The Destruction of Records Act, 1917

This Act may be called the Destruction of Records Act, 1917. 1[It extends to the whole of India except 2[the territories which, immediately before the1st November, 1956, were comprised in Part B States].] STATE AMENDMENT Karnataka Amendment of section1 of Central Act V of 1917.--In section 1 of the principal Act,after the expression “except the territories Which immediately before the 1st November 1956were comprised in Part ‘B’ States”, the expression “other than the territories specified inclause (a) and clause (c) of sub-section (1) of section 7 of the States Reorganisation Act,1956 (Central Act 37 of 1956)” shall be added. [Vide Karnataka Act 3 of 1963, s. 3].

[Definitions.] Rep. by the A.O. 1937.

13. Power to certain authorities to make rules for disposal of documents.--(1) Theauthorities hereinafter specified may, from time to time, make rules for the disposal, bydestruction or otherwise, of such documents as ar e, in the opinion of the authority making therules, 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 theCourts of civil or criminal jurisdiction subordinate thereto,--the High Court; (b) in the case of documents in the possession or custody of Revenue Courts andofficers,--the Chief Controlling Revenue-authority5; and (c) in the case of documents in the possession or custo dy of any other publicofficer,-- 6[(i) if the documents relate to purposes of a State, the State Government or anyofficer specially authorized in that behalf by tha t Government; (ii) in any other case, the Central Government or an officer specially authorized in that behalfby that Government.] 7[(3) Rules made under this section by any High Court or by a Chief ControllingRevenue-authority or by an officer specially authorized in that behalf by any StateGovernment shall be subject to the previous approval of the State Government; and rulesmade by an officer specially authorized in that behalf by the Central Government shall besubject to the previous approval of the Central Government.]

All rules and ordersdirecting or authorising the destruction or other disposal of documents in the possession orcustody of any public officer, heretofore made by a State Government, or with the approvalof the State Government by any authority not empowered to make such rules under theDestruction of Records Act, 1879 (3 of 1879), shall be deemed to have had the force of lawfrom the date on which they were made, and all such rules and orders now in force shallcontinue to have the force of law until they are superseded by rules made under this Act.

Nothing in this Act shall be deemed to authorise thedestruction of any document which, under the provisions of any law for the time being in force,is to be kept and maintained.