Legal Framework for Record Destruction

THE DESTRUCTION OF RECORD ACT, 1917   The Destruction of Records Act, 1917, is a historical piece of legislation in Pakistan that dealt with the disposal and destruction of certain types of records, documents, or papers. This act aimed to provide a legal framework for the systematic and secure disposal of records that were no longer required for administrative or legal purposes. SECTIONS: Short title. Definitions. Power to certain authorities to make rules for disposal of documents. Validation of former rules for disposal of documents. Saving of certain documents. Repeal. SCHEDULE. Repeal of enactments 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 :__ Short title. This Act may be called the Destruction of Records Act, 1917. [Definitions] : Rep. by the A.O., 1937. 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 ; 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 Income­taxAppellate Tribunal (Destruction of Record Rules, 1960 see Gazette of Pakistan, 1960, Pt. I, pp. 330­331. Page 2 of 4 (b) in the case of documents in the possession or custody of Revenue Courts and officers,‑the Chief Controlling Revenue‑authority 1 ; and (c) in the case of documents in the possession or custody of any other public officer,‑ 2 [(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 3 [Federal Government] or an officer specially authorised in that behalf by that Government.] 4 [(3) Rules made under this section by any High Court or by a Chief Controlling Revenue‑authority 1 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 3 [Federal Government] shall be subject to the previous approval of the 3 [Federal Government]]. 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 5 [Provincial Government], or with the approval of the 5 [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. 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. [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.] 1For definition of Chief Controlling Revenue­authority, formerly included in s. 2, see now the General Clauses Act, 1897 (10 of 1897), s. 3 (9a). 2Subs by A. O., 1937, for “the L. G., or any officer specially authorized in that behalf by the L.G.”. 3Subs. By F.A.O., 1975, Art, 2 and Table for “Central Government”. 4Subs, ibid., for the originalsub­section (3) 5Subs, ibid., for “L.G”.   Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? 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