indications or on public records;

(b) fold, tear, cut, crease, or other 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;

(d) be allowed to take any eatable or drinking products or smoking while consulting public records;

(e) place any thing or object on any public records 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 the Director General or Head of the Archives, as the case may be is detrimental to the maintenance and preservation of public records.

The members of the Archival Advisory Board nominated by the Central Government under clause (d) of sub-section (2) of Section 13 shall draw traveling allowance and daily allowance for attending the meetings of the Archival Advisory Board at the rates admissible to Group 'A' officers of the Central Government.

FORM 1

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

Particulars of records of permanent nature due for appraisal during the year ...............................................................

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