Instrument of Accession, 1947
the Indian Independence Act, 1947 provides that as from the fifteenth
day of August, 1947 there shall be set up an Independent Dominion known
as INDIA, and that the Government of India Act, 1935 shall with such
omissions, additions, adaptations and modification as the Governor-General
may by order specify to be applicable to the Dominion of India.
And whereas the government of India act, 1935 as so adapted by the
Governor-General provides that an Indian state may accede to the dominion
of India by an Instrument of Accession executed by the ruler thereof.
Now therefore I, Kanchan Prabha Devi, Maharani Regent of Tripura state
in the exercise of my sovereignty in and over my said State do hereby
execute this my Instrument of Accession and I hereby declare that I
accede to the Dominion of India with the intent that the Governor-General
of India, the Dominion legislature, the Federal Court and other Dominion
authority established for the purposes of the Dominion shall, by virtue
of this my Instrument of Accession but subject always to the terms thereof,
and for the purposes only of the Dominion exercise in relation to the
State of TRIPURA (hereinafter referred to as 'the State') such functions
as may be vested in them by or under the Government of India Act, 1935,
as in force in the Dominion of India on the 15th day of August, 1947
(which Act as so in force is hereinafter referred to as 'the Act'),
and I further declare that the Dominion of India may, through such agency
or agencies and in such manner, as it thinks fit exercise in relation
to the administration of civil and criminal justice in this State all
such powers, authorities and jurisdiction as were at any time exercisable
by His Majesty's representative for the exercise of the functions of
the Crown in its relations with Indian States.
I hereby assume the obligation of ensuring that due effect is given
to the provisions of the Act within this State so far as they are
applicable therein by virtue of this my Instrument of Accession.
Without prejudice to the provisions of paragraph 1, I accept the
matters specified in the schedule hereto as the matters with respect
to which the Dominion Legislature may make laws for this State.
I hereby declare that I accede to the Dominion of India on the
assurance that if an agreement is made between the Governor-General
and the Ruler of this State whereby any function in relation to
the administration in this State of any law of dominion legislature
shall be exercised by the Ruler of this State, then any such agreement
shall be deemed to form part of this Instrument and shall be construed
and have effect accordingly.
The terms of this my Instrument of Accession shall not be varied
by any amendment of the Act or of the Indian Independence Act, 1947,
unless such amendment is accepted by me by an Instrument supplementary
to this Instrument.
Nothing in this Instrument shall empower the Dominion Legislature
to make any law for this State authorising the compulsory acquisition
of land for any purpose, but I hereby undertake that should the
Dominion for purpose of a Dominion law which applies in this State
deem it necessary to acquire any land, I will at their request provide
the land at their expense or if the land belongs to me transfer
it to them on such terms as may be agreed, or in default of agreement,
determined by an arbitrator to be appointed by the Chief justice
Nothing in this Instrument shall be deemed to commit me in any
way to acceptance of any future Constitution of India or to fetter
my discretion to enter into an arrangement with the Government of
India under any such future Constitution.
Nothing in this Instrument affects the continuance of my sovereignty
in and over this State, or save as provided by or under this Instrument,
the exercise of any owners, authority and rights now enjoyed by
me as Ruler of this State or the validity of any law at present
in force in this state.
I hereby declare that I have executed this Instrument on behalf
of this State and that any reference in this Instrument to me or
to the Ruler of the State is to be construed as including a reference
to my heirs and successors. Given under my hand this 13th day of
August, Nineteen hundred and forty - seven.
Sd/Kanchan Prabha Devi
Maharani Regent of Tripura
I do hereby accept this Instrument of Accession. Dated this 13th day
of August, Nineteen hundred and forty-seven.
Governor-General of India.
The matters with respect to which the Dominion legislature may make
laws for this State.
The naval, military and air force of the Dominion and any other
armed forces raised or maintained by the Dominion, any armed forces,
including forces raised or maintained by an Acceding state, which
are attached to, or operating with, any of the armed forces of the
Naval, military and air force works, administration of cantonment
Arms, Fire-arms, ammunition.
B. EXTERNAL AFFAIRS
External affairs, the implementing of treaties and agreements with
other countries, including the surrender of criminals and accused
persons to parts of His Majesty's Dominion outside India.
Admission into, and emigration and expulsion from, India, including
in relation thereto the regulation of the movements in India or
persons who are not British subjects domiciled in India or subjects
of any acceding State, pilgrimages to places beyond India.
Posts and Telegraphs, including telephone, wireless broadcasting
and other like forms of communication.
Federal railway, the regulation of all railways other than minor
railways in respect of safety, maximum and minimum rates and fares,
station and service terminal changes, interchange of traffic and
the responsibility of railways administrations as carrier of goods
and passengers, the regulation of minor railways in respect of safety
and responsibility of the administration of such railways as carriers
of goods and passengers.
Maritime shipping and navigation, including shipping and navigation
on tidal waters, admiralty jurisdiction.
Major ports, that is to say, the declaration and administration
of the ports, and the constitution and powers of port authorities
Aircraft and Air navigation, the provision of aerodromes regulation
and organization of Air traffic and of aerodromes.
Lighthouses, including lightships, beacons and other provisions
for the safety of shipping and aircraft.
Carriage of passengers and goods by sea or by air.
Extension of the powers and jurisdiction of members of the police
force belonging to any unit to railway area outside that unit.
Elections to the Dominion Legislature, subject to the provisions
of the Act and of any order made thereunder.
Offence against laws with respect to any of the aforesaid matters.
Inquiries and statistics for the purpose of any of the aforesaid
Jurisdiction and powers of all courts with respect to any of the
aforesaid matters, but except with the consent of the Ruler of the
acceding state, not so as to confer any Jurisdiction and powers
upon any courts other courts ordinarily exercising jurisdiction
in or in relation to that State.