1. Short title, extent and commencement.
2. Omitted
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.

The Destruction of Records Act, 1977 (1920 A.D.)

Act No. 12 of 1977

JK232

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[Sanctioned by His Highness the Maharaja Sahib Bahadur per Chief Minister’s endorsement No. 8372, dated 11th September, 1920 read with State Council Resolution No. 1, date 8th April, 1925. (Notification No. 14-L/81)]

 

LEGISLATIVE HISTORY 6

 

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 officer; it is hereby enacted as follows:-

1. Short title, extent and commencement. – (1) This Act may be called the Destruction of Records Act, 1977.

(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

2. Omitted.

3. Power to certain authorities to make rules for disposal of documents. – (1) The authorities hereinafter specified may, from time to time, make rules 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 the High 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 [Government or any Officer specifically authorised in this behalf by the Government]: and

(c) in the case of documents in the possession or custody of any other public officer-

[the government] or any officer specially authorised in that behalf by [the Government].

(3) Rules made under this section [by any authority other than the Government] shall be subject to the previous approval of that [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 in force, 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.