The Arunachal Pradesh Public Record Act, 2011

Short title, extent and commencement.

1. (1) This Act may be called the Arunachal Pradesh Public Records Act, 2011.
2. (2) It extends to the whole of the State of Arunachal Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "Board" means the Arunachal Pradesh State Archival Advisory Board constituted under sub-section

1. (1) of section 13;
   • (b) "Director" means the Director of Archives appointed by the State Government and includes any officer authorised by that Government to perform the functions of the Director;
   • (c) "Head of Archives" means the head of the State Archives;
   • (d) "Public Record" includes—
     • (i) any document, microfilm, xerox or a copy thereof;
     • (ii) any other material produced by a computer or by any other device;
     • (iii) any record containing any entry or extract from any document, microfilm, xerox or a copy thereof, of any public record management or administration; or
     • (iv) any act, notification, order, rule or regulation in force;
   • (e) "Record Officer" means an officer nominated by the records creating agency under sub-section
2. (1) of section 5;
   • (f) "Records creating agency" includes—
     • (i) any State Government Department;
     • (ii) any public sector undertaking of the State Government;
     • (iii) any statutory body or corporation established by the State Government;
     • (iv) any commission or committee appointed by the State Government.

Prohibition against destruction of public records.

1. (1) Save as otherwise provided in this Act, no public record shall be destroyed or disposed of except in accordance with the provisions of this Act and under and in accordance with the mode of destruction prescribed by the Government in this behalf.
2. (2) No public record shall be destroyed or disposed of unless it is reviewed by a departmentally constituted Records Review Committee and certified by it that the records are of no further administrative or historical value and provided that the records are not in any court case or audit or Inquiry.
3. (3) The Records Review Committee shall be constituted by notification in the official gazette by the Government.

Records Officer.

1. (1) Every records creating agency shall nominate one of its officers as the Records Officer.
2. (2) The Records Officer shall be responsible for—
   • (a) proper arrangement, maintenance and preservation of public records under the charge of the records creating agency;
   • (b) periodical review of all public records and weeding out of public records of no value;
   • (c) appraisal of public records which are more than twenty-five years old by the Archival Advisory Board 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;
   • (e) compilation of a schedule of retention for public records;
   • (f) periodical review of the public records;
   • (g) adoption of such standards, procedures and techniques as may be recommended by the National Archives of India/State Archives from time to time for preservation, arrangement and indexing of public records;
   • (h) transaction of business by the Records Officer;
     • (i) submission of annual report to the Director;
   • (j) providing access to the public records as provided in this Act;
   • (k) providing all reasonable facilities to the persons properly authorised to consult the public records.

Responsibilities of Record Officer.

1. (1) The Record 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 of public records of ephemeral value;
   • (c) appraisal of public records which are more than twenty-five years old in consultation with the Archives for the purpose of transferring those of permanent value to the Archives;
   • (d) destruction of public records in such manner and subject to such conditions as may be prescribed;
   • (e) compilation of a schedule of retention for public records in consultation with the Archives;
   • (f) adoption of such standards, procedures and techniques as may be recommended by the Archives for improvement of record management system and maintenance of security of public records;
   • (g) compiling an annual index of public records;
   • (h) providing all available assistance to the research scholar who intends to consult the public records;
     • (i) imparting appropriate training to all persons working under his charge for proper maintenance and preservation of public records;
   • (j) submission of an annual report to the Director in such manner as may be prescribed.
2. (2) The Record Officer shall act under the direction of the Director of Archives while exercising his powers and discharging his duties under this Act.

Records Creation.

1. (1) Every records creating agency shall maintain its public records in such manner as may be prescribed and for the purpose of such maintenance may tender advice to the Record Officer.
2. (2) Every records creating agency shall maintain a register or such other records of public records under its control as may be prescribed.

Categorization and preservation of public records.—

1. (1) The records shall be categorized and recorded in accordance with the provisions of this Act and the rules made thereunder.
2. (2) The records officer shall—
   • (a) keep the public records under his control in an accessible form;
   • (b) carry out such periodic review, appraisal and weeding of the public records as may be prescribed;
   • (c) tender such advice as deemed necessary to the record creating agency regarding the categorization and preservation of public records.
3. (3) The records officer shall, in the event of any unauthorized removal, destruction, defacement or alteration of any public records under his charge, forthwith take action to recover or restore the records.

Responsibility of Directorate of Archives.—

1. (1) The Directorate of Archives shall be responsible for—
   • (a) the compilation and maintenance of the catalogue of the public records;
   • (b) the acceptance of deposit of public records;
   • (c) the administration and maintenance of the public records;
   • (d) the preservation and repair of the public records;
   • (e) the authentication of public records;
   • (f) the providing of all archival services;
   • (g) the tendering of advice to the record creating agencies on the preservation of public records;
   • (h) the publication of the public records;
     • (i) the selection and publication of archival materials;
   • (j) the arrangement of the public records;
   • (k) the research and reference services;
   • (l) the facilitating of the public records for study and research;
   • (m) the promotion of public awareness about public records;
   • (n) the training for the records management.
2. (2) The Directorate of Archives may—
   • (a) inspect the public records;
   • (b) render assistance to the record creating agencies in the matter of the maintenance and organization of the public records;
   • (c) examine any records which are offered to it for the purpose of their inclusion in the records under its control;
   • (d) adopt such measures as it deems necessary for the preservation of the public records.

Destruction of public records

1. (1) Subject to the provisions of section 8, a public record shall not be destroyed or otherwise disposed of except in accordance with the rules made in this behalf under this Act.
2. (2) The Records Officer shall, in the event of any disposal of any public record in pursuance of any rule made under sub-section (1), make a report in writing to the Director of Archives in such form as may be prescribed specifying the details of the public records so disposed of.

Public records open to access to public

1. (1) All public records shall be open for public access, subject to the provisions of this Act or any other law for the time being in force: Provided that the Central Government or the State Government, as the case may be, may by rules specify the level of access to such records.
2. (2) Any public record, which is more than thirty years old, shall be open for inspection by the public, subject to such exceptions and restrictions as may be prescribed.

Restriction on access to public records.—

1. (1) Public records pertaining to the Cabinet including Council of Ministers, Secret notes and correspondence and other documents the disclosure of which would cause a breach of privilege of State Legislature or tend to constitute an offence or would be injurious to public order or cause grave damage to the sovereignty and integrity of India, security of the State and scientific and strategic interest of the State shall not be accessible to any person.
2. (2) Notwithstanding anything contained in sub-section (1), any public record which is more than thirty years old and which after such scrutiny as the Government may deem reasonable, is transferred to the Archives may be accessed by any person.

Reports.—

1. (1) The Director of Archives shall, once in every year, submit to the Government a report on the administration of this Act.
2. (2) The Government shall cause a copy of the report referred to in sub-section
3. (1) to be laid before each House of the State Legislature.

Penalties

1. (1) If any person contravenes any of the provisions of sub-section
2. (1) of section 4 or sub-section
3. (1) of section 7, he 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.
4. (2) If any person contravenes any of the provisions of this Act or any rule made thereunder, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie against the Director or the Head of Archives or any Record Officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rule made or order issued thereunder.

-1 15. Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (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 matters for which public records are to be appraised under sub-section
3. (2) of section 7;
   • (b) the conditions and restrictions under which records of national importance may be exported under section 13;
   • (c) any other matter which is required to be, or may be, prescribed under this Act.
4. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislative Assembly 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, the State Legislative Assembly agrees in making any modification in the rule or the State Legislative Assembly agrees 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.