The Uttar Pradesh Public Records Act, 2025

1. (1) This Act may be called the Uttar Pradesh Public Records Act, 2025. (2) 1t shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. In this Act unless the context otherwise requires :- Difinitions (a) "Board" means the State Archival Advisory Board constituted under sub-section (1) of Section 13; (b) "Director" means the Director of Uttar Pradesh State Archives appointed by the State Government and includes any officer authorized by the State Government to perform the duties of the Director; (c) "Prescribed" means prescribed by rules made under this Act; (d) "Public Records" includes, -

1. (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 record creating agency; (e) "Records Creating Agency" includes,- (i) in relation to the State Govemnment, any Department or office of the State Government; (ii) in relation to any statutory body or corporation wholly or substantially controlled or financed by the State Government or commission or any committee constituted by the State Government, the offices of the said body, corporation, commission or committee ; (f) "Records Officer" means the officer nominated by the records creating agency under sub-section (1) of Section 5; (g) "State Government" means the Government of Uttar Pradesh.

3. (1) The State Government shall have the power to co-ordinate, regulate and supervise regulate supervise the operations connected with the administration, management, preservation selection, disposal and retirement of public records under this Act. (2) The State Government in relation to the public records of the records administration, creating agencies may, by order, authorise the Dircctor, subject to such conditions, as the case 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 co-ordinating 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 Department of 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) organizing 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 capies 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.

4.No person shall take or cause to be taken out of the State any public records without the prior approval of the State Government: Provided that no such prior approval shall be required if any public records are taken or sent, out of the State for any official purpose.

5.(1) Every Records Creating A, gency 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

6.(1) The Records Officer shall be responsible for :—

1. (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 euphemeral value; (c) appraisal of public records, which are more than twenty-five years old, in consultation with the Uttar Pradesh State Archives 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-scction (1) of Section 8 ; (e) compilation of a schedule of retention for public records in consultation with the Uttar Pradesh State Archives; (f) periodical review for downgrading of classified public records in such manner as may be prescribed; (g) adoption of such standards, procedures and technique as may be recommended from time to time, by the Uttar Pradesh State Archives for improvement of record management system and maintenance of security of public records; (h) compilation of annual indices of public records; (i) compilation of organizational history and annual supplement thereto; (j) assisting the Uttar Pradesh State Archives for public records management; (k) submission of annual report to the Uttar Pradesh State Archives in such manner as may be prescribed; (l)transferring of records of any defunct body to the Uttar Pradesh State Archiycs for preservation.

1. (2) The Records Officer shall act under the direction of the Uttar Pradesh State Archives while discharging the responsibilities specified in sub-section (1).

7.(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.

1. (2) The Records Officer shall submit a report in writing to the Director 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.
2. (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.

8. (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.

1. (2) No record, which is more than hundred years old on the datc of commencement of this Act shall be destroyed except where in the opinion of the Director, it is so defaced or is in such condition that it cannot be put to any archival use.

9. 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 fifty thousand rupees or with both.

10. No public records bearing security classification shall be transferred to the Uttar Pradesh State Archives.

11. (1) The Uttar Pradesh State Archives may, accept any record of historical or national importance from any private source by way of gift, purchase or otherwise.

1. (2) The Uttar Pradesh State Archives 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.

12. (1) All urclassified public records as are more than thirty years old and are transferred to the Uttar Pradesh State Archives may be, subject to such exceptions and restrictions as may be prescribed, made available to any bona fide research scholar. Explanation - For the purpose 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

13. (1) The State Government may by notification in the Official Gazette, constitute an Archival Advisory Board for the purpose of this Act.

1. (2) The Board shall consist of the following members, namely:—
   • (a) The Additional Chief Secretary/The Principal Secretary/Secretary to Government, Department of Culture, Uttar Pradesh - Chairman Ex-officio; (b)One officer not below the rank of Special Secretary to Government of Uttar Pradesh, each from Secretariat Administration Department, Home Department, Finance Department, Revenue Department and Planning Department - Members Ex-officio; (c) Four persons to be nominated by the State Government for a period not exceeding three years, two being an Archivists and two being Professors in the Department of Medieval and Modern Indian History in any recognised University - Members; (d) The Director, Uttar Pradesh State Archives - Member Secretary, Ex-officio.
2. (3) The members nominated under clause (c) of sub-section (2) shall be paid such allowances as may be prescribed.

14. The Board shall perform the following functions, namely:- (a) advise the State Government 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.

15. The Director shall have the powers to lay down norms and standards for courses curricula, assessment and examinations relating to the training in archival science and other ancillary subjects.

16. 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 there under.

17. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

1. (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 the public records can be destroyed under clause (d) of sub-section(l) 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 Scction 6; (d) the manner in which the Records Officer will report to the Director 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 a 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 matter which is required to be, or may be, prescribed.

18. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, 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.