ASSEMBLY (LEGISLATURE) INSTRUMENTS OF ACCESSIO
OF STATES ACCEDING TO PAKISTAN
(Presented by the Honorable Minister for States
and Frontier Regions to the Constituent Assembly
(Legislature) on the 14th February 1949)
INSTRUMENT OF ACCESSION
WHEREAS the Indian Independence Act, 1947, provides
that as from the fifteen day of August, 1947,
there shell be set up an independent Dominion
known as Pakistan, and that the Government of
India Act, 1935, shall, with such omission, addition,
adaptations and modification as the Governor General
may be order specify, be applicable to the Dominion
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:
I, MAHABAT KHAN, Ruler, of Junagadh 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 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 purpose only of the Dominion,
exercise in relation to the State of JUNAGADH
(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 by 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
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
agreement shall be deemed to form part of this
Instrument and shall be construed and have effect
5. 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 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 Independence Act,
1947, unless such amendment is accepted by me
by an Instrument supplementary to this Instrument.
7. Nothing is the 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 agreements with the
Government of Pakistan under any such future constitution.
8. Nothing in this Instrument
effects 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 of 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 Fourteenth day of September,
Nineteen Hundred and Forty-Seven.
Ruler of Junagadh
I do hereby accept this Instrument of Accession.
Date this Fifteenth day of September, Nineteen
Hundred and Forty-Seven.
MUHAMMAD ALI JINNAH,
Governor General of Pakistan
The matters with respect to which the Dominion
Legislature may make laws for this State.
1. The Naval, Military and Air
force of the Dominion and any other armed Forced
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 he armed forces of the
2. Naval, Military and Air force
works, administration of Cantonment areas.
3. Arms; firearms; ammunition.
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
Dominion outside Pakistan.
2. Admission into, and emigration
and expulsion from Pakistan, including in relation
thereto the regulation of the movement in Pakistan,
or persons who are not British subjects domiciled
in Pakistan or Subjects of any Acceding State;
Pilgrimages to places beyond Pakistan.
1. Posts and telegraphs, including
trunk 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 service terminal charges, interchange
of traffic and the responsibility of railways
administrations as carries 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 and Tidal waters;
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
6. Aircraft and air navigation;
the provision of aerodromes; regulation and organization
of air traffic and of aerodromes.
7. Lighthouses, including light
ships, 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 railways area outside that unit.
1. Elections to the Dominion
Legislature, subject to the provisions of the
Act and of any Order made there under.
2. Offences against laws with
respect to any of the aforesaid matters.
3. Inquiries and statistics 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 or Powers upon any courts other than
courts ordinarily exercising jurisdiction in or
in relation to the State.