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DESTRUCTION OF RECORDS ACT, 1917
5 of 1917
28th February, 1917.
"In present conditions documents are required to be placed in the custody of Government officers under a large number of enactments. In many of these Acts no provision exists for the destruction of such of them as have become valueless. For example, there is no provision for the destruction of documents lodged with the Registrar of Joint Stock Companies under
the Registration of Societies Act, 1860,the Provident Insurance Societies Act, 1912,the Indian Life Assurance Companies Act, 1912, and the Indian Companies Act, 1913; nor could such papers be dealt with under the Destruction of Records Act, 1879, as it stands. It is accordingly proposed to repeal and re-enact the Act of 1879 so as to make it conform to modern requirements. The principal feature of the draft Bill is that it empowers certain authorities to frame rules for the disposal by destruction or otherwise of documents which they may consider not of sufficient public value to justify preservation, and provides for the delegation to subordinate officers of the rule-making powers vested in the Local Government. The rule-making powers already vested in the High Courts and the Chief Controlling Revenue authorities by Act 3 of 1879 will not be affected by this Bill. To avoid overlapping, it is proposed to repeal the provisions of the enactments mentioned in the Schedule."- Gazette of India, 1917, part V, p.2.
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 :- This Act has been declared to be in force in the Khondmals District by
Section 3 of the Khondmals Laws Regulation, 1936 (4 of 1936),and Schedule; and in the Angul District bySection 3 of the Angul Laws Regulation, 1936 (5 of 1936)and Schedule, Regn. 5 of 1966 has been repealed by Ori. Act 19 of 1967 and Angul is now a sub-division of Dhenkanal district in Orissa. Khondmals is a part of Orissa. This Act has been extended to the new Provinces and Merged States bySection 3 of the Merged States (Laws) Act, 1949 (59 of 1949), (1-1-1950) and to the Union Territories of Manipur and Tripura bySection 3 of the Union Territories (Laws) Act, 1950 (30 of 1950), (16-4-1950). Manipur and Tripura are now Slates -See Act 81 of 1971, but Vindhya Pradesh to which also this Act was extended by Act 30 of 1950 now forms part of the Madhya Pradesh State - See Act 37 of 1956,Section 9(1)(e). Act was partially extended to Berar by Act 4 of 1941. Berar now forms part of Maharashtra State. It has now been extended to the Union Territories of- (1) Goa, Daman and Diu by Regn. 12 of 1962 (with effect from 1-2-1965); Goa is now a State (See Act 18 of 1987, S. 3.) (2) Pondicherry by Act 26 of 1968, (with effect from 18-12-1968); (3) Laccadive, Minicoy and Amindivi Islands (now known as Lakshadweep Islands) by Regn. 8 of 1965. The Act is extended to the States merged in the States of- Bombay: Bom. Act 4 of 1950. Madhya Pradesh : M. P. Act 12 of 1950. Punjab : Punj. Act 5 of 1950. Tamil Nadu : T. N. Act 22 of 1957. The Act as in Mahakoshal region has now been extended to the whole State of Madhya Pradesh by M. P. Act 21 of 1965 (15-2-1966). Similarly, Act as prevailing in Bombay and Madras areas and the Coorg District has been extended to the whole State of Mysore by Mysore Act 3 of 1963 ( 17-1 -1963). Act as in Andhra area of the State has been extended to the territories transferred to Andhra Pradesh by Andhra Pradesh Act 3 of 1962 (7-2-1962). This Act has been extended to transferred territories in the State of Tamil Nadu by Tamil Nadu Act 22 of 1957.
SECTION 01: SHORT TITLE, EXTENT
This Act may be called thethe Destruction of Records Act, 19171[It extends to the whole of India except2[the territories which immediately before the 1st November, 1956 were comprised in Part B States.].]
SECTION 02: DEFINITIONS
[Repealed by A.O., 1937.]
SECTION 03: POWER TO CERTAIN AUTHORITIES TO MAKE RULES FOR DISPOSAL OF DOCUMENTS
[(3) Rules made under this section by any High Court or by a Chief Controlling Revenue authority3or by an officer specially authorized in that behalf by any5[State Government] shall besubject to the previous approval of the5[State Government]; and rules made by an officer specially authorized7in that behalf by the Central Government shall be subject to the previous approval of the Central Government.]
SECTION 04: VALIDATION OF FORMER RULES FOR DISPOSAL OF DOCUMENTS
All rules and orders directing or authorizing the destruction or other disposal of documents in the possession or custody of any public officer, heretofore made by8[State Government], or with the approval of the8[State Government] by any authority not empowered to make such rules underthe Destruction of Records Act, 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 suprseded by rules made under this act.
SECTION 05: 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.
SECTION 06: REPEALS
[Repealed by the Repealing Act, 1927 (12 of 1927).]
SCHEDULE 01: REPEALS OF ENACTMENTS
. [Repealed by the Repealing Act, 1927 (12 of 1927), S. 2 and Schedule.]
Footnotes:
1. Inserted by A.L.O., 1950.
2. Substituted for "Part B States" by 3 A.L.O., 1956.
3. For definition of Chief Controlling Revenue Authority, formerly included in S. 2, see now the General Clauses Act, 1897 (10 of 1897), Section 3(10).
5. Substituted for "Province" and "Provincial Governnment" by A.L.O., 1950.
6. Substituted for original sub-section by A.0., 1937.
7. For Disposal of Records (in the Offices of Registrars of Companies) Rules, 1957, see Gazette of India, 1957, Pt. II, S. 3, p. 1839 (amended by G.S.R. 356 of 1962) and for Destruction of Records (Public Debt Office) Rules, 1959, see Gazette of India, 1-8-1959, Pt. II, S. 3(ii), p. 1866. For Central Administrative Tribunal (Destruction of Recods) Rules, 1990-See Gaz. of Ind., 20-12-90, Pt. II, S. 3(ii), p. 5639.
8. Substituted for 'Provincial Government' by A.L.0., 1950
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