Gujarat High Court Civil Manual (subordinate court practice), 1960
The following rules for the destruction of records are framed under section 3 of the Destruction of Records Act, V of 1917 : (1) A Files shall be preserved for ever. B Files shall be destroyed at the end of 30 years. C Files shall be destroyed at the end of 12 years. D Files shall be destroyed at the end of 3 years. (2) The above periods shall be calculated from the date of the final decree or order, which in cases in which appeal or revision applications are filed, will be that of the appellate or revisional Court. (3) Cumbrous and bulky exhibits, such as account books and the like, which cannot be conveniently kept with the record of the cases in which they have been used, but which have to be preserved separately e.g. in boxes and bundles, may be destroyed, under the orders of the District Judge, after the expiry of one year from the date of the final decision of the Court. In such cases one month's clear notice of the intended destruction shall be served, before the expiry of the said period, on the parties concerned or on their lawyers. (4) The work of destruction of records should be done regularly once a year preferably in the summer vacation. It is the duty of the members of the establishment in charge of the record room to sort out and destroy records. If assistance is necessary, clerks and bailiffs from any court at the District headquarter should be employed. (5) The destruction of useless records should be effected by tearing them into small pieces which should be disposed of according to the standing orders of Government issued from time to time. (6) The records of Election Tribunals constituted under section 86 of the Representation of Peoples Act, 1951, are to be sent to the District Judge of the District concerned. The District records of the trial of an election petition should ordinarily be preserved for a period of five years unless a longer period is fixed in any particular case by the Election Commission (Vide Election Commission letter No. 86/55/11578, dated 1st October 1955). (8) The following records shall be destroyed after a period of six years :— (1) Receipt Books for money deposited in the Mamlatdars' Treasury. (2) Account Books of postage stamps. (3) Office copies of contingent Bills and Travelling Allowance Bills. (4) Miscellaneous reports of Civil Judges to District Judges. (5) Office copies of Monthly, Half Yearly and Annual Returns of every description. (6) Office copies of Returns of unanswered letters (7) Post-books (tapai books). (8) Receipts of registered letters and Money-orders. (9) Lawyers' applications for leave etc. (10) Bailiffs' process serving and receipt book. (11) Applications for copies and translations. (12) Receipt books of documents given to section-writers to copy. (13) Counterfoils of Court Fee Refund Certificates. (14) Sine die lists. (15) The Diary of miscellaneous work. (16) Receipt books of documents returned to parties. (17) Muster rolls. (18) Statements of dead stock articles. (19) Fee account books kept under rules 4 and 7 (paragraph 505). (20) Statements relating to the Annual Report on the administration of civil justice. (21) Audit Notes and objections (not containing instructions for guidance) (from the date of receipt). (22) Office copies of replies or explanations to Audit Notes and objections (from the dates of such replies or explanations). (23) Letters from Superior Courts calling for reports or explanations and Office copies of the reports or explanations submitted to the Superior Courts (from the date of report or explanations). (24) Statements, depositions and other records of Departmental enquiries. (Other than reports of Enquiry Officers and final orders). (From the date of final order). (25) Correspondence and office copies of correspondence relating to administrative subjects such as buildings, accommodation, strength of staff etc. and miscellaneous correspondence. (From the date of disposal of the subject to which such correspondence relates). (9) Any other file or document not specially provided for, may be destroyed with the permission of the District Judge, after such period as he may determine. (10) Notwithstanding anything contained in the Rules above, the District Judge or the Civil Judge with the permission of the District Judge, may preserve the papers mentioned in subparagraphs 7 and 8 above for a longer time than that prescribed above if in his opinion it is necessary to do so.