INSTRUMENT OF ACCESSION
Instrument of Accession
executed by Maharajah Hari Singh on October 26, 1947
Whereas
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 modifications as
the Governor General may by order specify, 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 Shriman
Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari
Singhji, Jammu & Kashmir Naresh Tatha Tibbet adi
Deshadhipati, Ruler of Jammu & Kashmir State, in
the exercise of my Sovereignty in and over my said
State do hereby execute this my Instrument of
Accession and
1. 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 any 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 Jammu &
Kashmir (hereinafter referred to as "this
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 hereafter
referred to as "the Act').
2. I hereby assume the
obligation of ensuring that due effect is given to
provisions of the Act within this State so far as
they are applicable therein by virtue of this my
Instrument of Accession.
3. I accept the matters
specified in the schedule hereto as the matters with
respect to which the Dominion Legislature may make
law for this State.
4. 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
functions in relation to the administration in this
State of any law of the Dominion Legislature shall
be exercised by the Ruler of the State, then any
such agreement shall be construed and have effect
accordingly.
5. The terms of this my
Instrument of Accession shall not be varied by any
amendment of the Act or the Indian Independence Act,
1947, unless such amendment is accepted by me by
Instrument supplementary to this Instrument.
6. Nothing in this
Instrument shall empower the Dominion Legislature to
make any law for this State authorizing the
compulsory acquisition of land for any purpose, but
I hereby undertake that should the Dominion for the
purpose of a Dominion law which applies in this
State deem it necessary to acquire any land, I will
at their request acquire 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 of India.
7. Nothing in this
Instrument shall be deemed to commit in any way to
acceptance of any future constitution of India or to
fetter my discretion to enter into agreement with
the Government of India under any such future
constitution.
8. 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 powers,
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.
9. I hereby declare that I
execute 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 26th
day of October, nineteen hundred and forty seven.
Hari Singh
Maharajadhiraj of Jammu and
Kashmir State.
ACCEPTANCE OF ACCESSION BY
THE GOVERNOR GENERAL OF INDIA
I do hereby accept this
Instrument of Accession. Dated this twenty seventh day
of October, nineteen hundred and forty seven.
Mountbatten of
Burma
Governor General of India.
SCHEDULE OF INSTRUMENT OF
ACCESSION
THE MATTERS WITH RESPECT TO WHICH THE DOMINION LEGISLATURE
MAY MAKE LAWS FOR THIS STATE
A. Defence
1. The naval, military and
air forces 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 Dominion.
2. Naval, military and air
force works, administration of cantonment areas.
3. Arms, fire-arms,
ammunition.
4. Explosives.
B. External Affairs
1. External affairs; the
implementing of treaties and agreements with other
countries; extradition, including the surrender of
criminals and accused persons to parts of His
Majesty's Dominions outside India.
2. Admission into, and
emigration and expulsion from, India, including in
relation thereto the regulation of the movements in
India of persons who are not British subjects
domiciled in India or subjects of any acceding State;
pilgrimages to places beyond India.
3. Naturalisation.
C. Communications
1. Posts and telegraphs,
including telephones, wireless, broadcasting, and
other like forms of communication.
2. Federal railways; the
regulation of all railways other than minor railways
in respect of safety, maximum and minimum rates and
fares, station and services terminal charges,
interchange of traffic and the responsibility of
railway administrations as carriers of goods and
passengers; the regulation of minor railways in
respect of safety and the responsibility of the
administrations of such railways as carriers of goods
and passengers.
3. Maritime shipping and
navigation, including shipping and navigation on tidal
waters; Admiralty jurisdiction.
4. Port quarantine.
5. Major ports, that is to
say, the declaration and delimitation of such ports,
and the constitution and powers of Port Authorities
therein.
6. Aircraft and air
navigation; the provision of aerodromes; regulation
and organisation of air traffic and of aerodromes.
7. Lighthouses, including
lightships, beacons and other provisions for the
safety of shipping and aircraft.
8. Carriage of passengers and
goods by sea or by air.
9. Extension of the powers
and jurisdiction of members of the police force
belonging to any unit to railway area outside that
unit.
D. Ancillary
1. Election to the Dominion
Legislature, subject to the provisions of the Act and
of any Order made thereunder.
2. Offences against laws with
respect to any of the aforesaid matters.
3. Inquiries and statistics
for the purposes of any of the aforesaid matters.
4. 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 or powers upon any courts other than
courts ordinarily exercising jurisdiction in or in
relation to that State.
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