The ASSAM PUBLIC RECORDS ACT, 2002
###### 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.)

## 1

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.


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ASSAM ACT No. XVI OF 2002

Received the Assent of Governor on 18th November, 2002

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.

Preamble. 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 ;

Short title, It is hereby enacted in the Fifty-third Year of the Republic
extent and of India as follows :-

commence-
ment.

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;


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this Act;

(d) "Pub li c 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 other 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 ll ed 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-section ( 1 ) of

Section 5.

(g) "State Government" means the Government or Assam.

Po\n•r or the 3. ( I) The State Clovcrnment sh al I have the power to

State (;ov- co-ordinate, regulate and supervise the
crnmcnt to ope ration.connected with the administration,
t·oordinatt•, management, preservation , selection, disposal and
rci,:ulatl:' and retirement or public records under this Act.
su pcrvis(•
operations
conned eel
with ;.idmin-
ist rat ion,
manai:cmcnt,
etc of puh-
lit· rct:orcls.


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(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;


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.---..

(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.

Prohibition 4. No. person shall take or cause to be taken out of India any
against taking public records either in original form or photo copy or true
of public

copy without the prior approval of the State Government :

records out of
India.

Provided that, no such prior approval shall be required if
any, public records are taken or sent out of India for any official
purpose.

Records 5. (I) Every records creating agency shall nominate one of its
officer. 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.

Responsi- 6. (I) The records officer shal I be responsible for -

\

bilities of
records (a) proper arrangement, maintenance and preservation of
officer. 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


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Assam with a view to retaining public records err·
pemanent value:

(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 time
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 of

Archives in such manner as may be prescribed:

(I) transferring of records of any defunct 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) .

Records 7. (I) The records officer shall in the event of any unauthorized
officer to tah removal , destruction, defacement or alteration of any
appropriate pub I ic records under his charge, forthwith take
action in thl' appropriate action for the recovery or restoration of such
ennt of unau· public records .
thorised re-
moval destruc-
tion. l'lc of
puhlic rcl'Ords
in his

cu .~tod) .


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         - (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) Save as otherwise provided in any law for the time being
or disposal
force no public record shall be destroyed or otherwise

of

disposed of except in such manner and subject to such

public

conditions as may be prescribed.

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. Whoever contravences any of the provisions of Section

###### .. contraventi 4 or Section 8 shall be punishable with imprisonment

on s.

for a term, which may extend to five years or with fine,
which may extend to ten thousand rupees or with both.

Public l 0. No public records bearing security classification shall be
records transferred to the State Archives of Assam.
bearing
security
classi-
fication.

Receipt of 11.( I) The State Archives of Assam may accept any records of
records historical or national importance from any private source
from pri- by way of gift, purchase or otherwise.
vate
sources.

(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.

Access · to 12. (I) All unclassified public records as are more than thirty
public

years old and are transferred to the State Archives of

records.

Assam, may be, subject to such exceptions and
restrictions as may be prescribed, made available to any
bona-fide research scholar.


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_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.

Archival 13. (I) The State Government may, by notification in the
Advisory official Gazette, constitute an Archival Advisory Board
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


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(3) The members nominated under clause (e) of sub-section
(2) shall be paid such allowances as may be prescribed.

Functions

14. The Board shall perform the following functions,

of the

namely:-

Board.

(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.

Power of 15. (a) The Director of Archives shall have the power to lay
the Direc- down norms and standards for courses, curricula,
tor to lay assessment and examinations relating to the training in
down archival science and other ancillary subjects.
norms and
standards (b) The Director shall supervise and inspect 'Mahapez
for courses Khana of District/Sub-Division Head quarters and take
in archival

necessary steps for proper preservation.

science.

Protection 16.
No suit, prosecution or other legal proceedings shall lie
of action
against any person in respect of anything which is in

taken in

good faith done or intended to be done in pursuance of

good faith.

this Act or the rules made there under.

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


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###### 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.

Laying of 18. All rules made by the State Government under this Act

rules before shall, as soon as may be after they are made, be laid
State Legis- before the State Legislature, while it is in session, for a
1 a ti ve. 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.


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