What measures have been taken by the Department to Protect the Documents in Records Room?

A report titling -Fire at BBMP office razes khata files:- A massive fire at a BBMP office on Sampige Road on Thursday destroyed as many as 11,000 property-related documents, including khata files made me to write this letter to you.

The DPAR has issued many circulars and the CIC has issued many directions to keep record rooms in proper manner. I have given here two of them which are very important.

Maintenance of records in consonance with Section 4 of the RTI Act

N0.12 192/2009-1R
Government of lndia

Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi

Dated the 20Ih January 2010

OFFICE MEMORANDUM

Subject: Maintenance of records in consonance with Section 4 of the RTI Act

The Central lnformation Commission in a case has highlighted that the systematic failure in maintenance of records is resulting in supply of incomplete and misleading information and that such failure is due to the fact that the public authorities do not adhere to the mandate of Section 4(l)(a) of the RTI Act, which requires every public authority to maintain all its records duly catalogued and indexed in a manner and form which would facilitate the right to information. The Commission also pointed out that such a default could qualtfy for payment of compensation to the complainant. Section 19(8)(b) of the Act gives power to the Commission to require the concerned public authority to compensate the complainant for any loss or other detriment suffered.

2. Proper maintenance of records is vital for the success of the Right to lnformation Act but many public authorities have not paid due attention to the issue despite instructions issued by this Department. The undersigned is directed to request all the MinistrieslDepartments etc. to ensure that requirements of Section 4 of the Act in general and clause (a) of sub-section (1) thereof in particular are met by all the public authorities under them without any further delay.

(K.G.Verrna)
Director
Tel. No.23092158

1. All the Ministries IDepartments of the Government of lndia
2. Union Public Service Commission1 Lok Sabha Sectt.1 Rajya Sabha'
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission IPresident's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission IElection Commission
3. Central lnformation CommissionlState lnformation Commission
4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of lndia, 10, Bahadur Shah Zafar
Marg, New Delhi.
6. All officerslDeskslSections, Department of Personnel & Training, Department
of AR & PG and Department of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the StateslUTs

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GOVERNMENT OF KARNATAKA

No. DPAR 82 RTI 2007 Karnataka Government Secretariat

5th Stage, 2nd Floor,

M.S. Building,

Bangalore, dated 21-8- 2007

Circular

Sub : Maintenance of files/records in Government offices as per the orders of the Karnataka Information Commission.

The Karnataka Information Commission has issued orders that a comprehensive procedure be adopted regarding proper and regular maintenance of files/records, their preservation, duties and responsibilities of the officers/staff and action to be taken in the case of misplacement / non availability of files / records vide their order No. KIC 301 COM 2007, dated 28-6-2007.

In this background, the Government Offices, Corporations, Boards, Government aided institutions/indirectly aided institutions shall maintain files/records in their offices (as follows).

1) Instructions in Chapter 17 of the Secretariat Manual (Revised) 2005 shall be strictly followed and necessary action should be taken on the following:

a) After disposal of files under different classes they shall immediately got stitched and forwarded to the record room. They should not be kept in the office for any reason what so ever.

b) Records classified as ‘D’ shall be destroyed after expiry of the period after making an entry in the register. Such register shall be forwarded to the records section and the same shall be called whenever necessary.

c) The records in the registers maintained in the sections should be sent to the General Record Section when they are no longer required for current use in the sections.

d) After recalling the files disposed under Class A, B, C, D from the record section, after using the same they must be immediately sent back to the record section, they shall not be kept in the section for any reason whatsoever.

e) The State Archives Department should inform the section concerned about the expiry of the period of preservation mentioned on the file under their custody, the sections should respond immediately and take action to destroy the files.

2) Disposal paras 51 anf 52 and paras 68 to 84 of the Manual of office procedure (1976) shall be strictly followed and action must be taken on the following issues also:

a) Certain record files which are actually not required specifically for any sub-section can be kept with the record keeper. The gazettes, periodicals, periodical informations, reports, advertisements etc. come under this category the preservation of these files depend upon the preservation period prescribed and shall be disposed accordingly.

b) Files received at the record section must be classified as A, B, C, D and E (this will not apply to the Secretariat Departments).

c) Year wise bundle shall be prepared and the year of disposal be mentioned on the bundle.

d) Records must be destroyed according to the standing instructions.

Classification of Files:

Files must be classified in accordance with the Secretariat Manual and Manual of Office Procedure. After such classification files shall be invariably be sent to the State Archives (Secretariat), like wise the disposal of files according to their classification be done as mentioned in the manual of office procedure.

Preservation of files :

1) The Record room should be provided with exhaust fan and bright light so as to prevent accumulation of dust and insects.

2) Periodicals fumigation and spraying of insecticides conducted to prevent destroying of files from worms and insects.

3) Fire prevention measures must be taken.

4) To preserve important files action should be taken for microfilming, scanning, digitalization and computerization of files (according to the merit of the files).

Maintenance of files/records

When record files are not required for use specifically for any section, they should be kept with the record keeper. Notwithstanding anything contained in the manual, the destroying of the files pertaining to Accounts should be subject to the provisions of the financial code. (Manual of Office procedure para 53).

Duties/responsibilities of the officers/employees:

1) As required in chapter II of the Karnataka Government Secretariat Manual 2005 and the Manual of Office Procedure, the Officers/employees shall perform their duties with due responsibility of maintaining the files/records.

2) The Public Information Officer appointed under the Right to Information Act should furnish the information after thorough examination of the application seeking the information. While furnishing such information the employee concerned also shall involve and perform his duty.

3) In case the file in respect of which the information is sought in the application made to the information officer is not traceable/missing, a new file if possible may be created and the information is furnished.

Regarding the procedure to be followed in the case of missing files the Karnataka Information Commission till date has issued orders in about 80 cases. One example is as follows:-

a) Case No. KIC 566 CoM c/w KIC 603 COM 2006

“… Commission noted that the records relating to land acquisitions are permanent records and these records cannot be lost. Therefore it is essential to fix responsibility on the concerned for loss of records. Accordingly the commission directs the respondent to the register an FIR with jurisdictional police against loss of connected records and also to hold an internal enquiry to fix responsibility on the concerned for loss of records”.

Action shall be taken in case of missing files as per the above order of the Commission. Further the files are the property of the Government and they should be preserved with due care.

This is the duty of the officer/staff of all departments/corporations/boards and maintenance of the files should be strictly followed.

J.C.R. SUBRAMANIAN

Principal Secretary to Government

Department of Personnel and Administrative Reforms

(A.R-Training and Political Pension).

On the above background I would like to know

whether the following measures have been taken by the PU Education Department for the Preservation of files :

1) Whether the Record room has exhaust fan and bright light so as to prevent accumulation of dust and insects.

2)whether the Periodicals fumigation and spraying of insecticides conducted to prevent destroying of files from worms and insects.

3) whether the Fire prevention measures have been ensured.

4) To preserve important files an action of microfilming, scanning, digitalization and computerization of files (according to the merit of the files) have been introduced in the office.

I have written this letter in Public Interest. Action Taken on this letter is humbly solicited.
For your better understanding as to how to maintain record room I have given you the below link. I request you to go through it and please do the needful.

A Model record Room in Hassan

Yours Truly

Madhu C S

Advocate and Human Rights Activist,

Chikkakallur, Gubbi Taluk

Ph: 572 220