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Thread: Record Retention Schedule for Central Government

  1. #1
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    Record Retention Schedule for Central Government


    The Central Government has issued a "Record Retention Schedule" to be followed by Departments of the Central Government.

    Many times, RTI Applicants are faced by issues like "missing records" or "records destroyed".

    This attached schedule will be a useful guide to members.


    Attached Files Attached Files

  2. #2

    Re: Record Retention Schedule for Central Government


    The Public Authorities in India are free to fix the "Record Retention Schedule" and suppose if the Public Authority fixes the "Record Retention Schedule" as 30 days, then the PIO will deny the information based on the "Record Retention Schedule"

    Please Comments.

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    Re: Record Retention Schedule for Central Government


    @altaf
    The record retention schedule fixed by the public authorities cannot overrride the Public Records act and the public record rules which govern the management of records by public authorities under the central government.

    vsprajan

  4. Re: Record Retention Schedule for Central Government



    can record retention schedule override schedule as of GoI

  5. #5

    Re: Record Retention Schedule for Central Government


    Public records are classified in various categories, and the retention schedule for each category is different, usually in years. It doesn't change usually, and is never as short as 30 das, to the best of my knowledge. So your hypothetical concerns appear unfounded.

    If a PA unduly fixes such a short schedule, it will itself land up in a lot of administrative hassles, due to distruction of documents that it will itself need for its work. So such a thing is most unlikely to happen.

  6. Re: Record Retention Schedule for Central Government


    Quote Originally Posted by vsprajan View Post
    @altaf
    The record retention schedule fixed by the public authorities cannot overrride the Public Records act and the public record rules which govern the management of records by public authorities under the central government.

    vsprajan
    I need to know how you can ascertain that PA can't override public record act

  7. #7
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    Re: Record Retention Schedule for Central Government


    Quote Originally Posted by vinayakj View Post
    I need to know how you can ascertain that PA can't override public record act
    The public record act is enacted by the Parliament and to be enforced by the executive by framing appropriate rules & regulations based on the enabling provisions on the public record's act. Moreover, the regulations which are framed by the executive, are subordinate laws, which does not have the power to override the law enacted by the parliament. Hence, the executive instructions / rules & regulations framed underneath any act, cannot override / nor enlarge the jurisdiction of the act.

  8. Re: Record Retention Schedule for Central Government


    @vsprajan


    I have come across a pa who have chalked out rules which say that once the yearly audit is over pa can destroy records at will - now every rti application which is heart pinching to pa what they do is standard reply u/s 8 deny info so applicant goes to FA - SA *** - one year is passed -- pa says records destroyed as per policy -- so end result is no info. on some books they do enter some short description of what they have done but no further papers are available on that -- so any rti applicant can't know how and why this thing happened.
    can you pl. suggest how to over come this

    *** if at all SIC orders providing info - rti applicant has to get satisfied by some short description only which never gives any details of how and why things was done

  9. #9
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    Re: Record Retention Schedule for Central Government


    Quote Originally Posted by vinayakj View Post
    @vsprajan


    I have come across a pa who have chalked out rules which say that once the yearly audit is over pa can destroy records at will - now every rti application which is heart pinching to pa what they do is standard reply u/s 8 deny info so applicant goes to FA - SA *** - one year is passed -- pa says records destroyed as per policy -- so end result is no info. on some books they do enter some short description of what they have done but no further papers are available on that -- so any rti applicant can't know how and why this thing happened.
    can you pl. suggest how to over come this

    *** if at all SIC orders providing info - rti applicant has to get satisfied by some short description only which never gives any details of how and why things was done
    If the public authority is under state government, the following procedures can be implemented

    1. Every state has a manual of office procedure, which also deals with the records management, preservation and destruction.

    2. As per the destruction of record rules, as applicable to the state, the records can be destructed only if there is no action pending on those records and the records have been retained till the retention period applicable for that record.

    3. Under this situation, when an RTI applicant has been refused certain records under RTI even after first appeal, then the RTI applicant is to file a second appeal with the information commission, AND SIMULTANEOUSLY WRITE A LETTER TO THE HEAD OF THE PUBLIC AUTHORITY STATING THAT A SECOND APPEAL HAS BEEN FILED WITH THE INFORMATION COMMISSION PERTAINING TO THE REFUSAL OF THE SAID RECORDS.

    4. IT SHOULD ALSO STATE THAT PENDING ADJUDICATION BY THE INFORMATION COMMISSION, WHICH IMPLIES THAT OFFICIAL ACTION ON THE SAID RECORDS ARE NOT COMPLETED, AND HENCE SHOULD BE PRESERVED AND NOT DESTROYED TILL THE FINAL DECISION BY THE INFORMATION COMMISSION / BY ANOTHER HIGHER AUTHORITY (COURT).

    5. THE LETTER SHOULD ALSO STATE THAT IF THE RECORDS PERTAINING TO THE RTI APPLICATION IS DESTROYED / MISSING AFTER THE RECEIPT OF THE LETTER TO THE PUBLIC AUTHORITY, THEN IT WILL BE CONSTRUED AS DESTRUCTION OF RECORDS WITH MALAFIDE INTENTION AND APPROPRIATE PENAL PROCEEDINGS WILL BE INITIATED ON THE CONCERNED PUBLIC OFFICIAL(S).

    6. Such a letter to the head of the public authority will act as an effective deterrent against malafide destruction of records.


    vsprajan

  10. #10
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    Re: Record Retention Schedule for Central Government


    @vinayakj
    Majority of the States follow / enforce rules framed under Destruction of Records Act, 1917 ( Central Act) (Except Kerala which has its own act). If necessary, you can file an RTI to get a copy of the rules framed by the competent authority and enforced in the said public authority, so that you will get an idea of the procedure regarding the destruction of records.

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