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Conservation Regulations

THE INDIAN TREASURE-TROVE ACT, 1878

ARRANGEMENT OF SECTIONS

PREAMBLE

SECTIONS

PRELIMINARY

1. Short title.  Extent.

2 [Repealed.]

3. Interpretation-clause." Treasure."" Collector." " Owner."

PROCEDURE ON FINDING TREASURE

4. Notice by finder of treasure.

5. Notification requiring claimants to appear.

6. Forfeiture of right on failure to appear.

7. Matters to be enquired into and determined by the Collector,

8. Time to be allowed for suit by person claiming the treasure.

9. When treasure may be declared ownerless,  Appeal against such declaration.

10. Proceedings subsequent to declaration.

11. When no other person claims as owner of place treasure to be given to finder.

12. When only one such person claims and his claim is not disputed, treasure to be divided, and shares to be delivered to parties.

13. In case of dispute as to ownership of place, proceedings to be stayed.

14. Settlement of such dispute,

15. and division thereupon.

16. Power to acquire the treasure on behalf of Government.

17. Decision of Collector final, and no suit to lie against him for acts done bona fide.

18. Collector to exercise powers of Civil Court.

19. Power to make rules.

PENALTIES

 

20. Penalty on finder failing to give notice, etc.

21. Penalty on owner abetting offence under section 20.

SCHEDULE. -[Repealed.]

THE INDIAN TREASURE-TROVE ACT, 1878
ACT No. 6 OF 1878 1

An Act to amend the law relating to Treasure-trove.

[13th February, 1878.]

(Preamble.) WHEREAS it is expedient to amend the law relating to treasure-trove ; It is hereby enacted as follows:-

PRELIMINARY

1. (Short title.) This Act may be called the Indian Treasure-trove Act, 1878. ( Extent.) It extends to the whole of India except 2 [the territories which, immediately before the 1st November, 1956, were comprised in Part B States].

2.  [Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891 (12 of 1891), s. 2 and sch. I.

3. (  Interpretation-clause." Treasure.") In this Act-" treasure " means anything of any value hidden in the soil, or in anything affixed thereto : ("Collector.")  "Collector" means (1) any Revenue-officer in independent charge of a district, and (2) any officer appointed by the State Government to perform the functions of a Collector under this Act ("Owner." ) When any person is entitled, under any reservation in an instrument of transfer of any land or thing affixed thereto to treasure in such land or thing, he shall, for the purposes of this Act, be deemed to be the owner of such land or thing.

PROCEDURE ON FINDING TREASURE

4. (Notice by finder of treasure.) Whenever any treasure exceeding in amount or value ten rupees is found, the finder shall, as soon as practicable, give to the Collector notice in writing-

(a) of the nature and amount or approximate value of such treasure ;
(b) of the place in which it was found :
(c) of the date of the finding;

and either deposit the treasure in the nearest Government treasury, or give the Collector such security as the Collector thinks fit, to produce the treasure at such time and place as he may from time to time require.

5.( Notification requiring claimants to appear.) On receiving a notice under section 4, the Collector shall, after making such enquiry (if any) as he thinks fit, take the following steps (namely) :-

(a) he shall publish a notification in such manner as the State Government from time to time prescribes in this behalf, to the effect that, on a certain date (mentioning it) certain treasure (mentioning its nature, amount and approximate value) was found in a certain place (mentioning it): and requiring all persons claiming the treasure, or any part thereof, to appeal, personally or by agent before the Collector on a day and at a place therein mentioned such day not being earlier than four months, or later than six months, after the date of the publication of such notification;
(b) when the place in which the treasure appears to the Collector to have been found was at the date of the finding in the possession of some person other than the finder, the Collector shall also serve on such person a special notice in writing to the same effect.

6. (Forfeiture of right on failure to appear.) Any person having any right to such treasure or any part thereof, as owner of the place in which it was found or otherwise, and not appearing as required by the notification issued under section 5, shall forfeit such right.

7. (Matters to be enquired into and determined by the Collector.) On the day notified under section 5, the Collector shall cause the treasure to be produced before him, and shall enquire as to and determine-

(a) the person by whom, the place in which, and the circumstances under which, such treasure was found; and
(b) as far as is possible, the person by whom, and the circumstances under which, such treasure was hidden.

8. (Time to be allowed for suit by person claiming the treasure.) If, upon an enquiry made under section 7, the Collector sees reason to believe that the treasure was hidden within one hundred years before the date of the finding, by a person appearing as required by the said notification and claiming such treasure, or by some other person under whom such person claims, the Collector shall make an order adjourning the hearing of the case for such period as he deems sufficient, to allow of a suit being instituted in the Civil Court by the claimant, to establish his right,

9.(When treasure may be declared ownerless) If upon such enquiry the Collector sees no reason to believe that the treasure was so hidden ; or if, where a period is fixed under section 8, no suit is instituted as aforesaid within such period to the knowledge of the Collector ; or if such suit is instituted within such period and the plaintiff's claim is finally rejected; the Collector may declare the treasure to be ownerless. (Appeal against such declaration.) Any person aggrieved by a declaration made under this section may appeal against the same within two months from the date thereof to the Chief Controlling Revenue-authority. 4 Subject to such appeal, every such declaration shall be final and conclusive.

10. (Proceedings subsequent to declaration) When a declaration has been made in respect of any treasure under section 9, such treasure shall, in accordance with the provisions hereinafter contained either be delivered to the finder thereof, or be divided between him and the owner of the place in which it has been found in manner hereinafter provided.

11.(When no other person claims as owner of place, treasure to be given to finder.) When a declaration has been made in respect of any treasure as aforesaid, and no person other than the finder of such treasure has appeared as required by the notification published under section 5 and claimed a share of the treasure as owner of the place in which it has been found, the Collector shall deliver such treasure to the finder thereof.

12. (When only one such person claims and his claim is not disputed treasure to be divided.) When a declaration has been made as aforesaid in respect of any treasure, and only one person other than the finder of such treasure has so appeared and claimed, and the claim of such person is not disputed by the finder, the Collector shall proceed to divide the treasure between the finder and the person so claiming according to the following rule (namely) :- If the finder and the person so claiming have not entered into any agreement then in force as to the disposal of the treasure, three-fourths of the treasure shall be allotted to such finder and the residue to such person. If such finder and such person have entered into any such agreement, the treasure shall be disposed of in accordance therewith :

Provided that the Collector may in any case, if he thinks fit, instead of dividing any treasure as directed by this section,-

(a) allot to either party the whole or more than his share of such treasure, on such party paying to the Collector for the other party such sum of money as the Collector may fix as the equivalent of the share of such other party or of the excess so allotted as the case may be ;or
(b) sell such treasure or any portion thereof by public auction and divide the sale-proceeds between the parties according to the rule hereinbefore prescribed :

Provided also, that when the Collector has by his declaration under section 9 rejected any claim made under this Act by any person other than the said finder or person claiming as owner of the place in which the treasure was found, such division shall not be made until after the expiration of two months without an appeal having been presented under section 9 by the person whose claim has been so rejected, or, when an appeal has been so presented, after such appeal has been dismissed. (and shares to be delivered to parties.) When the Collector has made a division under this section, he shall deliver to the parties the portions of such treasure, or the money in lieu thereof, to which they are respectively entitled under such division.

13. (To ease of dispute as to ownership of place, proceedings to be stayed.) When a declaration has been made as aforesaid in respect of any treasure, and two or more persons have appeared, as aforesaid and each of them claimed as owner of the place where such treasure was found, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure, the Collector shall retain such treasure and shall make an order staying his proceedings with a view to the matter being enquired into and determined by a Civil Court.

14. (Settlement of such dispute.) Any person who has so appeared and claimed may, within one month from the date of such order, institute a suit in the Civil Court to obtain a decree declaring his right ; and in every such suit the finder of the treasure and all persons disputing such claim before the Collector shall be made defendants.

15.(and division thereupon.) If any such suit is instituted and the plaintiff's claim is finally established therein, the Collector shall subject to the provisions of section 12, divide the treasure between him and the finder. If no such suit is instituted as aforesaid, or if the claims of the plaintiffs in all such suits are finally rejected, the Collector shall deliver the treasure to the finder.

16. (Power to acquire the treasure on behalf of Government) The Collector may, at any time after making a declaration under section 9, and before delivering or dividing the treasure as hereinbefore provided, declare by writing under his hand his intention to acquire on behalf of the Government the treasure or any specified portion thereof, by payment to the persons entitled thereto of a sum equal to the value of the materials of such treasure or portion, together with one-fifth of such value, and may place such sum in deposit in his treasury to the credit of such persons ; and thereupon such treasure or portion shall be deemed to be the property of Government, and the money so deposited shall be dealt with as far as may be as if it were such treasure or portion.

17. (Decision of Collector final, and no suit to lie against him for acts done bona fide. ) No decision passed or act done by the Collector under this Act shall be called in question by any Civil Court, and no suit or other proceeding shall lie against him for anything done in good faith in exercise of the powers hereby conferred.

18. (Collector to exercise powers of Civil Court.) (45 of 1882) A Collector making any enquiry under this Act may exercise any power conferred by the Code of Civil Procedure 5 on a Civil Court for the trial of suits.

19. (Power to make rules.) The State Government may, from time to time, make rules consistent with this Act, to regulate proceedings hereunder.

Such rules shall, on being published in the official Gazette, have the force of law.

PENALTIES

20. (Penalty on finder failing to give notice, etc.) If the finder of any treasure fails to give the notice, or does not either make the deposit or give the security, required by section 4. or alters or attempts to alter such treasure so as to conceal its identity, the share of such treasure, or the money in lieu thereof to which he would otherwise be entitled, shall vest in Government, and he shall, on conviction before a Magistrate, be punished with imprisonment for a term which may extend to one year or with fine, or with both.

21.(Penalty on owner a betting offence under section 20.) (45 of 1860) If the owner of the place in which any treasure is found abets, within the meaning of the Indian Penal Code, any offence under section 20, the share of such treasure, or the money in lieu thereof to which he would otherwise be entitled, shall vest in Government and he shall, on conviction before a Magistrate, be punished with imprisonment which may extend to six months, or with fine, or with both.

SCHEDULE.-Rep. by the Repealing and Amending Act1891 (12 of 1891), s. 2 and Sch. I.

1. This Act has been declared to be in force in-Sonthal Parganas by the Sonthal Parganas Settlement Regulation(Reg. 3 of 1872), s. 3;

Khondmals District by the Khondmals Laws Regulation, 1936 (Reg. 4 of 1936), s. 3 and Sch; and

Angul District by the Angul Laws Regulation, 1936 (Reg. 5 of 1936), s.3 and Sch. It has also been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the Scheduled Districts of Hazaribagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singbhum-see Gazette of India, 1881, Pt. I, p. 504. (The District of Lohardaga included at that time the present District of Palamau, which was separated in 1894; Lohardaga is now called the Ranchi District; see Calcutta Gazette, 1899, Pt. I, p. 44.)

Amended in-

Bihar by Bihar Act 22 of 1947.
Madras by Madras Act 36 of 1949.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".

3. The words " And it shall come into force at once." rep, by Act 10 of 1914, s.3 and Sch. II.

4. For definition of Chief Controlling Revenue-authority, see the General Clauses Act, 1897 (10 of 1897),s.3 (10),

5. See now the Code of Civil Procedure, 1908 (5 of 1908).

 

Art and Antiquity Act, 1972

The law relating to the regulation of export trade in antiquities and art treasures and prevention of smuggling and fraudulent dealings in antiquities are contained in the Antiquities and Art Treasures Act, 1972. The said Act replaced the Antiquities (Export Control) Act, 1947, which provided for controlling the export of objects of antiquarian or historical interest or significance. The 1947 Act did not contain adequate provisions for preserving objects of antiquity and art treasures in India. It was with a view to make a comprehensive law that the Antiquities and Art Treasures Act, 1972, was passed. The 1972 Act also provides for the compulsory acquisition of antiquities and art treasures for preservation in public places.

ANTIQUITY: Under the Act, the following that have been in existence for not less than one hundred years include and "antiquity":

  1. any coin sculpture, painting, epigraph or other work of art or craftsmanship;

  2. any article, object or thing detached from a building or cave;

  3. any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages;

  4. any article, object or thing of historical interest; and

  5. any article, object or thing declared by the Central government by notification in the Official Gazette, to be an antiquity for the purpose of the Act.

Apart from the above, an antiquity also includes any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five years.

ART TREASURE: "Art Treasure" has been defined under the Act to mean any human work of art, not being an antiquity, declared by the Central Government, to be an art treasure having regard to its artistic or aesthetic value.

LICENCE: Under the Act, only the Central Government or any authority or agency authorized by the Central Government are permitted to export any antiquity or art treasure. Further, no person can sell or offer to sell antiquities accept and in accordance with the terms and conditions of a licence granted by the competent licencing authority. The licence may be granted on an application being made. The licence is granted having regard to the following factors:

  1. the experience of the applicant;

  2. the place where the applicant intends to carry on business;

  3. the number of persons already engaged in similar business at such place.

Once a licence if granted, it is liable to be revoked, suspended or amended if it is found that the licencee had obtained the same by misrepresentation of an essential fact or had contravened the terms and conditions to which the licence was subject to.

COMPULSORY

Under the Act, the Central Government has been empowered to compulsorily acquire antiquities and art treasures if it opines that it is desirable to preserve the same in a public place. Once an order for the acquisition is made, a notice is required to be given to such effect to the owner of the antiquity or art treasure and take possession of the object, using such force as may be necessary. Once the possession is taken, the owner may make a representation against the compulsory acquisition to the Central Government, which, after giving an opportunity of hearing to the owner and after considering his objections, may either confirm or rescind the order of acquisition. However, the power of compulsory acquisition does not extend to any object used for bonafide religious acquisitions.

Once an antiquity or art treasure is compulsorily acquired, the owner is entitled to be paid compensation, which is to be determined by:

  1. agreement, or

  2. an arbitrator who is to be assisted by a person having expert knowledge as to the nature of the object acquired.

The factors to be considered while determining the compensation payable are

  1. the age of the antiquity or art treasure,

  2. the artistic, aesthetic, historical, architectural, archaeological or anthropological importance of the antiquity or art treasure, and

  3. the rarity of the antiquity or art treasure.


law@team.indiainfo.com

 

Gold Control Act, 1972

 

Archival Policy Resolution, 1972

 

Art and Antiquity Act, 1972, amendment, 2000

 

THE PUBLIC RECORDS ACT, 1993

Public Records Act was passed by the Indian Parliament in 1993 to regulate the Management, Administration, and Preservation of Public Records of the Union Government, Union Territories, Public Sector Undertakings, Statutory bodies and Corporations, Commissions and Committees constituted by the Union Government or Union Territory Administrations. The functioning of the Act is detailed under the Public Records Rules, 1997.

THE PUBLIC RECORDS ACT, 1993

No.69 OF 1993

(22nd December, 1993)


Click For Larger ViewAn Act to regulate the management, administration and preservation of public records of the Central Government, Union Territory Administrations, public sector undertakings, statutory bodies and corporations, commissions and committees constituted by the Central Government or a Union Territory Administration and matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows :-

1.      (1)This Act may be called the Public Records Act, 1993.
(2) It shall come into force, on such date as the Central Government may, by notification in the Official Gazette, appoint

2.      In this Act, unless the context otherwise requires, -

a.      "Board" means the Archival Advisory Board constituted under sub-section (1) of section 13;

b.      "Director General" means the Director General of Archives appointed by the Central Government and includes any officer authorized by that Government to perform the duties of the Director General

c.       "Head of the Archives" means a person holding the charge of the Archives of the Union Territory Administration;

d.      "prescribed" means prescribed by rules made under this Act;

e.      "public records" includes -

                                                         i.            any document, manuscript and file;

                                                       ii.            any microfilm, microfiche and facsimile copy of a document;

                                                      iii.            any reproduction of 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 records creating agency;

f.        "records creating agency" includes, -

                                                         i.            in relation to the Central Government, any ministry, department or office of that Government;

                                                       ii.            in relation to any statutory body or corporation wholly or substantially controlled or financed by the Central Government or commission or any committee constituted by that Government, the offices of the said body, corporation, commission or committee;

                                                      iii.            in relation to a Union Territory Administration, any department or office of that Administration;

                                                     iv.            in relation to any statutory body or corporation wholly or, substantially controlled or financed by Union territory Administration or commission or any committee constituted by that Government, the offices of the said body, corporation, commission or committee;

g.      "records officer" means the officer nominated by the records creating agency under sub-section (1) of section 5.

3.      (1) The Central Government shall have the power to coordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of public records under this Act.
(2) The Central Government in relation to the public records of the records, creating agencies specified in sub-clauses (i) and (ii) of clause (f) of section 2 and the Union territory Administration in relation to the public records of the records creating agencies specified in sub-clauses (iii) and (iv) of the said clause, may, by order, authorize the Director General on the head of the Archives, as the case may be, subject to such conditions as may be specified in the order, to carry out all or any of the following function, 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 delunet bodies and making arrangement for securing public records in the event of national emergency;

o.      receiving reports on records 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.      No person shall take or cause to be taken out of India any public records without the prior approval of the Central 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.

5.      (1) Every records creating agency shall nominate one of its officers as records officer to discharge the functions under this Act.
(2) Every records creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer.

6.      (1) The records officer shall be responsible for -

 .        proper arrangement, maintenance and preservation of public records under his charge;

a.      periodical review of all public records and weeding out public records of ephemeral value;

b.      appraisal of public records which are more than twenty-five years old in consultation with the National Archives of India or, as the case may be, the Archives of the Union territory with a view to retaining public records of permanent value;

c.       destruction of public records in such manner and subject to such conditions as may be prescribed under sub-section (1) of section 8;

d.      compilation of a schedule of retention for public records in consultation with the National Archives of India or, as the case may be, the Archives of the Union Territory;

e.      periodical review for downgrading of classified public records in such manner as may be prescribed;

f.        adoption of such standards, procedures and techniques as may be recommended from time to time by the National Archives of India for improvement of record management system and maintenance of security of public records;

g.      compilation of annual indices of public records;

h.      compilation of organizational history and annual supplement thereto;

i.         assisting the National Archives of India or, as the case may be, the Archives of the Union territory for public records management;

j.        submission of annual report to the Director General or, as the case may be head of the Archives in such manner as may be prescribed;

k.       transferring of records of any defunct body to the National Archives of India or the Archives of the Union Territory, as the case may be, for preservation.

(2) The records officer shall act under the direction of the Director General or, as the case may be, head of the Archives while discharging the responsibilities specified in sub-section (1).

7.      (1) The records officer shall, in the event of any unauthorized removal, destruction, defacement or alteration of any public records under his charge, forthwith take appropriate action for the recovery or restoration of such public records.
(2) The records officer shall submit a report in writing to the Director General or as the case may be the head of the Archives without any delay on any information about any unauthorized removal, destruction, defacement or alteration of any public records under his charge and about the action initiated by him and shall take action as he may deem necessary subject to the directions, if any given by the Director General or, as the case may be, head of the Archives.
(3) The records officer may seek assistance from any government officer or any other person for the purpose of recovery or restoration of public records and such officer or person shall render all assistance to the records officer.

8.      (1) Save as otherwise provided in any law for the time being in force, no public record shall be destroyed or otherwise disposed of excepts in such manner and subject to such conditions as may be prescribed.
(2) No record created before the year 1892 shall be destroyed except where in the opinion of the Director General or, as the case may be, the head of the Archives, it is so defaced or is in such condition that it cannot be put to any archival use.

9.      Whoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both.

10.  No public records bearing security classification shall be transferred to the National Archives of India or the Archives of the Union Territory.

11.  (1) The National Archives of India or the Archives of the Union Territory may accept any record of historical or national importance from any private source by way of gift, purchase or otherwise.
(2) The National Archives of India or, as the case may be, the Archives of any Union Territory may, in such manner and subject to such conditions as may be prescribed, make any record referred to in sub-section (1) available to any bona fide research scholar.

12.  (1) All unclassified public records as are more than thirty years old and are transferred to the National Archives of India or the Archives of the Union Territory may be, subject to such exceptions and restrictions as may be prescribed made available to any bona fide research scholar.

Explanation :- For the purposes of this sub-section, the period of thirty years shall be reckoned from the year of the opening of the public record.

(2) Any records creating agency may grant to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed.

13.  (1) The Central Government may, by notification in the Official Gazette, constitute an Archival Advisory Board for the purposes of this Act.
(2) The Board shall consist of the following members, namely :-

 .        Secretary to the Government of India in the Ministry of Central Government dealing with Culture

a.      One officer not below the rank of Joint Secretary to the Government of India, each from the Cabinet Secretariat, Ministry of Home Affairs,Ministry of Defence, Ministry of External Affairs, Ministry of Finance and Ministry of Personnel, Public Grievances and Pension.

b.      Two representatives not below the rank of Joint Secretary in the Union Territory Administrations to be nominated by the Central Government.

c.       Three persons to be nominated by the Central Government for a period not exceeding three years, one being an Archivist and two being Professors in the Post-graduate Department of History in any recognized University.

d.      Director General of Archives.

e.      The members nominated under clause (d) of sub-section (2) shall be paid such allowances as may be prescribed.

14.  The Board shall perform the following functions, namely :-

0.      advise the Central Government and Union Territory Administrations on matters concerning the administration, management, conservation and use of public records;

1.      lay down guidelines for training of Archivists;

2.      give directions for acquisition of records from private custody;

3.      deal with such other matters as may be prescribed.

15.  The Director General shall have the power to lay down norms and standards for courses curricula, assessment and examinations relating to the training in archival science and other ancillary subjects.

16.  No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

17.  (1) The Central Government may, by notification in the Official Gazette, makes rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters,

 .            the period after which public records of permanent nature may be accepted under clause (b) of sub-section (2) of section 3;

i.            the manner in which and the conditions subject to which public records can be destroyed under clause (d) of sub-section (1) of section 6;

ii.            the manner in which periodical review of classified public records for downgrading shall be undertaken under clause (F) of sub-section (1) of section 6;

iii.            the manner in which the records officer will report to the Director General or the head of the Archives under clause (k) of sub section (l) of section 6;

iv.            the manner in which and the conditions subject to which public records may be destroyed or disposed of under sub-section (l) of section 8;

v.            the manner in which and the conditions subject to which records of historical or national importance may be made available to research scholar under sub-section (2) of section 11;

vi.            exceptions and restrictions subject to which public records may be made available to a research scholar under sub-section (1) of section 12;

vii.            the manner in which and the conditions subject to which any records creating agency may grant to any person access to public records in its custody sub-section (2) of section 12;

viii.            the allowances payable to members of the Board under sub-section (3) of section 13;

ix.            the matters with respect to which the Board may perform its functions under clause (d) of section 14;

x.            any other matter which is required to be, or may be, prescribed.

18.  Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

K.L.MOHANPURIA,
Secy. to the Govt.of India.

Public Records Act, 1993

Published in the Gazette of India Part-II Section 3
Sub Section (i). New Delhi January 18,1997
(Department of Culture)
New Delhi, the 9th January, 1997

Click For Larger ViewG.S.R. 43- In exercise of the powers conferred by sub-section (1) of section 17 of the Public Records Act, 1993 (69 of 1993), the Central Government hereby makes the following rules, namely :-

1.      Short title and commencement :-

1.      These rules may be called the Public Records Rules, 1997.

2.      They shall come into force on the date of their publication in the Official Gazette.

2.      Definitions :- In these rules, unless the context otherwise requires,

a.      "Act" means the Public Records Act,1993 (69 of 1993);

b.      "appraisal" means the evaluation of public records in association with the National Archives of India or Archives of the Union Territory as the case may be;

c.       "classified records" means the files relating to the public records classified as top-secret, confidential and restricted in accordance with the procedure laid down in the Manual of Departmental Security Instruction circulated by the Ministry of Home affairs 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 classification after their evaluation;

g.      "file" means a collection of papers relating to the public records on a specific subject-matter consisting of correspondence, notes and appendix there to and assigned with a file number;

h.      "form" means the form appended to these rules;

i.         "private records" means records lying in the possession of a private individual or with any non-governmental organization;

j.        "recording" means the process of closing a file after action on all issue 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;

o.      "standing guard file" means a compilation of papers on a particular subject-matter consisting of copies of policy decision, orders, instructions or any another matter incidental thereto arranged in a chronological order;

p.      Words and expression 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 officers order issued in pursuance of the provision of sub-section (1) of section 5 of the Act nominate one of its officers, not below the rank or grade of a Section Officer, as the Records Officer. A copy of such office order shall forwarded to the Director General or Head of the 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 General or Head of the 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 General or Head of the Archives, as the case may be.

5.      Acceptance of public records of permanent nature :-

0.      The Director General or Head of the 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.

1.      Records Officer shall intimate to the Director General or Head of the Archives, as the case may be each year before 31st day of January, in form-1 the particulars of all public records of permanent nature which are due for appraisal during the year.

2.      On receipt of an intimation under sub-rule(2), the Director General or Head of the 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 General or Head of the 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.

3.      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 General or Head of the Archives as the case may be.

6.      Withdrawal of public records :-

0.      If public records deposited and preserved with the Director General or Head of the Archives as the case may be are 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 General or Head of the Archives as the case may be.

1.      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 records creating agency.

7.      Down-grading of classified records :-

0.      The records creating agency shall by an office order authorize an officer not below the rank of the Under Secretary to the Government of India to evaluate and downgrade the classified records being maintained by it. A copy of such office order shall be forwarded to the Director General or Head of the Archives, as the case may be.

1.      The officer so authorized under sub-rule (1) shall evaluate the classified records every fifth year for the purpose of down-grading.

2.      After down-grading if the officer declares any record as of permanent nature the same shall be deposited and preserved with the Director General or Head of the Archives , as the case may be, after its appraisal.

3.      The records deposited under this rule can be requisitioned for any official purpose and returned to the Director General or Head of the Archives as the case may be, in the manner provided under rule 6.

4.      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 General or Head of the Archives, as the case may be on the action taken for evaluation and downgrading the classified records.

8.      Submission of Annual Report :-

0.      The Records Officers nominated under rule 3 shall furnish to the Director General or Head of the Archives as the case may be an Annual Report in Form-5 every year in the month of March of the following year.

1.      The Director General or Head of the Archives as the case may be shall thereafter, submit a report to the Government in the Ministry of Human Resources Development every year on the action taken by the Records Officer in pursuance to the provision of clauses (a) to (1) of sub-section 1 of section 6 of the Act.

9.      Destruction of Public Records :-

0.      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 these files on which action has been completed. This work shall be accomplished in consultation with the Records Officer.

1.      No public records which is more than twenty five years old shall be destroyed by any records creating agency unless it is appraised.

2.      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.

3.      The Records Officer shall furnish a half yearly report in Form-on recording, indexing, reviewing and weeding of records to the Director General or Head of the Archives, as the case may be.

4.      Records shall be destroyed either by burning or shredding in the presence of Records Officer.

10.  Access to private records :-

0.      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.

1.      Research scholars shall submit an application in Form-8 to the Director General or Head of the Archives as the case may be for permission to consult records. The Director General or Head of the Archives as the case may be, may refuse such permission in public interest and for reasons to be recorded on the said application.

2.      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 General or Head of the Archives, as the case may be.

11.  Access to public records :-

0.      The public records accepted for deposit and preservation under sub-rule (1) of rule 5 shall be made available for bona fide consultation and research purpose subject to the provision of sub-section (1) of section 12 and the following conditions namely.

1.      A person who intends to consult the public records shall apply to the Director General or Head of the Archives, as the case may be in Form-8. The Director General or Head of the Archives, as the case may be may refuse such permission in public interest and for reasons to be recorded on the said application.

2.      Foreign nationals intending to consult the public records may be permitted only on the production of letters of introduction from their sponsoring institution and diplomatic Mission.

3.      Record maps and cartographic records relating to the Ministry of External Affairs and Ministry of Defence, in respect of Arunachal Pradesh (including Eastern Section of the Sino- Indian border) Sikkim, Bhutan, Nepal, Tibet, China and Myanmar and areas comprising Pakistan and Bangladesh may be made available for consultation keeping in view 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 Resources 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 General or Head of the Archives as the case may be refuse such consultation.

4.      Wherever microfilm rolls may be made available the original records shall not be supplied for consultation to research scholar.

5.      Reprographic and transcription facilities may be made available on submission of an application in Form-9 and for such services the applicant shall have to make the payment of such services (the applicant shall have to make the payment of such services charges) as may be fixed by the Director General or Head of the Archives as the case may be from time to time.

6.      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.

7.      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 General or Head of the Archives, as the case may be;

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 opinion of the Director General or Head of the Archives as the case may be is detrimental to the maintenance and preservation of public records.

Allowances to the members of the Archival Advisory Board :- The members of the Archival Advisory Board nominated by the Central Government under clause (d) of sub-section 2 of section 13 shall draw travelling allowance and daily allowance for attending the meetings of the Archival Advisory Board at the rates admissible to Group 'A' officers of the Central Government.