The SIKKIM PUBLIC RECORDS ACT,2017

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Friday 6th October, 2017 No. 467
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 11/LD/17 Dated: 6/10/2017
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received
assent of the Governor on 8th day of September, 2017 is hereby published for general
information :-
THE SIKKIM PUBLIC RECORDS ACT, 2017
(ACT NO. 11 OF 2017)
AN
ACT
to regulate the management, administration and preservation of the public records of the
State Government, public sector undertakings, statutory bodies and the corporations,
commissions and committees constituted by the State Government and for matters connected
therewith or incidental thereto.
BE it enacted by the Legislature of Sikkim in the Sixty-eighth Year of the Republic of
India as follows:-
Short title and
commencement
1. (1)
(2)
This Act may be called the Sikkim Public Records Act, 2017.
It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
Definition 2. In this Act, unless the context otherwise requires,-
(a) "Board" means the Archival Advisory Board constituted under
Section 12.
(b) "Director" means the Director of Archives appointed by the
State Government and includes any officer authorised by the
State Government to perform the duties of the Director;
(c) "head of Archives" or "Archives Officer" means a person
holding the charge of the Archives of the State Government;

Prohibition
against taking of
public records
out of State
Records Officer
Responsibilities
of a Record
Officer
(h) promoting utilisation of available space a
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) organising training programmes in various disciplines of
Archives administration and records management;
(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;
(0) receivi~g 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, pictures or films of historical or national
importance.
4. 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. Every records creating agency shall nominate one of its
officers as records officer to discharge the functions under
this Act.
(2) Every record 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.
(1)
6. (1) The Records Officer shall be responsible for,-
(a) proper arrangement, maintenance and preservation of
public records under his/her 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 25 (twenty
five) years old in consultation with State Archives with a
viewtoretainingpublicrecordsofpermanentvalue;
..,-,)-

Penalty for
contraventions
Receipt of
records from
private sources.
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 5 (five) years or with fine which may extend to ten
thousand rupees or with both.
10. (1) The State Archives may accept any record of historical or
national importance from private source by way of gift,
purchase or otherwise.
(2) The State Archives may, subject to such conditions as may
be prescribed, make any record available to any bona fide
research scholar.
All unclassified public records as are more than 30 (thirty)
years old and are transferred to the State Archives, 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 30 (~hirty) 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 records in its custody in such manner
and subject to such conditions as may be prescribed.
Access to public 11. (1)
records.
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:-
Archival Advisory 12. (1)
Board.
(a) Secretary Cultural Affairs and Heritage Department -
Chairman, ex officio;
(b) Officers not below the rank of Joint Secretary to the
Government of Sikkim from the Cultural Affairs and
Heritage Department, Finance Revenue and
Expenditure Department, Department of Personnel,
Administrative Reform & Training, Public Grievance,
and Home Department -
Members, ex officio;
(c) Two persons to be nominated by the State
Government for a period not exceeding three years,
one being an Archivist and other being Professor in
the Post-graduate Department of History in any
recognized University.
(d) Director, Archives or Head of Archives -
Member Secretary, ex officio.
(3) The Membersnominatedunderclause (c) of sub-section(2)
shall be paid such allowances as may be prescribed.
-5-

(g) exceptions and restrictions subject to which publi
records may be made available to a research scholar
under sub-section (1) of section 11;
(h) the manner in which and the conditions subject to
which any records recreating agency may grant to any
person access to public records in its custody under
sub-section (2) of section 11;
(i) the allowances payable to members of the Board
under sub-section (3) of section 12;
U) the matters with respect to which the Board may
perform its functions under clause (d) of section 13;
(k) any other matter which is required to be, or may be,
prescribed.
Jagat B. Rai (SSJS)
LR-cum-Secretary,
Law Department.

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