Authoritative English text of this department notification number. LCD-F(1)-2/2000 dated 9-12-2008 as required under clause (3) of Article 348 of the constitution of India) Govt. Of Himachal Pradesh Department of Language & Culture Number : LCD-F(1)-2/2000 Dated:Shimla-2 the 9-12-2008 Notification:
In exercise of the powers conferred by sub-section(1) of section 17 of the Himachal Pradesh Public Records Act, 2006 (24 of 2006), the Governor of Himachal Pradesh is pleased to make the following rules for carrying out the purposes of the Act, namely :-
1. Short title and commencement.--- (1) These rules may be called the Himachal Pradesh Public Records Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.--- (1) In these rules, unless the context otherwise requires,------
(a) “Act” means the Himachal Pradesh Public Records Act, 2006,(24 of 2006);
(b) “appraisal” means the evaluation of public records in association with the State Archives Himachal Pradesh ;
(c) “classified records” means the files relating to the public records classified as topsecret, secret, confidential and restricted in accordance with the procedure laid down in the Office Manual and the notifications or instructions circulated by the Government from time to time;
(d) “custody” means the possession of public records;
(e) “defunct body” means a corporate or non-corporate body which has been wound up with no successor to carry on its functions;
(f) “Declassification” means downgrade the security classifications after their evaluation;
(g) “file” means a collection of papers relating to the public records on a specific subjectmatter consisting of correspondence, notes and appendix thereto and assigned with a file number;
(h) “form” means the form appended to these rules;
(i) “private records” means records lying in the possesion of a private individual or with any non-governmental organisation;
(j) “recording” means the process of closing a file after action on all issues considered thereon has been completed;
(k) “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 Manual of Office procedure or instructions on the subject;
(l) “retention schedule” of records means a schedule which provides the period of retention;
(m) “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 ;
(n) “section” means the section of the Act; and
(o) “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 meanings respectively assigned to them in the Act.
3. Nomination of records officer.--The records creating agency shall by an office order issued in pursuance of the provision of sub-section (1) of section 5 Act nominate one of its officers, not below the rank of grade of a Section Officer, as the Records Officer. A copy of such office order shall be forwarded to the Director or head of State Archives, as the case may be.
4 Maintenance of standing guard file.-- The Records Officer shall be responsible for maintaining and keeping a standing guard file and proper record of the directions issued by the Director or head of State Archives, as the case may be, 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 or head of the State Archives, as the case may be.
5 Acceptance of public records of permanent nature.-- (1)The Director or head of State Archives, as the case may be, shall accept for deposit and preservation public records of permanent nature which have been retained after recording by the records creating agency in its records room for the last twenty five years or more.
(2) Records Officer shall intimate to the Director or head of State Archives, as the case may be, each year before 31st day of January, in Form-I, the particulars of all public records of permanent nature which are due for appraisal during the year.
(3) On receipt of an intimation under sub-rule (2), the Director or head of State Archives, as the case may be, 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 or head of State Archives, as the case may be, who shall after his satisfaction return one copy of the transfer list to the records officer as a receipt of the public records.
(4) If the 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 or head of State Archives, as the case may be.
6. Withdrawal of public records. -- (1) If public records deposited and preserved with the Director or head of State Archives, as the case may be, 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 or head of State Archives.
(2) The public records requisitioned under sub-rule (1) may be returned as soon as the purpose is achieved but shall not be retained beyond the period of six months by the records officer or the record creating agency.
7. Down-grading of classified records.-- (1) The records creating agency shall by an office order authorise an officer not below the rank of the Under Secretary to the Government of Himachal Pradesh to evaluate and down grade the classified records being maintained by it. A copy of such office order shall be forwarded to the Director or head of State Archives, as the case may be.
(2) The Oficer so authorised 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 or head of State Archives, as the case may be, after its appraisal.
(4) The records deposited under this rule can be requisitioned for any official purpose and returned to the Director or head of State Archives, as the case may be, 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 authorised under sub-rule(1) to the Director or head of State Archives, as the case may be, on the action taken for evaluation and downgrading the classified records.
8. Submission of Annual Report.-- (1) The records officer nominated under rule 3 shall furnish to the Director or head of State Archives, as the case may be, an Annual Report in Form-5 every year in the month of March of the following year.
(2) The Director or head of State Archives, as the case may be, shall thereafter, submit a report to the Government every year on the action taken by the Records Officer in pursuance to the provision of clauses (a) to (I) of sub-section 1 of section 6 .
9. Destruction of Public records .-- (1) No public record 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 of all those files on which action has been completed. This work shall be accomplished in consultation with the records officer.
(2) No public records which is more than twenty five years old shall be destroyed by any records creating agency unless it is appraised.
(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 permanently for future reference.
(4) The records officer shall furnish a half-yearly report in Form-7 on recording, indexing, reviewing and weeding of records to the Director or head of State Archives, as the case may be.
(5) Records shall be destroyed either by burning or shredding in the presence of records officer.
10. Access to private records.-- (1) Records acquired from private sources by way of gift or purchase or otherwise shall be made available for bonafide research subject to the conditions laid down by the donor.
(2) Research scholar shall submit an application in Form-8 to the Director or head of State Archives, as the case may be, for permission to consult records. The Director or head of State Archives, as the case may be, may refuse such permission in public interest and for reasons to be recorded on the said application.
( 3) Wherever microfilm 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 any one without the prior permission of the Director or head of State Archives, as the case may be.
11. Access to public records.-- (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 or head of State Archives, as the case may be, in Form-8. The Director or head of State Archives, as the case may be, 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 sponsoring institution and diplomatic Mission.
(iii) Wherever microfilm rolls may be made available, the original records shall not be supplied for consultation to research scholar;
(iv) reprographic and transcription facilities may be made available on submission of any application in Form-9 and for such services the applicant shall have to make the payment of such service charges as may be fixed by the Director or head of State Archives, as the case may be, from time to time; and
(v) 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 and put any marks or indications on public records;
(b) fold, tear, cut, crease or otherwise damage or mutilate public records;
(c) remove any public records without obtaining the permission from the Director or head of State Archives, as the case may be.
(d) be allowed to take any eatable or drinking products or smoking while consulting public records;
(e) place any thing 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 opinion of the Director or head of State Archives, as the case may be, is detrimental to the maintenance and preservation of public records.
By order B.K. Aggarwal Secretary (LAC) to the Govt. of Himachal Pradesh Endst. No. As above Dated:Shimla-171002, 9.12.2008
1. All the Principal Secretaries/Secretaries to the Govt. of H.P. Shimla-2.
2. All Heads of Departments, Himachal Pradesh.
3. The secretary, H.P.Public Service Commision, H.P.Shimla-2.
4. The Controller, Printing & stationary, H.P. Shimla-5.
5. The director, Language, Art & Culture, H.P. Shimla-171009.
6. The Senior law Officer, Law department, Shimla-2.
7. Guard file/50 Spare Copies.
Deputy Secretary (LAC) to the Government of Himachal Pradesh.
Form-1 [See sub-rule (2) of rule 5] Particulars of records of permanent nature due for appraisal during the year..................................................
Total number of files of ‘A’ & ‘B’ categories lying in the records rooms of the records creating agencies Total number of files of ‘A’ & ‘B’ categorties transferred to records rooms by the Sections during the period under report Total number of files referred to under column 1 and 2 Total number of files due for appraisal Remarks, if any
1. 2. 3. 4. 5.
Form-2 [See sub-rule (3) of rule 5] Transfer List Name of the records creating agency i.e.
Department/Office/Public Undertakings etc. :
Name and particulars of the records officer :
Name of the Branch/Section Year S. Number File No. Subject matter of the file Remarks, if any Signature and seal of the Records Officer...........
Form-3 [See sub-rule (1) of rule 6] Requisition slip Name of the records creating agency( i.e.
Department/Office) :
Name and particulars of the records officer :
Particulars of records or File Number Requisitioned.
Purpose for which required.
Undertaking by the records officer.- I ...............................................................................hereby declare that the records/file requisitioned shall be returned to the Director/ Head of the State Archives before the expiry of six months as required under sub-rule (2) of rule 6.
Date :
Signature and seal of the Records Officer Form-4 [see sub-rule (5) of rule 7] (Half Yearly Statement on periodical review of classified records) Total Number of classified Number of classified Number of files reviewed and Remarks lying at present records due for downgraded during the in the organisation reviewing period under report 1 2 3 4 Form-5 [see sub-rule (1) of rule 8] Form for the submission of Annual Report to Director/Head of the State Archives A. Setting up organised Departmental Records Room- Whether your organisation has set up an organised Records room, and if so; is the space sufficient?
B. Nomination of Records Officers.-Whether your organisation has nominated an officer as Departmental Records Officer, and if not, give reasons?
C. Training of Records Officer and Staff:
(i) Whether Departmental Records Officer has received training in Records management?
(ii) Whether the junior staff working in the Departmental Records Room are trained in various aspects of Records Management?
(iii) If not, are you willing to avail training facilities existing at State Archives, Himachal Pradesh D. 1. Sharing of space for housing semi-current records at State Archives Himachal Pradesh:-
(i) Whether your organisation is willing to share space at regional offices.
(ii) If yes, please state bulk of records proposed to be transferred.
2. Periodical recording, reviewing and weeding out of semi-current records :
(i) Whether your organisation has taken steps for recording, reviewing and weeding out of ephemeral records ?
(ii) Indicate the total number of records recorded, reviewed and weeded out during the period under report.
3. Appraisal of Non-current records :-
(i) Whether your organisation has initiated action to get non-current records appraised in consultation with State Archives ?
(ii) State the total bulk of records awaiting appraisal.
4. Compilation/Revision of Retention Schedule of Records :
(i) Whether your organisation has compiled Record Retention Schedule of substantive functions in consultation with State Archives Himachal Pradesh and if not what action do you propose to take ?
(ii) Has your organisation taken steps to revise the above schedule after five years ?
5. Periodical review of classified records :-
(i) Whether your organisation has de-classified the classified records during the period under report ?
(ii) If not, state reasons ?
6. Compilation of Annual Indices to Records :
(i) Whether your organisation has compiled annual indices ?
(ii) State inclusive years with the name of the series.
7. Compilation of Organisational history :
Has your organisation compiled organisational history, reflecting various functions along with the date of their creation and if so furnish a copy to State Archives. Himachal Pradesh
8. Records of Defunct Bodies :-
(i) Whether your organisation has got records of defunct bodies, give details ?
(ii) If yes, what action have you initiated for their transfer to State Archives Himachal Pradesh ?
Form-6 [See sub-rule (3) of rule 9] Particulars of records destroyed during the year Sl. Number File Number Subject of the files Remarks Form-7 [See sub-rule (4) of rule 9] Half yearly report on recording, indexing, reviewing and weeding of records during the half year ending Sl. Number Total Number Total Number Total Number Total Number Remarks of Files of Files of Files of Files weeded recorededrndexed reviewed out, if any
1. 2. 3. 4. 5. 6.
To Sir/Madam, Form-8 [See sub rule (2) of rule 10 and clause (i) of sub-rule (1) of rule 11] Application form for permission to consult records The Director/Head of State Archives, State Archives Himachal Pradesh, Govt. of Himachal Pradesh, I hereby apply for enrolment as a research scholar for consulting records in the Research Room of the State Archives Himachal Pradesh. I agree to comply with the rules and conditions in force and promise to deposit a copy of each of my work based on the materials consulted at the Himachal State Archives immediately after the publication.
1. Name, including Surname : Sh. Smt. Km./Dr.
2. Father’s/Husband’s Name :
3. Date of Birth :
4. Qualifications :
5. Nationality :
6. Profession :
7. Subject of Research :
8. University/Institutions* registered with :
9. Period for which admission is sought :
10. Signature and date :
11. Address (i) Local:
(ii) Permanent :
Particulars of records to be consulted :
Department Period Remarks
1.
2.
3.
4.
*Scholars are requested to attach a letter of recommendation from their University/Institution/Department.
However, the foreign scholars are requested to bring a letter of accredition from the diplomatic representatives of their country in India as well.
Form-9 [See clause (v) of sub-rule (I) of rule 11] Application for Reprographic/Transcription facilities To Dated :
The Director/Head of State Archives, State Archives Himachal Pradesh, Shimla.
Sir, Kindly supply me Microfilm (NFG/POS) PHOTO COPIES/XEROX TRANSCRIPTS of the material(s) indicated in the enclosed list for my research/publication/University. The material is from the Department(s) of It consists of items and covers the period from to .
1. I declare that the above material is for my research/publication/university.
2. I undertake to pay the charges as per schedule of rates prevailing at the time of completion of work. I understand and accept that the estimated cost, when supplied is only tentative and the rates are also liable to revision without notice.
3. The photocopies/transcripts supplied will not be sold/transferred to any other person without prior permission of the Director of State Archives Himachal Pradesh.
4. The material, if published, will be suitably acknowledged and provisions of copyright, where applicable, will be complied with.
5. I hereby deposit a sum of Rs. as advance.
Yours faithfully, Permanent Address Signature:
(in block letters) Name (in block letters) Local address.
FOR OFFICE USE Advance received vide receipt No. dated for Rs.
Service charges have come to Rs.
Balance receipt vide Receipt No. dated Rs.
Cleared for photo copying transcription subject to following.
(1) Signature of Director/ Head of the State Archives Himachal Pradesh .