·r/' -// )'1J' '? It'" ~d ;jJ '·' .. ; ... ·~/ ~APr ·~- ·v~ ::-,.. ::~. YU.ft$ OF CU.Eififot_ATI.NQ Tfi£MA\ofA1NA , r? Y GOVERNMENT OF ASSAM -.f"}~.v% I'~ ') SECRETARIAT ADMINISTRATION {ESTT.) DEPARTMENT ( . DISPUR ::: GUWAHATI-6 ~\; .)f Block-A, Ground Floor, janata Bhawan,sad.assam@gov.in, sad.assam.gov.in ORDERS BY THE GOVERNOR NOTIFICATION Dated Dispur, the 41 h January, 2020.
No.S(E)214/2015/86 : In exercise of the powers conferred by section 17 of the Assam Public Records Act, 2002 (Assam Act No. XVI of 2002) the Governor of Assam is hereby pleased to make the following rules, namely:- Short title and 1. (1) These rules may be called the Assam Public Records Rules, Commencement 2019.
Definitions.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. (1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Assam Public Records Act, 2002(Act No .
XVI of 2002);
(b) "appraisal" means the evaluation of public records in consultation with the State Archives, Assam;
(c) "classified records'' means the files related to the public records classified as top-secret, secret, confidential and restricted in accordance with the procedure laid down in the Manual /Departmental Security Instructions circulated by the Home & Political Department from time to time;
(d) "custody" means the possession of public records;
(e) "declassification" means downgrade the security classifications after their evaluation;
(f) "defunct body" means a corporate or non-corporate body which has been wound up with no successor to carry on its functions;
(g) "file" means a collection of papers relating to the public records on a specific subject- matter cons1stmg of correspondence, notes and appendix thereto and assigned with a file number;
(h) "form" means the form appended to these rules;
(i) "non-current records" means not currently used and which are twenty five years old or more;
U) "private records" means records lying in the possession of a private, individual, family or with any non-governmental organization;
(k) "recording" means the process of closing a file after action on all issues considered thereon has been completed;
· (1) "records of permanent nature" means the public records being maintained after recording for a period specified under, sub-rule (1) of rule 5 by the records creating agency in accordance with the procedure laid in its respective Departmental Manual of Office procedure or Instructions from time to time on the subject;
(m) "retention schedule of records" means a schedule which provides the period of retention;
(n) "review" means periodical evaluation of recorded files on the expiry of the period of retention for determining their further retention or destruction, as the case may be;
( o) "rules" means Assam Public Records Rules, 2019.
(p) "section" means the Section of the Act;
(q) "semi-current records" means not currently used and which are below twenty five years old;
(r) "standing guard file" means a compilation of papers on a particular subject matter consisting of copies of policy decision, orders, instructions or any other matter incidental thereto arranged in a chronological order ;
(2) words and expressions used herein and not defined, but defined in the Act shall have the same meanings respectively assigned to them in the Act.
Nomination of Records Officer Maintenance of standing guard file
3.
4.
Acceptance of public 5.
records of permanent nature.- Withdrawal of Public 6.
Records The records creating agency shall by an office order issued in pursuance of the prvvision of sub-section (1) of section 5 of the Act nominate one of its officers, not below the rank of a class-II Gazetted Officer, as the Records Officer. A copy of such office order shall be forwarded to the Director of Archives.
The Record officer shall be responsible for maintaining and keeping a standing guard file and proper record of the directions issued by the Director of Archives in pursuance of the provisions of sub-section (2) of section 6 and shall produce the same for inspection as and when required by the Director of Archives.
( 1) The Director of Archives shall accept for deposit and preservation of public records of permanent nature which have been retained after recording by the records creating agency in its records room for the last 25 (twenty five) years or more.
(2) Records officer shall intimate to the Director of Archives each year before 3 pt day of January, in Form-1, the particulars of all public records of permanent nature which are due for appraisal.
(3) On receipt of an-intimation under sub-rule (2), the Director of Archives · through his officers shall assist the Records officer in conducting the appraisal of public records. When the appraisal is over, the Records officer shall prepare, in triplicate, a transfer list in Form-2 of all public records and deposit the same for preservation with the Director of Archives who shall after his satisfaction, return one copy of the transfer list to the records officer as a receipt of the public records.
(4) lfthe Records officer after appraisal deems it necessary to retain any record or file of permanent nature beyond the period of twenty five years, he may do so for reasons to be recorded in writing and under intimation to the Director of Archives.
(1) If semi- cunent and public records deposited and preserved with the Director of Archives is required by the records creating agency for any official purpose, then the records officer shall send a duly signed and stamped requisition slip in Form-3 to the Director of Archives.
- Down-grading of classified records.-
7.
Submission of Annual 8.
Report.- Destruction of Public 9.
Records.-
(2) The public records requisitioned under sub-rule ( 1) may be returned as socn as the purpose is achieved but shall not be retained beyond the period of six months by the records officer or the record creating agencies.
( 1) The records creating agency by an office order authorize an officer not below the rank of Under Secretary or class-I Gazetted officer of Govt. of Assam to evaluate and downgrade the classified records being maintained by it. A copy of such office order shall be forwarded to the Director of Archives.
(2) The officer so authorized under sub-rule (1) shall evaluate the classified records every fifth year for the purpose of down-grading.
(3) After down-grading if the officer declares any record as of permanent nature, the same shall be deposited and preserved with the Director of Archives after its appraisal.
( 4) The records deposited under this rule can be requisitioned for any official purpose and returned to the Director of Archives in the manner provided under rule 6.
(5) Every year in the last week of June and December a half yearly statement in Form-4 shall be furnished by the officer authorized under sub-rule (1) to the Director of Archives on the action taken for evaluation and down grading the classified records.
( 1) The Records officers nominated under rule 3 shall furnish to the Director of Archives an Annual Report in Form-S every year in the month of March of the following year.
(2) The Director of Archives shall thereafter submit a report to the Government every year on the action taken by the Records officer in pursuance to the provisions of clauses
(a) to (1) of sub-section (1) of section 6 ofthe Act.
(1) No public records shall be destroyed without being recorded and reviewed. In the month of January every year, each records creating agency shall record after consulting the records retention schedule all those files on which action has been completed. This work shall be accomplished in consultation with the Records officer. · Inspection of records 10.
rooms/offices Acceptance of the 11.
records of the Defunct bodies/offices Digitization of Public 12.
Records Access to private records
13.
(2) No public record which is more than twenty five years old shall be destroyed by any records creating agency unless it is apprised.
(3) A list of all such public records which are proposed to be destroyed shall be prepared by the record creating agency in Form-6 and retained the list for future reference.
( 4) The Records officer shall furnish a half yearly report m Form-7 on recording, indexing, reviewing and weeding of records to the Director of Archives.
(5) Records shall be destroyed either by burning or shredding in presence of Records officer.
The Director of Archives shall supervise and inspect all record rooms/offices of the State including Muhapez Khana of the District/Subdivisions headquarters and tender necessary advices for record management and preservation and regulation.
The Director of Archives shall accept all records of the defunct bodies/offices of the state and shall take all records in its custody for proper preservation.
The Director of Archives shall use modem scientific techniques for digitalizing the old, rare and valuable documents for preservation and protection of such documents periodically in Archives.
(1) Records acquired from private sources by way of gift or purchase or otherwise shall . be made available for bona fide research subject to the conditions laid down by the donor.
(2) Research Scholar shall submit an application in Forms-8 to the Director of Archives for permission to consult records.
The Director of Archives may refuse such permission in public interest and for reasons to be recorded on the said application.
(3) Wherever micro film rolls may be available, the original records shall not be supplied for consultation to research scholars. No copy of any records shall be made by anyone without the prior permission of the Director of Archives.
Photostat copies and print out copies of microfilm rolls may be taken on payment of such service charges as may be fixed by the Director of Archives from the time to time.
Access to Public Records.
14. ( 1) The public records accepted for deposit and preservation under sub-rule (1) of rule 5 shall be made available for bonafide consultation and research purposes subject to the provisiOn of sub-section (1) of section 12 and the following conditions, namely :-
(i) a person who intends to consult the public records shall apply to the Director of Archives in Form-8.
The Director of Archives may refuse such permission in public interest and for reasons to be recorded on the said application;
(ii) foreign national intending to consult the public records may be permitted only on the production of letters of introduction from their sponsonng institution and diplomatic mission ;
(iii) record, maps and cartographic records relating to the Ministry of External Affairs and Ministry of Defence, Home Political (Government of Assam), in respect of Arunachal Pradesh (including Eastern Section ofthe 'Sino-Indian' border) Sikkim, Bhutan, Nepal, Tibet, China and Myanmar and areas comprising Pakistan and Bangladesh may be made available for consultation keeping m v1ew the security and the defence of India or of any part of the territory thereof. Records relating to the Ministry of External Affairs, Home Affairs and Human Resource Development in respect of Jammu and Kashmir (including Gilgit and Chitral) may also be made available for consultation keeping in view the security and defence of India or of any part of the territory thereof:
Provided that the Director of Archives may refuse such consuitation.
(iv) wherever microfilm rolls may be made available, the original records shall not be supplied for consultation to research scholar ;
(v) reprographic and transcription facilities may be made available on submission of an application in Form-9 and fot such services an applicant shall have to make the payment of such service charges as may be fixed by the Director of Archives from time to time;
(vi) a person consulting public records for the purpose of research and publishes the work which is based upon the material taken from the said records may acknowledge the same.
(2) A person intending to consult the public records shall not,- ( a) write or put any marks or indications on public records;
Allowances to the member of the Archival Advisory Board.-
15.
(b) fold, tear, cut, crease, or otherwise damage or mutilate public records;
(c) remove any public records without obtaining the permission from the Director of Archives;
(d) be allowed to take any eatable or drinking products or smoking while consulting public records;
(e) place anything or object on any public records with a view to make out any copy of the said records;
(f) disturb or interrupt any other person while consulting the public records; and
(g) behave in a manner which, in the opm10n of the Director of Archives IS detrimental to the maintenance and preservation of public records.
The member of the Archival Advisory Board nominated by the State Govemment under clause (e), (f) and (g) of sub-section (2) of section 13 shall draw travelling allowances and daily allowance for attending the meetings of Archival Advisory Board at the rates admissible to Sr. Class- I officers of the State Govemment.
Sd/- J. Barua, lAS Addl. Chief Secretary to the Govt. of Assam Secretariat Admn. Deptt. (Archives)