'File 16/2 Office Instructions and Orders' [‎55r] (115/212)

fohelon and potmeat bepaktweni 1 .
notification.
Simla, the 10th August, 1915.
No. 1367-G. ^ ith reference to the notification of the Government of India, in the
Po'eigu Department, No. 1606 ..G., dated the 2 :)th July, 1910, the following revised section of
the ioiitioal Department Memorial Rules is published for general information :
II.—M E MOEIALS, ETC , ADDRESSED TO HlS MAJESTY THE K TNG- e MPEIIOR OF INDIA, OR TO THE
Secretary of State for India.
1. Every memorial must be submitted to the Political Officer of the State within whose
jurisdiction the subject matter has arisen, accompanied by a copy of the order appealed against
and by a letter requesting its transmission to the authority to which it is addressed.
2. Memorials tray be transmitted either in manuscript or in print, but must, with all
document?, -be properly authenticated by the signature of the memorialist on
each sbeet.
3. Subject to the exceptions hereinafter contained, every memorial received which con
forms to the above rules should be forwarded by the Political Officer through the usual official
—^annel with a concise statement of material facts, and, unless there be special reasons to the
contrary, an expression of opinion.
4. Memorials, together with their accompanying documents, should be in English. If the
accompanying documents must necesssarily be forwarded in the vernacular, an English trans
lation should be appended, which should be attested by the signature of the memorialist on each
sheet.
N• B-—The transmitting officer should examine such translations, and if they are found
to be incorrect or faulty, notice the fact in sending on the memorial.
5. Every memorial should be accompanied by copies of all the orders passed in the case
by the authorities who have dealt with it in India.
6. Local Governments, Administrations, and Political* Officers in direct subordination
to the Foreign and Political Department of the Governim-nt t f India are vested with dis-
- cretionary power to withhold memorials addressed to His Majesty or to the
State in the following cases
Secretary of
— (1) When the memorial is illegible or unintelligible.
(2) When the memorial contains language which, in the opinion of the authority who
would otherwise forward it, is disloyal, disrespectful, or improper. '
(3) When a previous petition of the memorialist (which term includes a rejoinder sub-
mitted by the memorialist in answer to a previous petition of some other party)
has been disposed of by the Secretary of State, and the petition discloses no
- new facts or circumstances which afford grounds for a reconsideration of the case.
(4,) When the memorialist has not previously appealed to the Government of India (or
the Government of Madras From 1684-1858, the East India Company’s administration in the city of Madras [Chennai] and southern India. From 1858-1947, a subdivision of the British Raj. , Bombay or Bengal, as the case may be) and
received the decision of the Governor General (or Governor) in Council upon
•x it. | f | i yj -r.
(5) When the memorial is an appeal preferred more than six months after the date on
which the memorialist was informed of the orders against which he appeals
provided that the Local Government, Administration, or Political Officer as
the case may be, may, at their or his discretion, extend the period to twelve
months, if the delay will facilitate a settlement of the dispute, or other o-ood
cause is shown. 0
(6) When the memorial refers to matters in which the memorialist is not personally
interested.
(7) When the memorial is in effect an appeal in a boundary case between Native
' States in which the decision, original or appellate, of the Political Officer has
been passed after enquiry on the spot and confirmed on appeal by the Local
Government, Local Administration or the Government of India, as the case
may be.
(8) Cases which turn entirely on questions of fact, where the Political Officer and Local
Government or Local Administration are in agreement.
- 7. Provided they do not contravene the conditions sf.cified in the preceding section,
memorials which^re appeals against orders passed by thc'urovernor-General in Council (or
Governor in Council in Madras, Bombay or Bengal, as the case may be) in the exercise of
• Political Officers who are not Heads of Local Administrations may uot exercise discretiouarv Dower lo with-,
bold memoriala of the kind referred to in clauses (7) and (8) of Rule 6. .