DESTRUCTION OF VALUELESS DOCUMENTS ORDINANCE

Arrangement of Section

1. Short title.

2. Minister in charge of the subject of justice may bring any Court of Justice under the operation of this Ordinance.

3. Register of extant and missing records.

4. What documents are not to be destroyed.

5. What documents may be destroyed.

6. Responsibility of the Judge of each Court.

7. Extract from register to be evidence.

SCHEDULES

12 of 1894,

7 of 1905,

13 of 1905,

24 of 1930,

44 of 1973,

25 of 1975,

22 of 1977.

AN ORDINANCE to authorise the Destruction of Valueless Documents Preserved in Courts of Justice.

[Date of Commencement: 2nd January, 1895]

1. Short title.

This Ordinance may be cited as the Destruction of Valueless Documents Ordinance.

2. Minister in charge of the subject of Justice may bring any Court of Justice under the operation of this Ordinance.

It shall be lawful for the Minister in charge of the subject of Justice, by Order in that behalf made, to bring any Court of Justice in Sri Lanka under the operation of this Ordinance, and such Order to amend, alter, or revoke as and whenever the Minister in charge of the subject of Justice shall determine.

3. Register of extant and missing records.

Where an Order under section 2 has been made in respect of any Court of Justice, it shall be the duty of the officer presiding over it to cause to be prepared in duplicate a register of all the records of his court, extant and missing, according to the form 1 given in the First Schedule, and he shall certify to the correctness of such register.

4. What documents are not to be destroyed.

The different classes of documents enumerated in Part A of the Second Schedule shall not be destroyed, but the summonses, subpoenas, and other intermediate processes filed therein may be destroyed:

Provided that no such processes shall be destroyed except in cases which have been determined more than ten years previous to the date of destruction.

5. What documents may be destroyed.

The different classes of documents enumerated in Part B of the Second Schedule may be destroyed:

Provided that in regard to the money cases, cases relating to persons of unsound mind, and District Court criminal cases therein mentioned, the material particulars of each such case shall have been accurately abstracted and entered in a register as near as may be according to the forms II, III, and IV in the First Schedule;

Provided also that at least three months before the date fixed for such destruction it shall have been notified by order of court, within the jurisdiction of such court, by proclamation in court and beat of torn, printed notices, or advertisements in one or more local newspapers, that any person interested in any record may personally, by Attorney-at-Law, or by duly authenticated petition, claim, upon good cause shown, that such record may not be destroyed; in which event it shall be competent to the court to make such order thereon as to it shall seem meet.

6. Responsibility of the Judge of each Court.

The preservation and destruction of the documents of each court in terms of this Ordinance shall be carried out under the personal direction of the officer presiding over such Court.

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