‘File 16/3 Miscellaneous. Memorials and messages submitted to the Government of India and his Majesty’ [‎15r] (29/110)

FOREIGN AND POLITICAL DEPARTMENT MEMORIAL RULES
NOTIFICATION.
Simla, the 22nd Octol>er 1928.
No. 5S9-G.—In supersession of the notification of the Government of India in the
Foreign and Political Department No. 1367-G., dated the JUth August 1915, the following
revised Foreign and Political Department Memorial Rules are published for general informa
tion
1.-—MeMOKIALS, ETC., ADDIiESSED TO THE GOVERNOR-GENERAL IN COUNCIL.
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 may be transmitted either in manuscript or in print, but must, with all
accompanying documents, be properly authenticated by the signature of the memorialist cn
each sheet.
3. Subject to the exceptions hereinafter contained, every memorial received which
conforms to the above rules, should be forwarded by the Political Officer through the usual
official channel, 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 necessarily be forwarded in the vernacular, an English
translation should be appended, which should be attested by the signature of the memorialist
on each sheet.
N.B. — r l he transmitting officer should examine such translations and, if they are
found to be incorrect oi 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.
€ Local Governments, Administrations, and Political Officers in direct subordination
to the Foreign and Political Department of the Government of India are vested with dis
cretionary power to withhold memorials addressed to the Gove rnor-General in Council in
the following cases:
(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
submitted by the memorialist in answer to a previous petition of some other
party) has been disposed of by the Secretary of State for India in Council or
the Governor-General in Council, and the petition discloses no new facts or
circumstances which afford grounds for a reconsideration of the case.
(4) When the memorial relates to a matter which is within the competence of the
Local Government, Administration, or Political Officer to dispose of, and no
application has previously been made to such Government, Administration, or
Political Officer for redress.
(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 good cause is shown.
(6) When the memorial refers to matters in which the memorialist is not personally
interested.
7. Provided they do not contravene the conditions specified in the preceding section,
memorials which are appeals againstorders passed by Local Governments, Administrations,
and Political Officers in direct subordination to the Foreign and Political Department of
the Government of India, in the exercise of political control in territories net included in
British India, shall b^ forwarded, except in the following cases in which a discretionary
power to withhold the memorials may be exercised: —
(1) When the order appealed against has been passed by the Local Government,
Administration, or Political Officer as a recognised Court of Appeal in regard
to a judgment or order of any Court of civil or criminal jurisdiction estab
lished or continued by the Governor General in Council in such territories.
(2) When the order appealed against is a mere refusal to exercise political control in
regard to a judgment or order of any special court established by the Governor-
General in Council in such territories, from which court there is, by its
constitution, no appeal, though a general political control over it is declared
or understood to exist.