The Public Records Act, 1993 & Public Records Rules, 1997

T35S??mXi W. 3] No. 3] .XT

s ^ f q f e w r c . 21, 1999/ n m 1, 1920

DELHI, THURSDAY, JANUARY 21, 1999/MAGHA 1, 1920 WT IV

(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 embodied 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 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 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 prescribed; (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 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, 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; (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.

(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 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 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; (l) 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) 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 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.

(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 records 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 further 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) The records officer of the records creating agency shall ensure that the file is recorded after the action is completed and such recorded file shall be retained in the agency for the period as specified in the retention schedule. (i) (iii) (iii) Recording of file, noting of classification, indexing, stitching, marking the movement of files, the records officer shall ensure the maintenance of index, list and record of files, in the form as specified in Schedule-8; (iv) The records officer shall ensure that the files kept for permanent retention are periodically checked and kept in functional order; (v) After 25 years the records shall be transferred to the National Archives of India or as the case may be, the Archives of the Union territory; (vi) The records officer shall issue a certificate of record to the effect that the records to be transferred for permanent retention are in good condition.

(1) The public records accepted for deposit and preservation under sub-rule (1) of rule 5 shall be made available for bonafide consultation and research purposes subject to the provision 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) record, 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 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 records shall not,— (a) write and put any marks or indications on 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; (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.

(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 subiect 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 dealing with culture. Chairman, ex-officio ; (b) one officer not belov, th rani 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 ; (c) two representatives not below the rank of Joint Secretary in the Union territory Administrations to be nominated by the Central Government. Members ; (d) three persons to be nominated by the Central Go/eminent for a period not exceeding three years, one behi'i an Archivist and two being Professors in the Post-graduate Department of History in any recognised University. Members; (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.

The Board shall perform the following functions, namely :— (a) advise the Central Government and Union territory Adnnnistratk ns 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 sub-section (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 sub-section (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 aigency 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 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 modificationi 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 oi 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

1. (i) Whether Departmental Records Officer has received training in Records Management?
2. (ii) Whether the junior staff working in the Departmental Records Room are trained in various aspects Of Records Management?
3. (iii) If not, are you willing to avail training facilities existing at National Archives of India. D.I. Sharing of space for housing semi-current records at National Archives/Archives of the Union Territory :
4. (i) Whether your organisation is willing to share space at National Archives, New Delhi and its Records Centres at Jaipur, Pondicherry and Bhubaneswar and Regional Office at Bhopal?
5. (ii) If yes, please state bulk of records proposed to be transferred.

II. (i) Whether your Organisation is willing to share space at the Archives of the Union Territory?

1. (ii) If yes, please state the bulk of records proposed to be transferred. 4 T I Part IV] DELHI GAZETTE NATIONAL CAPITAL TERRITORY GOVT. : JANUARY 21, 1999/MAGHA 1, 1920 2. Periodical recording, reviewing and weeding out of semi-current records:
2. (i) Whether your organisation has taken steps for recording, reviewing and weeding out of ephemeral records?
3. (ii) Indicate the total number of records recorded, reviewed and weeded out during the period under report.

3. Appraisal of Non-Current records :—

1. (i) Whether your organisation has initiated action to get non-current records appraised .in consultation with National Archives?
2. (ii) State the total bulk of records awaiting appraisal.

4. Compilation/Revision of Retention Schedule of Records :

1. (i) Whether your organisation has compiled Record Retention Schedule.of substantive functions in consul­

tation with National Archives and if not what action do you propose to take?

1. (ii) Has your organisation taken steps to revise the above schedule after five years? 5. Periodical review of classified records :—
2. (i) Whether your organisation has de-classified the classified records during the period under report?
3. (ii) if not, state reasons?

6. Compilation of Annual indices to Records :

1. (i) Whether your organisation has compiled annual indices?
2. (ii) State inclusive years with the name of the.series? 7. Compilation of Organisational history : Has your organisation compiled organisational history reflecting various functions along with the date of their

1. (i) Whether your organisation has got records of defunct bodies, give details?
2. (ii) If yes, what action have you initiated for their transfer to National Archives ? Form—6 [See sub-rule (3) of rule 9] Particulars of records destroyed during the year SI. No. File Nos. Subject of the files - Remarks 1' • Form*<-7

[See sub-rule (4) of rule 9]

Half yearly report on recording, indexing, reviewing and weeding of records during the half year ending.

Remarks No. files recorded files indexed files reviewed files weeded out, if any • 1 2 m % . ^ - ...

• • • • * <r«* fc. 0 28 DELHI GAZETTE NATIONAL CAPITAL TERRITORY GOVT. : JANUARY 21, 1999/MAGHA 1, 1920 [Part IV Form—8

[See rule (2) of rule 10 and clause (i) of sub-rule (1) of rule 11]

(Application form for permission to consult records) To

The Director General of Archives,

Government of India, New Delhi-110001. Sir, I hereby apply for enrolment as a research scholar for consulting records in the Research Room of the National

Archives of India. I agree to comply with the rules and conditions in force and promise to deposit a copy of each

of my work based on the.materials consulted at the National Archives of India immediately after the publica­ tion. 1. Name, including Surname : Sh./Smt./Km./Dr.------------------------------------------------------------------------------

11. Address (i) Local : ——-----------------

1. (ii) Permanent :

Particulars of records to be consulted :

Department PeriodRemarks 1. 2. 3. 4. "Scholars are requested to attach a letter of recommendation from their University/Institution/Department. However, the foreign scholars are requested to bring a letter of accredition from the diplomatic representatives of

their country in India as well.

Form—9 To Sir,

[See clause (v) of sub-rule (1) of the II]

Application for Reprographic/Transcription facilities

New Delhi.

Dated :

Kindly supply me Microfilm (NFG/POS) PHOTO COPIES/XEROX TRANSCRIPTS of the materials) indicated in the enclosed list for my research/publication/University. The material it from the Ministry(s) De­ partments) of--------------------------------------------—--------- ----------------it consists of---------------------- ——----- items and covers the period from— — -------------—------------------------to____________________

Part IVl DELHI GAZETTE NATIONAL CAPITAL TERRITORY GOVT. : JANUARY 21, 1999/MAGHA 1, 1920 29 1. I'declare that the above material is for my research/publication/university. 2. I undertake to pay the charges as per schedule of rates prevailing at the time of completion of work. I under­

stand and accept that the estimated cost, when supplied is only tentative and the rates are also liable to revision

without notice.

4. The material, if published will be suitably acknowledged and provisions of copyright, where applicable, will be complied with.

5. I hereby deposit a sum of Rs.---------------------------------------------- as advance.

Yours faithfully,

Local Address. FOR OFFICE USE Advance received vide receipt No.------------------------------------dated--------------------------for Rs.------------------------ Service charges have come to Rs.------------------------------------------------------------------------------------------------------

Date [No. F. 16-2/94-RM]

NATHU SINGH, Director of Archives Printed by the Manager. Gent, of India Press, Ring Road, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054, 1999