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‘File 16/3 Miscellaneous. Memorials and messages submitted to the Government of India and his Majesty’ [‎16r] (31/110)

The record is made up of 1 file (52 folios). It was created in 10 Dec 1917-22 Jul 1946. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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3
6. Loca] Governments, Administrations, and Political* Officers in direct subordination
oo the loreign and Political Department of the Government of India are vested with dis
cretionary power to withhold memorials addressed to His Majesty or to the Secretary of
State in Council in the following cases: —
(1) When the memorial is illegible or unintelligible.
(2) W hen the memorial contains language which, in the opinion of the authority who
would otherwise forward it, is disloyal, disrespectful, or improper.
(3) W hen 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 in Council and the
petition discloses no new facts or circumstances which afford grounds for a
reconsideration of the case.
(4) W 7 hen the memorialist has not previously appealed to the Governor-General in
Council (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 it.
(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.
(0) 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 Indian
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 specified in the preceding section,
memorials which are appeals against orders passed by the Governor-General in Council (or
Governor in Couno’l in Madras, Bombay or Bengal, as the case may be) in the exercise of
political control in territories not included in British India, shall be forwarded, except in the
following cases in which a discretionary power tb withhold the memorials may be
exercised: —
(1) When the order appealed against has been passed by the Governor-General in
Council 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), as a recognised Court of Appeal in regard to a judgment or order of any
Court of civil or criminal jurisdiction established 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 Gov
ernor-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.
(3) When the order appealed against is a mere refusal to interfere in a matter of
purely internal policy with the action or orders of the Buler of an Indian
State, of which the memorialist is a subject: provided that the State is one
in which it is not custom'ary for the British Government to intervene in
matters of internal policy, and that the matter complained of does not dis
close a state of misrule so gross that the Paramount Power would be called
upon to interfere.
J 5 —This rule applies to a temporary administration established in an Indian State
by the Governor-General in Council when the temporary Administration ’fl
appointed to exercise the same powers and occupy the same position as the
State Administration which it supersedes.
Nate {]). —Memorials which are analogous to applications under Chapter XXIX of
the Criminal Procedure Code, provided that they do not contravene the con
ditions specified in section 6 above, must be transmitted.
(2) Memorials which contain a prayer for the exercise of the prerogative of pardon
must be transmitted by the Governments of Madras, Bombay and Bengal
to the Governor-General in Council who will transmit them to the Secretary
of State for India in Council unless the Governor-General thinks fit to grant the
prayer in virtue of his authority to exercise this prerogative on His Majesty’s
* Political Officers who are not Heads of Local Administrations may not exercise discretionary power to
withhold memorials of the kind referred to in clauses (7) and (8) of Rule 6.

About this item

Content

Copies of revised and reissued Government memoranda and official notifications, outlining procedures to be followed in the submission, receipt and transmission of memorials and petitions to the King and to the Governor General in Council. The instructions are distributed by the Government of India, and received by the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. in Bahrain via the Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . The instructions include details of: acknowledgement of memorials, dependent on whether the sender is entitled to an eleven-gun salute; form and manner of petitions; method of submission of petitions; circumstances under with a petition may be withheld; transmission of memorials and petitions by provincial governments.

Extent and format
1 file (52 folios)
Arrangement

The file’s contents are arranged in approximate chronological order, from the earliest item at the front to the latest at the end. The file notes at the end of the file (f 53) mirror the chronological arrangement, but only cover that portion of the file’s correspondence dated 1939-1946.

Physical characteristics

Foliation: the foliation sequence commences at the front cover with 1 and terminates at the inside back cover with 54; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

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English in Latin script
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‘File 16/3 Miscellaneous. Memorials and messages submitted to the Government of India and his Majesty’ [‎16r] (31/110), British Library: India Office Records and Private Papers, IOR/R/15/2/1496, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100027017587.0x000020> [accessed 29 March 2024]

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