The Himachal Pradesh Public Records Act, 2006

AUTHORITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title. 
2.  Definitions. 
3.  Powers of the State Government. 
4.  Prohibition against taking of public records out of State.  
5.  Record Officer. 
6.  Responsibilities of Record Officer. 
7.  Powers and functions of the Record Officer. 
8.  Destruction or disposal of public records. 
9.  Penalty for contraventions. 
10.  Public records bearing security classification. 
11.  Receipts of records from private sources. 
12.  Access to public records. 
13.  Archival Advisory Board. 
14.  Functions of the Board. 
15.  Powers of the Director. 
16.  Protection of action taken in good faith. 
17.  Power to make rules. 
THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006 
(ACT NO. 24 OF 2006) 
 (Received the assent of the Governor on the 18th October, 2006 and 
published both in Hindi and English in the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated 19th October, 2006,  pp. 5317-5336.) 
An Act to regulate the management, administration and preservation of 
public records of the State Government, public sector 
undertakings, statutory bodies and corporations, commissions 
and committees constituted by the State Government and matters 
connected therewith or incidental thereto. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in 
the Fifty-seventh Year of Republic of India, as follows:- 
1. Short title.- This Act may be called the Himachal Pradesh Public 
Records Act, 2006. 
2   THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006 
2. Definitions.-  In this Act, unless the context otherwise requires,- 
(a)  "Board" means the Archival Advisory Board constituted 
under sub-section (1) of section 13. 
(b)  "Director" means the Director, Language, Art and Culture 
Department, Himachal Pradesh appointed by the State 
Government and includes any officer authorised 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,- 
(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; 
(e)  "records creating agency" includes,- 
(i)  in relation to the State Government, 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; 
(iii)  in relation to local bodies, the offices of such bodies, 
Municipal Corporation, Municipal Councils or Nagar 
Panchayats of the State; 
(f)  "Record Officer' means the officer nominated by the record 
creating agency under sub-section (1) of section 5; 
(g) "State" means State of Himachal Pradesh; 
(h) "State Archives" means a person holding the charge of the 
Achieves of the State of Himachal Pradesh; and 
(i) "State Government" means the Government of Himachal 
Pradesh. 
 
3. Powers of the State Government.- (1) The State Government 
shall coordinate, regulate and supervise the operations connected with the 
administration, management, preservation, selection, disposal and retirement 
of public records under this Act. 
THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006  3  
(2) The State Government, in relation to the public records of the 
records creating agencies specified in sub-clauses (i), (ii) and (iii) of clause (e) 
of section 2, may, by order, authorise the Director or the State 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 function, 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) analyse, develop, promote and coordinate the standards, 
procedures and the techniques for improvement of the records  
management system; 
(g) ensure the maintenance, arrangement and security of public 
records in the Archives and in the offices of the records 
creating agency; 
(h) promote utilisation of available space and maintenance of 
equipments for preserving public records; 
(i) tender 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) organise training programmes in various disciplines of 
Archives administration and records management; 
(l) accept records from any private source; 
(m)  regulate access to public records; 
(n)  receive records from defunct bodies and make arrangement 
for securing public records in the event of national 
emergency; 
(o)  receive reports on records management and disposal practices 
from the Record Officer; 
(p)  provide authenticated copies of, or extracts from, public 
records; 
(q)  destroy or dispose of public records; and 
(r)  obtain on lease or purchase or accept as gift any document of 
historical or national importance; 
 
4   THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006 
4. Prohibition against taking of public records out of State.- No 
person shall take or cause to be taken out of 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 State for any official purpose. 
5. Record Officer.- (1) Every records creating agency shall nominate 
one of its officers as Record 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 Record Officer. 
6. Responsibilities of Record Officer.- (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 public 
records of ephemeral value; 
(c)  appraisal of public records which are more than twenty- five 
years old in consultation with the State Archives with a view 
to retain 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 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 techniques as may 
be recommended from time to time by the Director or 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 organisational history and annual supplement 
thereto; 
(j)  assisting the State Archives for public records management; 
(k)  submission of annual report to the Director in such manner as 
may be prescribed; and 
(l)  transferring of records of any defunct body to the State 
Archives for preservation. 
(2) The Record Officer shall act under the directions of the Director, 
while discharging the responsibilities specified in sub-section (1).  
THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006  5  
7. Powers and functions of the Record Officer.- (1) The Record 
Officer shall, in the event of any unauthorised 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. 
(2) The Record 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. 
(3) The Record 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 Record 
Officer. 
8. Destruction or disposal of public records.- (1) Save as otherwise 
provided in any law for the time being in force, no public records shall be 
destroyed or otherwise disposed of except in such manner and subject to such 
conditions as may be prescribed. 
(2) Public record created before the year 1900 shall not 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. Penalty for  contraventions.- Whoever contravenes any of the 
provisions of section 4 or section 8 of this Act, 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. 
10. No public records bearing security classification.-  No public 
records bearing security classification shall transferred to the State Archives. 
11. Receipt of records from private sources.-(1) The State Archives 
may accept any record of historical or national importance from any private 
source by way of gift, purchase or otherwise.  
(2) The 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. Access to public records.- (1) All unclassified public records as 
are more than thirty years old and are transferred to the State Archives, may, 
subject to such exceptions and restrictions as may be prescribed, be 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. 
 
6   THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006 
13. Archival Advisory Board.- (1) 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, Language, Arts and Culture to 
the Government of Himachal Pradesh; 
Chairman. 
(b)  Five officers not below the rank of Joint 
Secretary to the Government of Himachal 
Pradesh one each from the Department of 
Home, Finance, Personnel, General 
Administration Department and Urban 
Development; 
Ex -officio 
members. 
(c)  Three persons to be nominated by the State 
Government for a period not exceeding 
three years, one being a Deputy Director 
(Archives) and one being Archivist or 
Technical Assistant and one being 
Professor in the Post-Graduate Department 
of History in any recognised University; 
and 
Nominated 
members. 
(d)  Director, Language, Arts and Culture, 
Himachal Pradesh, Shimla. 
Member-
Secretary. 
(3) The members nominated under clause (c) of sub-section (2) shall 
be paid such allowances as may be prescribed. 
14. Functions of the Boards.-The Board shall perform the following 
functions, namely:-  
(a)  to advise the State Government on matters concerning the 
administration, management, conservation and use of public 
records; 
(b)  to lay down guidelines for training of Archivists; 
(c)  to give directions for acquisition of records from private 
custody; and 
(d)  to deal with such other matters as may be prescribed. 
15. Powers of the Director.- The Director shall lay down norms and 
standards for courses curricula, assessment and examinations relating to the 
training in archival science and other ancillary subjects. 
16. Protection of action taken in good faith.- 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. 
 
THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006  7  
17. Power to make rules.- (1) The State Government may, by 
notification in the Official Gazette, make rules to carry out the purposes of 
this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing powers, 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 Record Officer shall submit annual 
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 and State 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; and 
(k)  any other matter which is required to be, or may be, 
prescribed. 
(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 
8   THE HIMACHAL PRADESH PUBLIC RECORDS ACT, 2006 
immediately following the session or the successive sessions aforesaid, the 
State Legislative Assembly agree in making any modification in the rule or 
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. 
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