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:

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. 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 :__

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 ;

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]].

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

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.

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.]

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”.

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