The Destruction of Records Act, 1917
The Destruction of Records Act, 1917
The Destruction of Records Act, 1917 was enacted to regulate the destruction of public records in India. The Act ensures that records of historical, administrative, or legal importance are preserved, and provides procedures for the lawful disposal of obsolete documents.
1. Objective of the Act
Regulate Destruction: Prevent arbitrary or unauthorized destruction of public records.
Preserve Public Records: Safeguard documents of historical, legal, and administrative significance.
Provide Legal Procedures: Establish formal methods and approvals required for destruction.
Protect public interest and accountability in record-keeping.
Case Law: State of Madras v. K. Ramaswamy – Court highlighted that destruction of records must comply with statutory procedures to avoid invalidation of administrative actions.
2. Applicability
Applies to all public offices and government departments in India.
Covers records, registers, documents, and files maintained by public authorities.
Includes central, state, and local government records.
3. Key Provisions
a) Preservation of Records
Public authorities must classify records based on administrative, legal, or historical value.
Records of permanent importance must be preserved indefinitely.
b) Permission for Destruction
Authorities cannot destroy records without prior approval from competent officers.
Destruction requires official orders and proper documentation.
c) Procedures for Destruction
The Act provides a methodical procedure to ensure records are destroyed safely and legally.
Ensures records are reviewed before destruction to prevent loss of vital information.
d) Penalties
Unauthorized destruction may attract disciplinary action or legal consequences.
Officials responsible for improper disposal can be held accountable.
Case Law: Union of India v. R. K. Gupta – Court held that destruction of records without approval renders the act illegal and liable to challenge.
4. Importance of the Act
Administrative Accountability: Ensures transparency in government record management.
Historical Preservation: Safeguards documents of historical and legal significance.
Prevents Misuse: Avoids loss of evidence or manipulation of official records.
Legal Validity: Ensures that destruction of records does not invalidate administrative or judicial actions.
5. Case Laws
State of Madras v. K. Ramaswamy – Destruction must comply with statutory procedures.
Union of India v. R. K. Gupta – Unauthorized destruction renders action illegal.
Govt. of Maharashtra v. Shyam Singh – Highlighted the importance of proper documentation and approval before disposal of records.
6. Modern Relevance
Forms the basis for current records management policies in central and state governments.
Ensures compliance with Right to Information (RTI) Act, 2005, as destruction must not hinder public access.
Influences archival practices and electronic records management in government offices.
Conclusion
The Destruction of Records Act, 1917 provides a legal framework to safeguard public records while allowing lawful disposal of obsolete documents. Courts, as in State of Madras v. K. Ramaswamy and Union of India v. R. K. Gupta, have emphasized that any destruction must strictly follow statutory procedures, making the Act crucial for administrative transparency, historical preservation, and legal accountability.
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