INSTRUMENT OF ACCESSION, 1947

WHERAS, the Indian Independence Act, 1947 provides that as from the fifteenth day of August, 1947 there shall be set up an Independence Dominion known as INDIA, and the Government of India Act, 1935 shall with such omissions, additions, adaptations and modification 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, Kanchan Prabha Devi, Maharani Regent of Tripura State in exercise of my sovereignty in and over my said State do 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 other Dominion authority established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession but subject always to the term 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 the 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.

2. I hereby assume the obligation of ensuring that due to effect is given to the provisions of the Act within this State so far they are applicable wherein by virtue of this my Instrument of Accession.

3. Without prejudice to the provisions of paragraph 1, I accept the matters specified in the Scheduled hereto as the matters with respect to which the Dominion Legislature may make laws 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 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 construed and have effect accordingly.

5. The term of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independenct Act, 1947, unless such amendment is accepted by me by an Instrument supplementary to this Instrument.

6. 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 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 any arbitrator to be appointed by the Chief Justice of Delhi.

7. 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 in to arrangement 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 and execute this Instrument on behalf of this State and that any reference in this Instrument to 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 hendred and forty-seven.

                                                                                                 Sd/-Maharani 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.

                                                                                                                Sd/- Louis Mountbaten

                                                                                                               Governor-General of India

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SCHEDULE

The matter with respect to which the Dominion Legislature may make laws for this State

A. DEFENCE

1. The naval, military and air force of the Dominion and any other armed forces 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, including the surrender of criminals and accused persons to the parts of His Majesty's Dominion outside India.

2. Administration in to, 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.

3. Naturalization.

C. COMMUNICATION

1. Posts and Telegraphs, including telephone, wireless broadcasting and other like forms of communication.

2. 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 railway administrations as carriers 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.

3. Marine 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 administration of the ports, and constitution and powers of port authorities therein.

6. Aircraft and air navigation, the provision of aerodromes regulation and organisation of air traffic and aerodromes.

7. Light houses, 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. Offence against laws with respect any of the aforesaid matters.

3. Inquiries and statisics for the purpose 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 and powers upon any court or courts ordinarily exercising jurisdiction in or in relation to the State.

Source:-"Tripura Tenancy and Land Laws" First Edition - 2016 authored by Subhendu Dasgupta, B.A, L.L.B and forwarded by Mr. Justice Subhasis Talapatra, High Court of Tripura, Agartala.