Para 2 — Record Mgmt
Original Rule Text
2. The Broad guidelines for Record management for physical as well as e-Files are explained in Chapter 10 of the Central Secretariat Manual of Office Procedure (CSMoP 2022), read with provisions of the Public Records Act, 1993 and the Public Record Rules, 1997, relevant portions of which are as follows:
Section 8 and Section 9 of the Public Records Act, 1993
B. 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.
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What This Means
This paragraph sets out the legal framework for record management in the central government. The primary sources are Chapter 10 of the Central Secretariat Manual of Office Procedure (CSMoP) 2022, the Public Records Act, 1993, and the Public Records Rules, 1997. These three instruments together govern the creation, maintenance, retention, and disposal of government records — both physical files and electronic (e-files).
Section 8 of the Public Records Act, 1993 deals with the destruction or disposal of public records. It lays down a critical rule: no public record can be destroyed except in the manner and subject to conditions prescribed by law. A further absolute protection exists: no record created before 1892 can ever be destroyed, unless the Director General of Archives or the head of the relevant archive certifies that it is so defaced or damaged that it no longer has any archival value. Section 9 prescribes the procedure and penalties for unlawful destruction.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Three governing instruments: CSMoP 2022 (Chapter 10), Public Records Act, 1993, and Public Records Rules, 1997.
- 2No public record can be destroyed except as prescribed by law — destruction outside procedure is unlawful.
- 3Records created before 1892 are specially protected: can only be destroyed if certified by the Director General/Head of Archives as unfit for archival use.
- 4Section 8 of the Public Records Act sets the legal basis for lawful destruction.
- 5The same rules apply equally to physical files and e-files.
Practical Example
A Record Officer in the Ministry of Railways receives a large collection of old files from 1888 and 1895. The 1895 files are candidates for review under normal retention schedules, but the 1888 files (pre-1892) cannot be destroyed under any circumstances without a formal certification from the National Archives of India that they are too defaced for archival use. Any unauthorized destruction of these records would be an offence under the Public Records Act.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.