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State of Rajasthan - Section

Section 376 in The General Rules (Civil), 1986

376. Weeding of Correspondence.

(1)The papers of closed files in the office of the District Court and the Courts subordinate to it shall be weeded as follows:-Reminders and office memoranda which are unnecessary for the understanding of the file and are not likely to serve any immediate separate purpose shall be destroyed when the file is closed.
(2)Correspondence on or relating to the following subjects shall be retained for a period of one year from 1st January of the year succeeding that in which the file is closed:-
(i)Medical examination of ministerial officers.
(ii)Leave, transfer and certificate of transfer of charge of ministerial officers (These are to be retained for one year after entry in the service book).
(iii)Verification of securities of public accountants and officials (These are to be retained for one year after the next verification).
(iv)Contingent bills.
(v)Change of office hours.
(3)The following correspondence or correspondence on or relating to the following subject shall be retained for a period of two years from 1st January of the year succeeding that in which the file is closed.
(i)Explanation of delay and letters calling for them.
(ii)Overing dockets and letter on mere matters of routine such as those returning enclosures, etc., including those sent to and received from the High Court concerning the grant of certificates to Legal practitioners under Act XVIII of 1879.
(iii)Explanation called for by the High Court on quarterly and annual statements.
(iv)Periodical returns and reports.
(v)Service and execution of processes of other courts.
(vi)Questions of practice and procedure, which have been subsequently settled by published rules of the High Court.
(vii)Assessors.
(viii)Impounding of documents and also relating to fines and penalties.
(ix)Printing and adjustment of charges.
(x)Accountant Generals objections on the establishment return.
(xi)Transmission of records.
(xii)Entertainment of temporary extra copyists and weeders on temporary record-room establishment.
(xiii)Civil and Criminal annual reports.
(xiv)The preparation of list of legal practitioners willing to execute commissions.
(xv)The judicial calendar and holidays not specified therein.
(xvi)The supply of repayment order books.
(xvii)Process serving establishment.
(xviii)Correction of deposit accounts and lapsed deposit accounts.
(xix)Cases transferred by order of the High Court.
(xx)Reconciling of discrepancies in sale commission free return.
(xxi)Plus and minus memorandum of civil court deposits and objection of Accountant General regarding deposit accounts.
(xxii)Appointment of, retirement of or grant of pensions to, officials who are dead.
This rule refers only to correspondence and not to periodical returns or reports themselves.
(4)The following correspondence or correspondence on or relating to the following subjects shall be retained for a period of three years from 1st January of the year succeeding that in which the file is closed:-
(i)Appointment.-In the case of temporary establishment. (The period of retention of the correspondence relating to appointment in the case of permanent establishments is thirty five years.)
N.B.-Care shall be taken to return all original testimonials to the applicant.
(ii)Transfer, posting, charge, leave, drawing fresh increment of pay and last pay certificates of gazetted officers.
(iii)Indents for printed forms, stationery and additional copies of circulars.
(iv)Gratuities to ministerial officers (but the sanctioning order should be retained for twenty five years from the date of retirement of the pensioner or for three years from the date of his death whichever is earlier.)
(v)Verification of services of ministerial officers.
(5)The following correspondence or correspondence on or relating to the following subjects shall be retained for period of five years from 1st January of the year succeeding that in which the file is closed:-
(i)The distribution of territorial jurisdiction of Civil Courts.
(ii)Budgets.
(iii)Applications for additional grants.
(iv)Powers of officers.
(v)The annual vacation and arrangement of work during the vacation.
(vi)Payment of rent of buildings secured for court houses.
(vii)Travelling allowance bill books.
(6)The Correspondence on or relating to salary bills of gazetted officers should be retained for six years from 1st January of the year succeeding that is which the file is closed.
(7)The following papers shall be retained for ten years, computed from 1st January of the year succeeding that in which the correspondence relating to them was weeded:-
(i)Estimate of Budgets.
(ii)Annual reports (Civil and Criminal) and returns.
(iii)Inspection notes, the High Court's order thereof on, and correspondence relating thereto.
(8)Correspondence on the following subjects shall be retained until the Presiding Officer orders their destructions;
(i)Correspondence relating to pensions.
(ii)Complaints against officials and correspondence relating thereto, if containing papers likely to be required by the Accountant General when application is made for pension or gratuity.
(iii)Correspondence relating to books, maps, furnitures and repairs of Court Houses.
Note.-1. The Presiding Officer shall ordinarily order the destruction of records (i) and (ii) when there remains no possibility of the papers being required to answer a reference of the Accountant General. Ordinarily, in the case of (i) the sanctioning order shall be retained for twenty five years from the date of retirement of the pensioner or for three years from the date of his death whichever is earlier and the other correspondence should be destroyed after three years. The correspondence relating to (ii) shall ordinarily be destroyed after the official has died or retired or has been removed.