White Paper on Indian States (1950)/Part 5/Centrally Merged States/Kutch
Kutch
118. Another important State which was taken over under Central administration was Kutch. This State has an area of 17,249 Sq. miles, of which 8,461 miles is inhabited by a population of a little over half a million. The remaining area is occupied by what is known as the Rann of Kutch which is covered by water during most part of the year. In view of the geographical situation of the State and the potentialities of this area, the development of which will require a considerable amount of money as well as technical assistance, which neither the State by itself nor the State of Saurashtra with which it was possible to integrate the State could provide, it was decided that the best solution for this State would be to treat it as a Centrally administered unit. An Agreement (Appendix XXIX) was accordingly signed by the Ruler on 4th May, 1948 and the administration was taken over by a Chief Commissioner on behalf of the Dominion Government on 1st June, 1949.
APPENDIX XXIX
KUTCH MERGER AGREEMENT
AGREEMENT MADE THIS Fourth day of May 1948 between the Governor General of India and His Highness the Maharao of Kutch.
WHEREAS in the best interests of the State of Kutch as well as of the Dominion of India it is desirable to provide for the administration of the said State by or under the authority of the Dominion Government;
AND WHEREAS His Highness the Maharao has accepted the advice given to him by the Dominion Government in this behalf;
IT IS HEREBY AGREED, as follows:—
Article 1
His Highness the Maharao of Kutch hereby cedes to the Dominion Government full and exclusive authority, jurisdiction and powers for and in relation to the governance of the State and agrees to transfer the administration of the State to the Dominion Government on the 1st day of June 1948 (hereinafter referred to as "the said day").
As from the said day the Dominion Government will be competent to exercise the said powers, authority and jurisdiction in such manner and through such agency as it may think fit.
Article 2
His Highness the Maharao shall continue to enjoy the same personal rights, privileges, dignities and titles which he would have enjoyed had this agreement not been made.
Article 3
His Highness the Maharao shall with effect from the said day be entitled to receive from the revenues of the State annually for his privy purse the sum of Eight Lakhs of rupees free of all taxes. This amount is intended to cover all the expenses of the Ruler and his family, including expenses on account of his personal staff, maintenance of his residences, marriages and other ceremonies, etc., and will neither be increased nor reduced for any reason whatsoever.
The Government of India undertakes that the said sum of rupees Eight Lakhs shall be paid to His Highness the Maharao in four equal instalments in advance at the beginning of each quarter from the State treasury or at such other treasury as may be specified by the Government of India.
Article 4
His Highness the Maharao shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the date of this agreement.
His Highness the Maharao will furnish to the Dominion Government before the 1st day of June 1948 an inventory of all the immovable property, securities and cash balance held by him as such private property.
If any dispute arises as to whether any item of property is the private property of His Highness the Maharao or State property, it shall be referred to a judicial officer qualified to be appointed as a High Court Judge, and the decision of that officer shall be final and binding on both parties.
Article 5
All the members of His Highness family including Her Highness the Maharani Saheba, the Rajmata, the Yuvaraja and the Yuvarani shall be entitled to all the personal privileges, dignities and titles enjoyed by them whether within or outside the territories of the State, immediately before the 15th day of August 1947.
Article 6
The Dominion Government guarantees the succession, according to law and custom, to the gadi of the State and to His Highness the Maharao's personal rights, privileges, dignities and titles.
Article 7
No enquiry shall be made by or under the authority of the Government of India, and no proceedings shall lie in any Court in Kutch, against His Highness the Maharao, whether in a personal capacity or otherwise, in respect of anything done or omitted to be done by him or under his authority during the period of his administration of that State.
Article 8
(1) The Government of India hereby guarantees either the continuance in service of the permanent members of the Public Services of Kutch on conditions which will be not less advantageous than those on which they were serving before the date on which the administration of Kutch is made over to the Government of India or the payment of reasonable compensation.
(2) The Government of India further guarantees the continuance of pensions and leave salaries sanctioned by His Highness the Maharao to members of the Public Services of the State who have retired or proceeded on leave preparatory to retirement, before the date on which the administration of Kutch is made over to the Government of India.
Article 9
Except with the previous sanction of the Government of India, no proceedings, civil or criminal, shall be instituted against any person in respect of any act done or purporting to be done in the execution of his duties as a servant of the State before the day on which the administration is made over to the Government of India.
In confirmation whereof Mr. Vapal Pangunni Menon, Secretary to the Government of India in the Ministry of States, has appended his signature on behalf and with the authority of the Governor-General of India and His Highness Maharaja Dhiraja Mirza Maharao Shri Madan Sinhji Sawai Bahadur, Maharao of Kutch has appended his signature on behalf of himself, his heirs and successors.
MADAN SINHJI,
Maharao of Kutch.
V. P. MENON,
Secretary to the Government of India,
Ministry of States.Dated New Delhi, the 4th May 1948.