THE PUBLIC RECORDS ACT, 1993 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Power of the Central Government to coordinate, regulate and supervise operations connected with 

administration, management, etc., of public records. 
4.  Prohibition against taking of public records out of India. 
5.  Records officer. 
6.  Responsibilities of records officer. 
7.  Records officer to take appropriate action in the event of unauthorised removal, destruction, etc., 

of public records in his custody. 

8.  Destruction or disposal of public records. 
9.  Penalty for contraventions. 
10.  Public records bearing security classification. 
11.  Receipt of records from private sources. 
12.  Access to public records. 
13.  Archival Advisory Board. 
14.  Functions of the Board. 
15.  Power of the Director General to lay down norms and standards for courses in archival science. 
16.  Protection of action taken in good faith. 
17.  Power to make rules. 
18.  Laying of rules before Parliament. 

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THE PUBLIC RECORDS ACT, 1993 

ACT NO. 69 OF 1993 

[21st December, 1993.] 

An  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. Short title and commencement.—(1) This Act may be called the Public Records Act, 1993. 
(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—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  authorised  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 
Administration, 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. 

1.1st March, 1995, vide notification No. S.O. 128(E), dated 1st March, 1995, see Gazette of India, Extraordinary, Part II, 

sec.3(ii). 

This Act has been extended to the Union territory Jammu and Kashmir and the Union territory of Ladakh by Act 34 of 2019, s. 
95 and the Fifth Schedule (w.e.f. 31-10-2019). 

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3. Power of the Central Government to coordinate, regulate and supervise operations connected 
with  administration,  management,  etc.,  of  public  records.—(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, authorise the Director General or 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 
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)  analysing,  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 utilisation 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) organising 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 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. Prohibition against taking of public records out of India.—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. Records officer.—(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. 

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6. Responsibilities of records officer.—(1) The records officer shall be responsible for— 

(a) proper arrangement, maintenance and preservation of public records under his charge;  

(b) periodical review of all public records and weeding out public records of euphemeral value; 

(c) 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; 

(d)  destruction  of  public  records  in  such  manner  and  subject  to  such  conditions  as  may  be 

prescribed under sub-section (1) of section 8; 

(e)  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; 

(f)  periodical  review  for  downgrading  of  classified  public  records  in  such  manner  as  may  be 

prescribed; 

(g) 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; 

(h) compilation of annual indices of public records; 

(i) compilation of organisational history and annual supplement thereto; 

(j)  assisting  the  National  Archives  of  India  or,  as  the  case  may  be,  the  Archives  of  the  Union 

territory for public records management; 

(k)  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; 

(l) 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. Records officer to take appropriate action in the event of unauthorised removal, destruction, 
etc., of public records in his custody.—(1) The records officer shall, in the event of any unauthorised 
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  unauthorised  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.  Destruction or  disposal  of  public records.—(1) Save  as  otherwise  provided  in any  law for the 
time being in force, no public record shall be destroyed or otherwise disposed of except 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. Penalty for contraventions.—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. 

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

11. Receipt of records from private sources.—(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. Access to public records.—(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.  Archival  Advisory  Board.—(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:— 

(a)  Secretary to the Government of India in the Ministry of 

Chairman, ex officio; 

Central Government dealing with Culture 

(b)  one officer not below the rank of Joint Secretary to the 
Government  of 
the  Cabinet 
India,  each 
Secretariat,  Ministry  of  Home  Affairs,Ministry  of 
Defence,  Ministry  of  External  Affairs,  Ministry  of 
Finance  and  Ministry  of  Personnel,  Public  Grievances 
and Pension 

from 

Members, ex officio; 

(c) 

(d) 

two  representatives  not  below  the  rank  of  Joint 
Secretary  in  the  Union  territory  Administrations  to  be 
nominated by the Central Government 

Members; 

the  Central 
to  be  nominated  by 
three  persons 
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 recognised 
University. 

Members; 

(e)  Director General 

Member-Secretary,  
ex officio 

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

be prescribed. 

14. Functions of the Board.—The Board shall perform the following functions, namely:— 

(a) advise the Central Government and Union territory Administrations on matters concerning the 

administration, management, conservation and use of public records; 

(b) lay down guidelines for training of Archivists; 

(c) give directions for acquisition of records from private custody; 

(d) deal with such other matters as may be prescribed. 

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15.  Power  of  the  Director  General  to  lay  down  norms  and  standards  for  courses  in  archival 
science.—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. Protection of action taken in good faith.—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. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make 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, namely:— 

(a) the period after which public records of permanent nature may be accepted under clause (b) of 

sub-section (2) of section 3; 

(b)  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; 

(c) 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; 

(d) 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 (1) of section 6; 

(e) the manner in which and the conditions subject to which public records may be destroyed or 

disposed of under sub-section (1) of section 8; 

(f)  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; 

(g)  exceptions  and  restrictions  subject  to  which  public  records  may  be  made  available  to  a 

research scholar under sub-section (1) of section 12; 

(h)  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 under sub-section (2) of section 12; 

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

(j)  the  matters  with  respect  to  which  the  Board  may  perform  its  functions  under  clause  (d)  of 

section 14; 

(k) any other matter which is required to be, or may be, prescribed. 

18. Laying of rules before Parliament.—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. 

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