The Public Records Act, 1993
Public Records Act, 1993
Overview:
The Public Records Act, 1993 is legislation enacted by the Government of India to regulate the management, preservation, and disposal of public records. The Act ensures that official documents and records are properly maintained as valuable assets of the government and can be accessed as needed for administrative, legal, or historical purposes.
Background:
Public records are vital for transparent governance, administrative continuity, legal evidence, and historical research. Before this Act, the management of public records was inconsistent, leading to loss or damage of important documents. The Act provides a comprehensive framework to safeguard public records.
Objectives of the Act:
Provide for systematic management of public records.
Preserve public records of permanent or historical value.
Facilitate the access and use of records by authorized persons.
Prevent unauthorized removal or destruction of public records.
Define responsibilities for custody and maintenance of records.
Key Features and Provisions:
| Feature | Description |
|---|---|
| Definition of Public Records | The Act defines public records to include all documents, manuscripts, maps, plans, books, photos, electronic records, and any other materials created or received by government agencies in the course of public business. |
| Custody and Management | The Act mandates that all public records must be properly classified, stored, and preserved by the respective government departments. |
| Transfer of Records | Public records of enduring value are to be transferred to the National Archives of India or designated archival institutions after a specified period. |
| Restriction on Removal or Destruction | Unauthorized removal, destruction, or disposal of public records is prohibited and punishable under the Act. |
| Access to Records | The Act provides guidelines for public access to records, balancing transparency with confidentiality and security concerns. |
| Appointment of Public Record Officers | Government departments must appoint officers responsible for managing records and ensuring compliance with the Act. |
| Penalty Provisions | The Act prescribes penalties for violation of its provisions, including fines and disciplinary action. |
Important Sections:
Section 2: Definition of public records.
Section 4: Maintenance and preservation of public records.
Section 6: Transfer of records to archival institutions.
Section 7: Prohibition of unauthorized removal or destruction.
Section 8: Powers to make rules.
Section 9: Penalties for contravention.
Administration and Implementation:
The National Archives of India plays a key role in the archival management of public records.
Departments are required to follow prescribed procedures for record keeping, retention, and disposal.
Training and guidelines are provided for public record officers to ensure professional management.
Importance of the Act:
Ensures preservation of government documents for future reference.
Promotes accountability and transparency in public administration.
Facilitates historical and legal research.
Protects records from unauthorized tampering or loss.
Enhances efficient governance by maintaining proper records.
Summary Table:
| Aspect | Description |
|---|---|
| Enacted on | 1993 |
| Purpose | Regulate management, preservation, and disposal of public records |
| Scope | All government departments and public agencies |
| Key Provisions | Classification, custody, transfer, access, penalties |
| Authority | National Archives of India and public record officers |
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