LexThe ASSAM PUBLIC RECORDS ACT, 2002
Assam · state statute
Open in Lexace · Ask the AI about this act1
~I
---Registered No.768/97
THE ASSAM GAZETTE
~~q
EXTRAORDINARY
w~ <t>'9'{/<!! ~ ~
PUBLISHED BY AUTHORITY
~~ 712 fi1xf91~, 1~. 21 "'1C<1o;?t1, 2002, 30~, 1924 (~)
No. 712 Dispur, Thursday, 21 st November, 2002, 30th Kartika, 1924 (S.E.)
GOVERNMENT OF ASSAM
ORDERSBYTHEGOVERNOR
LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH
NOTIFICATION
The 21 s.t November , 2002
No.LGL.16/2002/27.-- The following Act of the Assam Legislative
Assembly which received the assent of the Governor is hereby published
for general information.
5674 THE ASSAM GAZETTE EXTRAORDINARY, NOVEMBER ?'~
ASSAM ACT No. XVI OF 2002
Received the Assent of Governor on 18th November, 2002
Preamble.
Short title,
extent and
commence
ment.
THE ASSAM PUBLIC RECORDS ACT, 2002
AN
ACT
to
regulate the management, administration and preservation of
Public Records of the Government of Assam, Public Sector
Undertaking, statutory bodies and corporations and Committees
constituted by the Government of Assam and matters connected
therewith or incidental thereto.
Whereas it is expedient to regulate the management,
administration and preservation of Public Records of the
Government of Assam, Public Sector undertaking, Statutory ~
Bodies and Corporations and Committees constituted by the
Government of Assam ;
It is hereby enacted in the Fifty-third Year of the Republic
of India as follows :-
I. (I) This Act may be called the Assam Public Records Act,
2002.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State
Government may, by notification in the Offical Gazette,
appoint.
Definitions 2. In this Act, unless the context otherwise requires,
(a) "Board" means the Archival Advisory Board
constituted under sub-section (I) of Section 13 ;
(b) "Director" means the Director of Archives appointed by
the Government of Assam and includes any officer
authorized by the Government to perform the duties of
the Director;
THE ASSAM GAZEITE EXTRAORDINARY, NOVEMBER 21, 2002 5675
- (c) "Prescribed" means prescribed by rules made under
Po\n•r or the
State (;ov
crnmcnt to
t·oordinatt •,
rci,:ulatl:' and
su pcrvis(•
operations
conned eel
with ;.idmin
ist rat ion,
manai:cmcnt,
etc of puh
lit· rct:orcls.
this Act;
(d) "Pub lic Records" includes,
(i) any document manuscript and file ;
(ii) any microfilm, microfiche and facsimile copy of a
document;
(iii) any reproduction or image or images embodied in
such microfilm (whether enlarged/or not) and
(iv) any other material produced by a computer or by
any othe r device of any record creating agency ;
(e) "Records creating agency" includes ,
(i) in relation to the State Government , any department
or office of the department ;
(ii) in relation to any statutory body or corporation
wholly or substantially contro lled or financed by
the Government of Assam 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-s ection ( 1 ) of
Section 5.
(g) "State Government" means the Government or Assam.
3. ( I ) The State Clovcrnment sh al I have the power to
co-ordinate, regulate and supervise the
ope ration.connected with the administration,
management, preservation , selection, disposal and
retirement or public records under this Act.
5676 THE ASSAM GAZETTE EXTRAORDINARY, NOVEMBER 21. _2002
(2) The State Government in relation to the public r~rds
of the records creating agencies specified in sub-clause
(i) and (ii) of clause (e) of Section 2 may by order,
authorize the Director of Archives subject to the 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) analyzing, 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 utilization 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:
U) survey and inspection of public records;
(k) organizing training programmes in various
disciplines of Archives administration and records
management ;
TME ASSAM GAZETIE EXTRAORDINARY. NOVEMBER 21, 2002 5677 '*1 • .---..
Prohibition
against taking
of public
records out of
India.
Records
officer.
Responsi
bilities of
records
officer.
(I) 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 records on reports 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.
4. No. person shall take or cause to be taken out of India any
public records either in original form or photo copy or true
copy 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 India for any official
purpose.
5. (I) 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.
6. (I) The records officer shal I be responsible for -
\
(a) proper arran gement, 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 Stale Archives of
5678 THE ASSAM GAZETTE EXTRAORDINARY, NOVEMBER 21 , 2002
Assam with a view to retaining public records err·
pemanent value:
Records
officer to tah
appropriate
action in thl'
ennt of unau·
thorised re
moval destruc
tion. l'lc of
puhlic rcl'Ords
in his
cu .~tod) .
(d) destruction of public records in such manner and
subject to such conditions as may be prescribed under
sub-section (I) of section 8:
(e) compilation of a schedule of retention for public
records in consultation with the State Archives Assam:
(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 tim e
by the State Archives of Assam 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 hereto;
U) assisting the State Archives of Assam for public
records management ;
(k) submission of annual report to the Director o f
Archives in such manner as may be prescribed :
(I) transferring of records of any de funct body to the State
Archives of Assam for preservation.
(2) The records officer shall act under the direction of the
Director of Archives while discharging the
responsibilities specified in sub-section (I) .
7. (I) The records officer shall in the event of any unauthorized
removal , destruction, defacement or alteration of any
pub I ic records under his charge, forthwith take
appropriate action for the recovery or restoration of such
public records .
..
~-:E ASSAM GAZETTE EXTRAORDINARY, NOVEMBER 21, 2002 5679
- (2) The records officer shall submit a report in writing to the
Director of Archives within two days on any
information about any unauthorized 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.
(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.
Destructiqn 8. ( 1)
or disposal
Save as otherwise provided in any law for the time being
force no public record shall be destroyed or otherwise
disposed of except in such manner and subject to such
conditions as may be prescribed.
of
public
records.
(2) No record created before the year 1892 shall be
destroyed except where in the opinion of the Board it is
so defaced or is in such condition that it cannot be put to
any archival use.
Penalty for 9.
contraventi
Whoever contravences 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 ten thousand rupees or with both.
on s.
Public
records
bearing
security
classi
fication.
Receipt of
records
from pri
vate
sources.
Access · to
public
records.
l 0. No public records bearing security classification shall be
transferred to the State Archives of Assam.
11.( I) The State Archives of Assam may accept any records of
historical or national importance from any private source
by way of gift, purchase or otherwise.
(2) The State Archives of Assam may, in such manner and
subject to such conditions as may be prescribed, make
any record referred to in sub-section (I) available to any
bona-fide research scholar.
12. (I) All unclassified public records as are more than thirty
years old and are transferred to the State Archives of
Assam, may be, subject to such exceptions and
restrictions as may be prescribed, made available to any
bona-fide research scholar.
5680 THE ASSAM GAZETTE EXTRAORDINARY NOVEMBER 21 '"', "
Archival
Advisory
Board.
Explanation : For the purpose of this sub-section t e
period of thirty years shall be reckoned fmm 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. (I) The State 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 Assam - Chairman
Department dealing with Archives Ex-officio
(b) Secretary to the Government of Assam - Member
Department of Cultural Affairs.
(c) Secretary to the Government of - Member
Assam, Department of (Higher) Education
I
(d) One officer not below the rank of - Members
Joint Secretary to the Government Ex-officio
of Assam , each from the Department of
Administrative Reforms and Training,
Department of Personnel, Department of
Pension and Public Grievances and
Home Department.
(e) Four persons to be nominated by the - Members
State Government for a period of not
exceeding three years one being an
Archivist, three being Professors in the
post graduate Department of History in
any recognized University .
(f) One member from National Archives, - Member
Govt. of India.
(g) Director of Museum and the Director of - Members
Library Services.
(h) Director of Archives - Member
Secretary
Ex-officio
"
TI;l!L4SSAM GAZETTE EXTRAORDINARY. NOVEMBER 21. 2002 5681
(3) The members nominated under clause (e) of sub-section
(2) shall be paid such allowances as may be prescribed.
Functions
of the
Board.
Power of
the Direc
tor to lay
down
norms and
standards
for courses
in archival
science.
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 record s:
(b) lay down guidelines for training of Archivists ;
(c) give directions for acquisition of records from pri vate
custo dy:
(d) deal with such other matters as may be prescribed.
15. (a) The Director of Archives shall have the power to lay
down norms and standard s for courses, curricula,
assessment and examinations relating to the training in
archival science and other ancillary subjects.
(b) The Director shall supervise and inspect 'Mahapez
Khana of District/Sub-Division Head quarters and take
nece ssary steps for proper preservation.
Protection 16.
of action No suit, pro secution 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.
taken in
good faith.
Power to
make
rules.
17. (1) The State 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 ;
5682 THE ASSAM GAZETTE EXTRAORDINARY. NOVEMBER 21, 2002
Laying of 18.
rules before
State Legis-
1 a ti ve.
. ~-
(d) the manner in which the records officer will rep-lt
to the .Director of Archives under clau.se (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 subsection (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 matter which is required to be, or ·may be
prescribed.
All rules made by the State Government under this Act
shall, as soon as may be after they are made, be laid
before the State Legislature, while it is in session, for a
total period of not less than fourteen days which may be
comprised in one session or two or more successive
sessions, and shall, unless some later date is appointed,
take effect from the date of their publication in the
Official Gazette subject to such modifications or
annulments as the Legislature may, during the said
period agree to make, so however, that any such
modification or annulmem shali be without prejudice to
the validity of anything previously done thereunder.
S. K. SINHA,
GOVERNOR OF ASSAM.
K. D. PHUKAN ,
Secretary to the Govt. of Assam,
Legislative Department.
GUWAHATI - Printed & Published by the Dy. Director, Directorate of Ptg. & Sty.
Assam, Guwahati (Ex-Gazette) No.1421-500-600-21-11 -2002.