Chapter II PUBLIC RECORDS

Power of the Government to co-ordinate, regulate and supervise operations connected with administration, maintenance and appraisal of public records.—

1. (1) The Government shall have the power to co-ordinate, regulate and supervise the operations connected with the administration, management, maintanence, selection, appraisal, disposal and destruction of public records under this Act.
2. (2) The Government may, in relation to the public records of the records creating agencies, by order, authorise the Director or any other officer, 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, protection and exhibition of public records;
   • (e) preparation of inventories, indices, catalogues and other reference media of public records;
   • (f) analysing, developing, promoting and co-ordinating the standards, procedures and techniques for improving the records management system;
   • (g) ensuring the maintenance, arrangement and security of public records in the State Archives Department and in the offices of the records creating agencies;
   • (h) promoting utilization of available space for the preservation of public records and maintenance of equipments;
     • (i) rendering advice to records creating agencies on the compilation, classification and disposal of public records and for application of standards, procedures and techniques of records management;
   • (j) survey and inspection of public records;
   • (k) organizing training programmes in the fields of archives administration and records management;
   • (l) accepting records of archival value from private sources;
   • (m) regulating access to public records;
   • (n) receiving records from defunct institutions and making arrangement for ensuring the security of public records in the event of national emergency;
   • (o) receiving reports on records management and disposal practices from the records officer;
   • (p) providing certified copies of, or extracts from, public records in the manner as may be prescribed;
   • (q) destruction and disposal of public records;
   • (r) accepting any record of historical, national or administrative importance by way of purchase or as gift or in any other manner as may be prescribed; providing guidelines for the preservation of public records that are destroyed in disasters which comes under the definition of ‘disaster’ under the Disaster Management Act, 2005 (Central Act 53 of 2005).

—No person or institution shall take or cause to be taken out of the State the originals of public records of permanent value without the prior approval of the Government:

Records officer

1. (1) Every records creating agency shall authorise one of its officers as records officer to discharge the functions under this Act.
2. (2) Every records creating agency shall set up such number of record rooms in such places as it deems fit in such offices and shall authorise one records officer for each record room.

The records officer shall have the following responsibilities, namely:—

1. (a) proper arrangement, maintenance and preservation of public records under his charge;
2. (b) periodical review of all public records and weeding out public records of euphemeral value in such period as may be prescribed;
3. (c) appraisal of public records of more than twenty-five years old, in consultation with the State Archives Department, for retaining public records of permanent value, in such manner as may be prescribed;
4. (d) destruction of public records as provided in sub-section

1. (1) of section 8;
   • (e) preparation of a schedule of retention indicating period of retention of public records;
   • (f) submitting recommendations after conducting periodical evaluation in such manner as may be prescribed, for declassifying the classified documents;
   • (g) adoption of such standards, procedures and techniques as may be recommended from time to time by the State Archives Department for the improvement of records management system and security of public records;
   • (h) compilation of annual indices of public records;
     • (i) consolidation of organisational history and annual supplement thereto;
   • (j) assisting the State Archives Department for public records management;
   • (k) submission of annual report to the Director in such manner as may be prescribed;
   • (l) transferring the records of any defunct institutions to the State Archives Department in accordance with the directions of the Director.

1. (1) If the records officer is satisfied that any public records in his custody has been unauthorisly removed, destructed, defaced or altered,—
   • (i) the said information shall be reported to the Head of the Department within a maximum period of one month and the Head of the Department shall take further action on it by conducting departmental inquiry; and
   • (ii) the records officer shall take immediate and appropriate steps to recover and restore such public records.
2. (2) The details regarding the action taken under sub-section
3. (1) shall be communicated to the Director in writing within a maximum period of three months.
4. (3) For the purpose of recovering or restoring the public records, the records officer may,—
   • (i) seek assistance of any Government Officer and such officer shall render all such assistance;
   • (ii) accept technical or other kind of assistance from any person related thereto.

1. (1) No public record shall be destroyed or otherwise disposed unless subject to the provisions and in such manner under the Kerala Destruction of Records Act, 1961 (2 of 1962) and rules made thereunder, or under such rules made under this Act, as the case may be.
2. (2) No records that are more than hundred years old shall be destroyed except with the permission of the Government and on the report of the Director that it is so defaced or is in a condition that it cannot be put to archival use.

1. (1) The Head of the Department or any Officer authorised by him shall file case before the court in respect of any matter punishable under this Act or rules made thereunder.
2. (2) Whoever contravenes any of the provisions of section 4 or section 8 of this Act, as the case may be,—
   • (i) offences in respect of the public records which are more than hundred years old or having archival value, shall on conviction, be punishable with imprisonment for a term which may extent to five years or with fine which may extent to fifty thousand rupees or with both;
   • (ii) offences in respect of public records of permanent value, shall on conviction, be punishable with imprisonment for a term which may extent to three years or with fine which may extent to twenty five thousand rupees or with both;
   • (iii) offences in respect of the public records other than those referred to in item
   • (i) and item
   • (ii) shall on conviction, be punishable with imprisonment for a term which may extent to six months or with fine which may extent to ten thousand rupees or with both, or with community service.

No Public records which are classified as confidential or bearing security classification shall be transferred by the record creating agency to the State Archives Department.

1. (1) The State Archives Department may accept any record of historical, national and administrative importance from private source by way of gift, purchase or otherwise as may be prescribed.
2. (2) The State Archives Department may, subject to such conditions and in such manner as may be prescribed, make any record referred to in sub-section
3. (1) available to any bona fide research scholar.

1. (1) All unclassified public records which are more than thirty years old and are transferred to the State Archives Department may, subject to such exceptions and restrictions as may be prescribed be 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 creation of the public record.
2. (2) The 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.