Updated: Saturday January 18, 2014/AsSabt
Rabi' Awwal 17, 1435/Sanivara
Pausa 28, 1935, at 06:59:06 PM
The Destruction of Records Act, 1917
(ACT NO. V OF 1917)
[28th February, 1917]
An Act to consolidate and amend the law providing or
the destruction or other disposal of certain documents in the possession or
custody of Courts and Revenue and other public officers
Preamble:
Whereas it is expedient to consolidate and amend the law providing for the
destruction or other disposal of certain documents in the possession or custody
of Courts and Revenue and other public officers:---
It is hereby enacted as follows:‑--
1. Short title :
This Act may be called the Destruction of Records Act, 1917.
2. Definitions:
[Rep. by the A.O., 1937.]
3. Power to certain authorities to make rules for
disposal of documents: (1) The
authorities hereinafter specified may, from time to time make rules for the
disposal, by destruction or otherwise, of such documents as are, in the opinion
of the authority making the rules, not of sufficient public value to justify
their preservation.
(2) The authorities shall be,---
(a) in the case of documents in the possession or
custody of a High Court or of the Courts of Civil or Criminal jurisdiction
subordinate thereto the High Court;
(b) in the case of documents in the possession or
custody of Revenue Courts and officers, the Chief Controlling Revenue
authority; and
1. For Statement of Objects and Reasons, see Gazette
of India, 1917, Pt. V, p. 2; and for Proceedings in Council, see Ibid, 1917,
Pt. VI, pp. 17 and 292.
(c) in the case of documents in the possession or
custody of any other public officer,‑--
(i) if the documents relate to purposes of a Province,
the Provincial Government or any officer specially authorised in that behalf by
that Government;
(ii) in any other case, the Federal Government or an
officer specially authorised in that behalf by that Government.
(3) Rules made under this section by any High Court or
by a Chief Controlling Revenue authority or by an officer specially authorised
in that behalf by any Provincial Government shall be subject to the previous
approval of the Provincial Government and rules made by an officer specially
authorised in that behalf by the Federal Government shall be subject to the
previous approval of the Federal Government.
4. Validation of former rules for disposal of
documents : All rules and orders directing
or authorising the destruction or other disposal of documents in the possession
or custody of any public officer, heretofore made by a Provincial Government,
or with the approval of the Provincial Government by any authority not
empowered to make such rules under the Destruction of Records Act, 1879 (111 of
1879) shall be deemed to have had the force of law from the date on which they
were made, and all such rules and orders now in force shall continue to have
the force of law until they are superseded by rules made under this Act.
5. Saving of certain documents: Nothing in this Act shall be deemed to authorize the
destruction of any document which, under the provisions of any law for the time
being in force, is to be kept and maintained.
6. Repeals:
[Rep. by the Repealing Act, 1927 (XII of 1927)].
THE SCHEDULE
Repeal of Enactments: [Rep. by the Repealing fact,
1927 (Xll of 1927), S. 2 and Schedule.]
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