Assam Public Records Act, 2002
No: 16 Dated: Nov, 24 2002
THE ASSAM PUBLIC RECORDS ACT, 2002
ASSAM ACT No. XVI OF 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 ;
It is hereby enacted in the Fifty-third Year of the Republic of India as follows :
1. Short title, extent and commencement:- (1) 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.
2. Definitions:- 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;
(c) "Prescribed" means prescribed by rules made under this act;
(d) "Public 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 (I ) of Section 5.
(g) "State Government" means the Government or Assam.
3. Power of the State Government to Co-ordinate, regulate and supervise operations connected with administration management, etc. of public records:- (1) The State Clovcrnment shall have the power to co-ordinate, regulate and supervise the ope ration.connectcd with the administration, management, preservation , selection, disposal and retirement or public records under this Act.
(2) The State Government in relation to the public records 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:
(j) survey and inspection of public records;
(k) organizing 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 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.
4. Prohibition against taking of public records out of India:- No person shall take or cause to be taken out of India any public records either in original form or photo copy or true copy 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 India for any official purpose.