Destruction of Record Act, 1917
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THE DESTRUCTION OF RECORDS ACT 1917
THE SCHEDULE
THE DESTRUCTION OF RECORDS ACT 1917 1ACT NO. V OF 1917 [28th February, 1917] An Act 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.
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 :___
Section 1. Short title
This Act may be called the Destruction of Records Act, 1917.
2. [Definitions] Rep. by the A.O., 1937.
Section 3. Power to certain authorities to make rules for disposal of documents
(1) The authorities hereinafter specified may, from time to time, make rules2 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-authority3 ; and
(c) in the case of documents in the possession or custody of any other public officer,___ 4[(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 5[Federal Government] or an officer specially authorised in that behalf by that Government.]
6[(3) Rules made under this section by any High Court or by a Chief Controlling Revenue-authority3 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 5[Federal Government] shall be subject to the previous approval of the 5[Federal Government]].
1For 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.
2For the Income-tax Appellate Tribunal (Destruction of Record Rules, 1960 see Gazette of Pakistan 1960, Pt. I, pp. 330-331. 3For definition of Chief Controlling Revenue-authority, formerly included in s. 2, see now the General Clauses Act, 1897 (10 of 1897), s. 3 (9a).
4Subs by A. O., 1937, for the L. G ., or any officer specially authorized in that behalf by the L.G.”,.
5Subs. by F.A.O., 1975, Art, 2 and Table for “Central Government”.
6Subs. ibid., for the original sub-section (3)
Section 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 1[Provincial Government], or with the approval of the 1[Provincial Government] by any authority not empowered to make such rules under the Destruction of Records Act, 1879 (III 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.
Section 5. Saving of certain documents
Nothing in this Act shall be deemed to authorise the destruction of any document which, under the provisions of any law for the time being in force, is to be kept and maintained.
Section 6. [Repeals
] : [Rep. by the Repealing Act, 1927 (XII of 1927)]. THE SCHEDULE [Repeal of Enactments.] Rep. by the Repealing Act, 1927 (Xll of 1927), s. 2 and Schedule.
___________
Date: 11-09-2024
1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
Print contents from the source
CONTENTS 1. Short title 2. [Definitions.] 3. Power to certain authorities to make rules for disposal of documents 4. Validation of former rules for disposal of documents 5. Saving of certain documents 6. [Repeals.]
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Page 1 of 3 THE DESTRUCTION OF RECORDS ACT 1917 CONTENTS 1. Short title 2. [Definitions.] 3. Power to certain authorities to make rules for disposal of documents 4. Validation of former rules for disposal of documents 5. Saving of certain documents 6. [Repeals.] THE SCHEDULE Page 2 of 3 THE DESTRUCTION OF RECORDS ACT 1917 1ACT NO. V OF 1917 [28th February, 1917] An Act 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. 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 rules2 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-authority3 ; and (c) in the case of documents in the possession or custody of any other public officer,___ 4[(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 5[Federal Government] or an officer specially authorised in that behalf by that Government.] 6[(3) Rules made under this section by any High Court or by a Chief Controlling Revenue-authority3 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 5[Federal Government] shal l be subject to the previous approval of the 5[Federal Government]]. 1For 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. 2For the Income-tax Appellate Tribunal (Destruction of Record Rules, 1960 see Gazette of Pakistan 1960, Pt. I, pp. 330-331. 3For definition of Chief Controlling Revenue-authority, formerly included in s. 2, see now the General Clauses Act, 1897 (10 of 1897), s. 3 (9a). 4Subs by A. O., 1937, for the L. G ., or any officer specially authorized in that behalf by the L.G.”,. 5Subs. by F.A.O., 1975, Art, 2 and Table for “Central Government”. 6Subs. ibid., for the original sub-section (3) Page 3 of 3 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 1[Provincial Government], or with the approval of the 1[Provincial Government] by any authority not empowered to make such rules under the Destruction of Records Act, 1879 (III 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 authorise 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 Act, 1927 (Xll of 1927), s. 2 and Schedule. ___________ Date: 11-09-2024 1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
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