The Public Records Act, 1993

Summary of the Public Records Act, 1993
Objective:
Regulates the management, administration, and preservation of public records for the Central Government, Union Territory Administrations, public sector undertakings, statutory bodies, and corporations.
Key Provisions:
1. Definitions: - Public Records: Include documents, manuscripts, microfilms, computer-generated records, etc.
• Records Creating Agencies: Defined as entities responsible for generating public records.
2. Central Government's Role:
• Oversees and regulates public records management.
• Empowers the Director General or head of Archives to manage public records.
3. Responsibilities and Restrictions: - Records Officer: Appointed by each agency for the proper management of records.
• Prohibition on Export: Public records cannot be taken out of India without approval.
• Destruction: Only permissible under specified conditions; pre-1892 records are protected unless unusable.
4. Access and Preservation: - Access to Records:
• Unclassified records over 30 years old are accessible to researchers.
• Controlled access to other records under prescribed conditions.
• Preservation: Emphasis on long-term preservation and archival practices.
5. Penalties and Administration: - Penalty for Misconduct: Up to 5 years imprisonment and/or a fine of up to ₹10,000 for unauthorized export or destruction.
• Archival Advisory Board: Advises on best practices for record management.
• Protection for Officials: Actions taken in good faith are protected.
6. Miscellaneous Provisions: - Training and Norms: Director General sets standards for archival training.
• Rule Making: Central Government empowered to make rules for the Act's implementation.

Legislative History:

The Public Records Act, 1993

Act Title The Public Records Act, 1993

Act Number 69 of 1993

Act ID (India Code) 199369

Presidential Assent Date December 21,1993

Enforcement Date March 1, 1995

Nodal Ministry Ministry of Culture

Precedent & Historical Rationale

1. Lack of Uniform Archival Regulation:

o Prior to 1993, there was no comprehensive central legislation governing the management, preservation, and destruction of public records belonging to the Central Government, public sector undertakings, statutory bodies, and corporations.

2. Protection of National Heritage and Accountability:

o To prevent unauthorized destruction, tampering, or loss of historically and administratively valuable government records, and to ensure systematic transfer of records to the National Archives of India, a uniform statutory framework became imperative.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Central Government to regulate the management, administration, and public access to records of Central Government ministries, departments, and associated bodies.

• Parliamentary Passage: Introduced, debated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the Monsoon Session of 1993.

• Presidential Assent: Received Presidential Assent on December 21, 1993.

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• Enforcement: Enforced on March 1, 1995.

• Source: Official Records of Parliament, India Code, and Ministry of Culture (National Archives of India).