Page 110 - Bengal Records Manual, 1943.doc

Compendium on Acts and Rules

332. Copies of public documents which applicants may have a right to inspect are never
Copies of
to be withheld from them oven though they may be used as evidence against the Gov- public
documents
ernment; but copies, whether certified or not, of written arguments, discussions, or when to be
withheld.
opinions of public officers written previously to a decision, as they can be no legal

evidence, and as no one has a right to inspect them, are not to be given. Copies of

correspondence on the subject of suits or proceedings pending in, or suspected to be

likely to be instituted in courts of justice are not to be granted without the permission of

Government. Collectors may, however, grant any copies of correspondence between the

several officers of Government on the subject of suits relating to estates, with the

previous sanction of the Divisional Commissioners. Copies of correspondence which has

passed between the Legal Remembrancer and the Commissioner or Collector may be

given with the sanction of the Legal Remembrancer.

A copy of a copy is to be granted only when good grounds are shown for not taking it

from the original, i.e., for not applying to the office where the original is kept. When

copies of copies are granted, it shall be expressly indicated on the copy that it has been

copied from a copy and not the original.

-

333. The clerical officer in charge of the department in which the document of which a Responsibility
copy is applied for is kept shall be held personally responsible for the observance of the of officers.

above rule. In every case in which there shall be any doubt as to the propriety of giving

the copy, such officer shall take the Collector's order on the subject before the document
is made over to the copyist or typist.

Copies of
334. (1) As a rule, in the case of orders, other than judicial, concerning an officer
orders to be
personally, only the substance of a decision should be communicated to him, with such given to which
concern him
statements of the grounds upon which it is based as may be necessary for his personally.

information and may be considered expedient having regard to the circumstances of the
case. The orders of the officer who gave the decision or of his successor should be

taken in each case as to how much is to be supplied.
(2) Despatches from or to the Secretary of State, and correspondence indicating" a
difference of opinion between the Local Government and the Government of India

should only be communicated with the express permission of the Government of India.

110