The Mizoram Public Records Act, 2011

NOTIFICATION
No.H.12018/221/2003-LJD, the 18th.July, 2011.  The following Act of the Mizoram Legislative Assembly
which received the assent of the Governor of Mizoram is hereby published for general information.
The Mizoram Public Records Act, 2011 (Act No. 15 of 2011)
{Received the assent of the Governor of Mizoram on the 13th July, 2011}
THE MIZORAM PUBLIC RECORDS ACT NO. 15 OF 2011
AN
ACT
to regulate the management, administration and preservation of public records of the Government of Mizoram,
Public Sector Undertakings, Statutory Bodies and Corporations and Committees constituted by the Government
of Mizoram and matters connected therewiteh or incidental thereto.
It is enacted by the legislative Assembly of the State of Mizoram in the Sixty-second Year of the
Republic of India as follows :
The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973                    Postal Regn. No. NE-313(MZ) 2006-2008 Re. 1/- per page
VOL - XL     Aizawl, Wednesday   27.7.2011     Sravana 5, S.E.   1933,    Issue   No. 317
Difinitions-
(1) This Act may be called the Mizoram Public Records  Act, 2011.
(2) It shall come into force on such date as the Government may, by
notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
a) ‘Board’ means the Archival Advisory Board constituted under this
Act;
b) ‘Director’ means Director of Art & Culture Department,
Government of Mizoram, and includes any officer authorised by
the Government to perform the duties of the Director;
c) ‘Government’ means the Government of Mizoram,
d) ‘Head of the Archives’ means Archivist, Mizoram State Archives
or any other officer authorised to perform the duty of the Archivist;
Short title and
commencement-
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e) “Official Gazette” means Mizoram Gazette.
f) ‘prescribed’ means prescribed by rules made under this Act;
g) ‘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 computer or by any other
device, of any records creating agency.
h) ‘records creating agency’ includes-
i) in relation to State Government-Any Administrative
Department, Directorate, or office under the State Government.
ii) in relation to any statutory body or corporation wholly or
substantially controlled or financed by the Government, or
Commission or any Committee Constituted by the State
Government or the offices of the said body, Corporation,
Commission or Committee;
i) ‘records officer’ means the officer nominated by the records
creating agency,’
3. (1) The 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 Government in relation to the public records of the records
creating agencies specified in sub-clauses (i) & (ii) of clause
(h) of section 2 may, by order, authorise the Director or the
Head of the Archives, 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 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 Archives and in the offices of the records
creating agency;
(h) promoting utilisation of available space and maintenance of
equipments for preserving public records;
Power of the
State
Government to
co-ordinate,
regulate and
supervise
operations
connected
with administration,
management, etc.
of public records.
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(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.
4. No person shall take or cause to be taken out of Mizoram any
public records without the prior approval of the Government.
Provided that no such prior approval shall be required if
any public records are taken or sent out of Mizoram for any official
purpose.
5. (1) 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
ro o m s in such place s as it d e e m s fit an d sh all place e ach re co rd
room under the charge of a records officer.
6. (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 euphemeral value;
(c) appraisal of public records which are more than twenty five
years old in consultation with the Head of Archives/Mizoram
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-section (1)
of section 8;
(e) compilation of a schedule of retention for public records in
consultation with the Mizoram State Archives;
(f) periodical review for downgrading of classified public records
in such manner as may be prescribed;
Prohibition against
taking of Public
Records out of
Mizoram
Records Officer
Responsibilities
of records officer
Ex-317/2011 4
(g) adoption of such standards, procedures and techniques as may
be recommended from time to time by the Mizoram State
Archives/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 Mizoram State Archives for public records
management;
(k) submission of annual report to the Head of Archives in such
manner as may be prescribed;
(l) transfering of records of any defunct body to the Head of
Archives for preservation.
(2) The records officer shall act under the direction of the Head
of Archives while discharging the responsibilities specified in
sub-section (1).
7. (1) The records officer shall, in the event of any unauthorised
removal, destruction, defacement or alteration of any pubic
records under his charge, forthwith take appropriate action
for the recovery or restoration of such public records.
(2) T h e r e c o r d s o f f i c e r s h a l l s u b m i t a r e p o r t i n w r i t i n g t o t h e
Head of Archives 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
Head of Archives.
(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.
(2) No record created before the year 1892 shall be destroyed,
except where in the opinion of the Head of Archives, it is so
defaced or is in such deteriorating condition that it cannot be
put to any Archival use.
Records Officer
to take
appropriate
action in the
event of
unauthorised
removal,
destruction,
etc. of public
records in his
custody
Destruction or
disposal of public
records.
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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 ten thousand rupees or with both.
10. No public records bearing security classification shall be
transferred to the Archives of Mizoram.
11. (1) Mizoram State Archives may accept any record of historical
or national importance from any private source by way of
gift, purchase or otherwise.
(2) Mizoram 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 bonafide research
scholar.
12. (1) All unclassified public records which are more than thirty years
old and are transferred to the Archives may be subject to
such exceptions and restrictions as may be prescribed made
available to any bonafide research scholar.
Explanation-For the purposes of this sub-section, the period
of thirty years shall be rekoned from the year of the opening
of the public record.
(2) Any records creating agency may grant to any person access
to any public records in its custody in such manner and subject
to such conditions as may be prescribed.
13. (1) The Government may, be 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 Mizoram - dealing with
Art & Culture - Chairman, Ex-Officio.
(b) Director of Art & Culture Department, Government of
Mizoram - Member, Ex-officio.
(c) Three persons to be nominated by the Government for
a period not exceeding three years from Colleges of
Mizoram, Department of History from any recognised
University - Members.
(d) One Deputy Director of Art & Culture Department,
Government of Mizoram - Member.
(e) Head of Archives - Member Secretary, Ex-Officio.
(f) One Officer not below the rank of Joint Secretary to
the Govt. of Mizoram each from the Home Department
DP&AR, Finance Department and Law & Judicial
Department - Member, Ex-Officio.
Penalty for
Contraventions.
Public records
bearing security
classification.
Receipt of
records from
private sources.
Access to public
records.
Archival
Advisory
Board.
(3) The members nominated under clause (c) of sub-section 2
shall be paid sitting allowances as prescribed by the Govt. from
time to time.
14. The Board shall perform the following functions, namely :-
(a) advice the Government on matters concerning
administration, management, conservation and use of
public records.
(b) give directions for acquisition of records from private
custody ;
(c) deal with such other matters as may be prescribed.
15. No suit, prosecution or other legal proceedings shall lie against
any person in respect of anything which is done in good faith
or intended to be done in pursuance of this Act or the rules
made thereunder.
16. (1) The Government may, be 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
forgoing 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
Head of 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 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;
Functions of
the Board
Protection of
action taken in
good faith.
Power to
make rules
Ex-317/2011 6
(i) the matters with respect to which the Board may perform
its functions under clause (a, b, c) of section 14;
(j) 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 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 immediately
following or the successive session aforesaid, Assembly
agree in making any modification in the rule or Assembly
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 anythig previously done unde that rule.
Sd/-
Secretary,
Law & Judicial Department,
Govt. of Mizoram.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.   C/500
Ex-317/20117

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