MAHARASHTRA PUBLIC RECORDS
ACT, 2005 THE
MAHARASHTRA PUBLIC RECORDS ACT, 2005 [ACT
No. 4 OF 2006] [17th
January 2006.][1] An Act to regulate the management,
administration and preservation of public records of the State Government,
local authorities, public sector undertakings, statutory bodies and
corporations, commissions and committees constituted by the State Government
and for matters connected therewith or incidental thereto. WHEREAS it is expedient to regulate the
management, administration and preservation of public records of the State
Government, local authorities, public sector undertakings, statutory bodies and
corporations, commissions and committees constituted by the State Government
and for matters connected therewith or incidental thereto; it is hereby enacted
in the Fifty-sixth Year of the Republic of India as follows :-- (1) ???This Act may be called the Maharashtra Public
Records Act, 2005. (2) ??It
shall come into force on such *date as the State Government may, by
notification in the Official Gazette, appoint. In this Act, unless the context
otherwise requires,-- (a) "Board"
means the State Archival Advisory Board constituted under sub-section (1) of
section 13; (b) "Department of
Archives" means the Department of Archives under the administrative
control of the Social Justice, Cultural Affairs and Special Assistance
Department of the Government of Maharashtra; (c) "Director"
means the Director of the Department of Archives appointed by the State
Government and includes any officer authorised by the State Government to
perform the duties of the Director; (d) "Government"
or "State Government" means the Government of Maharashtra; (e) "Local
authority" means,-- (i) the Municipal
Corporation of Brihan Mumbai established under the Mumbai Municipal Corporation
Act(Born. III of 1888); (ii) a Municipal
Corporation, established under the Bombay Provincial Municipal Corporation Act,
1949(Bom. LIX of 1949); (iii) the Corporation of
the City of Nagpur, established under the City of Nagpur Corporation Act,
1948,(C.P. and Berar II of 1950); (iv) a Municipal Council,
constituted under the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965,(Mah. XL of 1965); and (v) a Zilla Parishad,
established under the Maharashtra Zilla Parishads and Panchayat Samitis Act,
1961(Mah. V of 1962); (f) "prescribed"
means prescribed by rules made under this Act; (g) "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; (h) "records
creating agency" includes,-- (i) ???in relation to the State Government, any
Department of Mantralaya or office of the State Government; (ii) ???in
relation to the local authority or any statutory body or corporation wholly or
substantially controlled or financed by the State Government or commission or
any committee constituted by the State Government, the office of the said local
authority, statutory body, corporation, commission or committee; (i) "records
officer" means the officer nominated by the records creating agency under
sub-section (1) of section 5. (1) The State 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 State Government
in relation to the public records of the records creating agencies specified in
clause (h) of section 2 may, by order, authorise the Director, 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 co-ordinating the standards, procedures and techniques
for improvement of the records management system; ? (g) ensuring the
maintenance, arrangement and security to public records in the Department of
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. No person shall take or cause to be
taken out of the State of Maharashtra any public records 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 the State of
Maharashtra for any official purpose. (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. (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 ephemeral value; (c) appraisal of public
records, which are more than twenty-five years old, in consultation with the
Director 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 Director; (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 Director 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
Director for public records management; ? (k) submission of annual report
to the Director in such manner as may be prescribed; (l) transferring of
records of any defunct body to the Director for preservation. (2) The records officer
shall act under the direction of the Director while discharging the
responsibilities specified in subsection (1). (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 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. (3) The records officer
may seek asistance from any Government officer or any other person for the
purpose of recovery or restoration of the public records and such officer or
person shall render all assistance to the records officer. (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, which is
more than hundred years old on the date of commencement of the Maharashtra
Public Records Act, 2005,(Mah. IV of 2006); shall be destroyed except where in
the opinion of the Director, it is so defaced or is in such condition that it
cannot be put to any archival use. 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. No public records bearing security
classification shall be transferred to the Department of Archives. (1) The Department of
Archives may accept any record of historical of national importance from any
private source by way of gift, purchase of otherwise. (2) The Department of
Archives may,, in such manner and subject to such conditions as may (sic), make
any record referred to in sub-section (1) available to any bona fide research
scholar. (1) All unclassified
public records as are more than thirty years old and are transferred to the
Department of Archives may be, subject to such exceptions and restrictions as
may be prescribed, made available to any research scholar. Explanation.--For the purpose 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 such manner and
subject to such conditions as may be prescribed. (1) The State Government
may, by notification in the Official Gazette, constitute, for the purposes of
this Act, an Archival Advisory Board to be called as the Maharashtra Archival
Advisory Board. (2) The Board shall
consist of the following members, namely :-- (a) ex officio
Chairman- the Secretary to Government, Cultural Affairs
Department (b) ex officio member-one
officer not below, the rank of Joint Secretary to Government, each from General
Administration Department, Finance Department, Revenue Department and Planning
Department (c) members- three
persons to be nominated by the State Government for a period not exceeding
three years, one being an Archivist and two being Professors in the
Post-graduate Department of History in a Statutory University, (d) ex officio
Member-Secretary- the Director of the Department of Archives (3) The members nominated
under clause (c) of sub-section (2) shall be paid such allowances as
may be prescribed. The Board shall perform the following
functions, namely:-- (a) advise the State
Government on matters concerning the administration, (b) management,
conservation and use of public records; (c) lay down guidelines
for training of Archivists; (d) give directions for
acquisition of records from private custody; (e) deal with such other
matters as may be prescribed. The Director 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. 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. (1) The State Government
may, by notification in the Official Gazette, and subject to the condition of
previous publication, make rules to carry out the purposes 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 the public records can be destroyed under
clause (d) of subsection (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 shall submit annual report to the Director 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 a 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 subsection (3) of section 13; (f) the matters with
respect to which the Board may perform its functions under clause (d) of
section 14; ? (j) any other matter
which is required to be, or may be, prescribed for carrying out the purposes of
this Act. ? (3) Every rule made under
this Act shall be laid, as soon as may be after it is made, before each House
of the State Legislature 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 expiry of the session in which it is so laid or the
session immediately following, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made and notify such
decision in the Official Gazette, the rule shall, from the date of such
notification, 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 or omitted to be
done under that rule. (1) If any difficulty
arises in giving effect to the provisions of this Act, the State Government
may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act, as appear to it to be necessary
or expendient for removing the difficulty : Provided that, no such order shall be
made after the expiry of a period of two years from the date of commencement of
this Act. (2) Every order made
under sub-section (1) shall be laid, as soon as may be, after it is made,
before each House of the State Legislature. [1] ?For Statement of Objects and Reasons, see
Maharashtra Government Gazette, Extraordinary, *15th February, 2006, uide
G.N./S.J.C.A. and S.A. Department, No. MPV-2000/CR-308/CUL-II, dt. 15-2-2006,
P. IV-B, Part V-A, dated the 6th December 2005, P. 476.
Preamble 1 - THE MAHARASHTRA PUBLIC RECORDS ACT, 2005PREAMBLE