[Reader-list] INSTRUMENT OF ACCESSION OF KALAT STATE

Pawan Durani pawan.durani at gmail.com
Tue Mar 9 17:18:13 IST 2010


INSTRUMENT OF ACCESSION OF KALAT STATE
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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 PAKISTAN, 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
Pakistan;

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
Pakistan by an Instrument of Accession executed by the Ruler thereof:



NOW THEREFORE

I, His Highness Baglar Begi Khan of Kalat (signed) Ruler of Kalat State in,
the exercise of my sovereignt; 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 Pakistan with the
intent that the Governor-General of Pakistan, the Dominion Legislature, the
Supreme 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 Dominion,
exercise 1n relation to the State of Kalat (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 Pakistan on the 15th day
of August 1947 (which Act as so in force is hereinafter referred to as “the
Act”).

2. 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.

3. 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.

4. I hereby declare that I accede to the Dominion of Pakistan 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 this State, then any such agreement shall be deemed to form
part of this Instrument and shall be construed end have effect accordingly.

5. 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 the
purposes 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 Pakistan.

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

7. Nothing in this Instrument shall be deemed to commit me in any way to
acceptance of any future constitution of Pakistan or to fetter my discretion
to enter into arrangements with the Government of Pakistan 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 27th March 1948. Nineteen hundred and forty eight

Signed by: His Highness Baglar Begi Khan of Kalat

(Ruler of Kalat State)


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