White Paper on Indian States (1950)/Part 8/Exchange of Enclaves

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White Paper on Indian States (1950)
Ministry of States, Government of India
Exchange of Enclaves
2601093White Paper on Indian States (1950) — Exchange of EnclavesMinistry of States, Government of India

Exchange of Enclaves

182. The progress made in the direction of administrative unification of India rendered it possible to deal with the problem of the territorial enclaves. The existence of numerous small enclaves of States in Provincial territories and vice versa and of one State in the other, led to serious administrative difficulties specially in regard to the maintenance of law and order and the administration of various control measures in force in the Provinces and States concerned. In the interest of administrative efficiency it was considered essential that these small enclaves should be immediately merged in the Provinces/States in which they were situated and it was decided to effect the necessary territorial readjustments under the provisions of Sections 290, 290A and 290B of the Government of India Act, 1935.

Proposals for transfer and exchange were discussed in regional meetings of Governments of Provinces and States held for this purpose in Delhi. In most cases agreed settlements were reached in these meetings. In the remaining few cases tentative conclusions reached by the States Ministry after careful consideration of all the factors involved, were communicated to the Governments of Provinces and States concerned. These were finalised after further discussions between the Governments concerned and with the States Ministry. In a few cases certain small islands have not been transferred to the Province or State in which they are situated either because their assets would be materially diminished by such transfer or for other important administrative reasons. Large blocks of territories, even though forming enclaves of one unit in another, have not been exchanged or transferred.

The final decisions reached were implemented by means of two Orders (Appendices LI & LII) issued by the Governor-General and an Agreement (Appendix LIII) concluded between the Rajpramukhs of Madhya Bharat and Rajasthan with the approval of the Government of India. The two Orders are (1) The Provinces and States (Absorption of Enclaves) Order, 1550 and (2) The India and Hyderabad (Exchange of Enclaves) Order, 1950. The main provisions of these orders are that the enclaves will form part of the absorbing units, the laws of the surrendering units will be replaced by those of the absorbing units and the properties and assets as well as rights, obligations and liabilities in respect of the enclaves will pass on to the Government of the absorbing unit.

APPENDIX LI

S.O. 35

THE PROVINCES AND STATES (ABSORPTION OF ENCLAVES) ORDER, 1950.

WHEREAS certain small areas forming part of certain Provinces or Acceding States are surrounded by the territories of certain other Provinces or Acceding States;

AND WHEREAS it is expedient that these enclaves should be included, in and form part of, the Provinces or Acceding States by the territories of which they are surrounded;

AND WHEREAS the Central Government has full and exclusive authority, jurisdiction and powers for, and in relation to, the governance of the enclaves forming part of the Acceding States;

AND WHEREAS in accordance with the provisions of Sections 290, 290A and 290B of the Government of India Act, 1935 the Governor-General has ascertained the views of the Governments of the Provinces concerned both with respect to the proposal to make the Order and with respect to the provisions to be inserted therein;

NOW THEREFORE, in exercise of the powers conferred on him by the said sections and of all other powers enabling him in that behalf, the Governor-General is pleased to make the following Order:—

1. (1) This Order may be cited as the Provinces and States (Absorption of Enclaves) Order, 1950.

(2) It shall come into force on the twenty-fifth day of January, 1950.

2. In this Order,—

(a) "appointed day" means the date of the commencement of this Order;
(b) "enclave" means any area specified as such in any of the Schedules to this Order;
(c) "unit" means a Governor’s Province, a Chief Commissioner’s Province or an Acceding State specified in any of the Schedules to this Order;
(d) "surrendering unit" and "absorbing unit", in relation to an enclave specified in a Schedule mean, respectively, the units specified as such above that enclave in that Schedule;
(e) "Schedule" means a Schedule to this Order.

3. (1) As from the appointed day, every enclave specified in the First Schedule shall cease to form part of the surrendering unit, and shall be included in, and form part of, the absorbing unit.

(2) The boundaries of each of the surrendering units specified in the First Schedule shall be so altered as to exclude from them the enclaves therein specified under it; and the boundaries of each of the absorbing units therein specified shall be so altered as to comprise within them the enclaves therein specified under it.

4. As from the appointed day,—

(a) every enclave specified in the Second Schedule shall cease to form part of the surrendering unit, and the boundaries of that unit shall be so altered as to exclude from them that enclave; and
(b) every such enclave shall be administered in all respects by the absorbing unit as if it formed part of that unit.

5. As from the appointed day every enclave specified in the Third Schedule shall be administered in all respects as if it formed part of the absorbing unit.

6. All property and assets within an enclave which, immediately before the appointed day, vested in the Government of the surrendering unit shall, as from that day, vest in the Government of the absorbing unit.

7. All rights, liabilities and obligations, whether arising out of a contract or otherwise, of the Government of a surrendering unit in relation to an enclave shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the Government of the absorbing unit.

8. All laws in force in an enclave immediately before the appointed day shall, as from that day, cease to be in force in that enclave, and all laws in force in the absorbing unit shall, as from that day, extend to, and be in force in, that enclave:

Provided that anything done or any action taken under the laws in force in the enclave before the appointed day shall be deemed to have been done or taken under the corresponding law extended to, and in force in, that enclave as from the appointed day.

Explanation:—In this article "law" includes any Act, Ordinance or Regulation, and any notification, order, schedule, rule, form or bye-law issued, made or prescribed under any Act, Ordinance or Regulation.

9. (1) The Government of each of the absorbing units shall, by order notified in the official Gazette, provide for the administration of the enclaves, either by constituting them or any part of them into one or more new districts, or by making them or any part of them part of one or more existing districts, or partly by one and partly by the other of the said methods, and may make such further provisions as appears to it to be necessary or expedient for removing the difficulties arising in connection with the absorption of the enclaves in the unit.

(2) Any Order made under this Article may be made so as to be retrospective to any date not earlier than the appointed day.

(3) Any Order made under this Article shall be subject to the same powers of repeal and amendment as laws of the Legislature of that unit.

(4) No order shall be made under this Article after the expiration of six months from the appointed day.

THE FIRST SCHEDULE

[See Article 3]

Enclaves Transferred from one Province to another Province

  1. Surrendering Unit:—Central Provinces and Berar.
    Absorbing Unit:—Vindhya Pradesh.
    Enclaves transferred:—
    1. Budera village of Banda Tahsil, District Saugor.
    2. The following villages of Hatta Tahsil, District Saugor:— Madanwa (Bhensroi) Kupi, Udla.
    3. The following villages of Murwarn Tahsil, District Jubbulpore:— Mand, Banjaria, Gundan, Pitehra, Guraiya, Jhanjbar, Pachoha, Junwahi, Bara, Khalond and Kai.
  2. Surrendering Unit:—East Punjab.
    Absorbing Unit:—Himachal Pradesh.
    Enclaves transferred:—
    1. Solan Cantonment.
    2. Kothkhai.
    3. Kotgarh.
  3. Surrendering Unit:—Himachal Pradesh.
    Absorbing Unit:—East Punjab.
    Enclaves transferred:—
    1. Built up areas of Sanjauli (201 acres), Barari (62 acres) and Chakkar (61 acres) (including Himachal Pradesh portion of Prospect Hill).
    2. Built up area of Kasumpti (excluding the area in which Himachal Pradesh Courts are located) Area 203 acres.
  4. Surrendering Unit:—United Provinces (Uttar Pradesh).
    Absorbing Unit:—Himachal Pradesh.
    Enclaves transferred:—
    Sansog and Bhattar villages of Chakrata Tahsil in Dehra Dun District.
  5. Surrendering Unit:—United Provinces (Uttar Pradesh).
    Absorbing Unit:—Vindhya Pradesh.
    Enclaves transferred:—
    1. The following villages of Jhansi District:—
      (a) Tila, Kainan and Jugyai villages of Jhansi Tehsil.
      (b) Jer, Khiston, Kharon, Jarua and Pahari Buzurg villages of Mau Tehsil.
    2. Negawan village of Tehsil Kulpahar in District Hamirpur.
    3. The following villages of Banda District:—
      (a) Jai Baram, Matra Brahmanan, Khaddi and Silap villages of Tehsil Banda.
      (b) Narainpur, Majhgawan, Nayagaon and Sidhpur Kalan villages of Tehsil Naraini.
    4. Chaukhandi and Khoha villages of Tehsil Karchhana in District Allahabad.
  6. Surrendering Unit:—Vindhya Pradesh.
    Absorbing Unit:—Central Provinces & Berar.
    Enclaves transferred:—
    1. The following villages of former Nagod State:— Harduwa, Pipra and Chori.
    2. Dhanwahi and Kherwa villages of former Maihar State.
    3. The following villages of former Panna State:—
      Kherpura, Patha, Dighi, Niwas, Dhoria, Madanpura, Syamer, Singhi, Bhechmai, Udaipura, Baudha, Paira and Paperi.
    4. The following villages of former Bijawar State:— Sewra, Barkhera and Seondha.
  7. Surrendering Unit:—Vindhya Pradesh.
    Absorbing Unit:—United Provinces (Uttar Pradesh).
    Enclaves transferred:—
    1. Math and Rampur villages of former Orchha State.
    2. The former Samthar State consisting of 101 villages.
    3. The following villages of former Datia State:—
      Sami, Baroda, Pulia, Bannao, Padri, Babli, Girwasa, Dogkhajrai, Khajuri, Akrol, Dong Akrol, Garaia, Duggattia, Sajera, Dugsajera, Kurcholi, Dung Chabria, Kemra, Nadi Gaon, Dung Kherai, Beri Dong, Chandu Pura, Kampura, Khera, Parsani, Dhasuri, Simora, Jaitpura, Chilora, Mohammad Pura, Bhobahi, Sipura, Salampura, Barkara, Sikuribujurg, Pajania, Arjunpura, Akinwa, Bara, Jabalpura, Amkhara, Dhanori, Sabali Bujurg, Adlispura, Babupura, Katpuri Bhim, Katpuribhoj, Panasi, Katpuri Bujurg, Chakwahi, Jakhela, Sikandarpura, Alampura, Janeshpura, Lalpura, Shikari Khurd, Basit, Rajipura, Sirsajpura, Dogarpur, Karmara, Mehanpura, Babini, Rampura, Jara, Killa, Kanahari, Masodpura, Tiliphpura, Sahpura, Mahalpura, Kharaundi Khurd, Anspuri, Chintapura, Rura, Dabri, Seoni Khurd, Beona, Gangthara, Ranipura, Jhillara, Raipura.
    4. The following 28 villages of former Orchha State:—
      Bachawali, Barethi, Berisalpura, Murutha, Lohargaon, Kolasra Ghat, Kalyanpur, Budhupura, Bagra Bagri, Laundi, Bhandokar, Amli, Sirwo, Dadpura, Dadpura (Jagir), Chokari, Patka Karka, Rampur, Jalwauli, Sedna, Jhala, Gundaha, Tahauli Kalan, Dhawari, Tai, Majra Tai, Silauri and Madhpura.
    5. The former Dhurwai State consisting of nine villages.
    6. The former Tori Fatehpur State consisting of thirteen villages.
    7. Banka Pahari village of former Banka Pahari State.
    8. The following villages of former Bijna State:—
      Bagrani, Bhawara, Bijna, Haboli and Basar.
    9. The following villages of former Garrauli State:—
      Richora, Sataura, Slipura, Lokharia, Padaria, Kanora, Amanpura, Banchor, Salat and Bhataura.
    10. The former Bihat State consisting of 9 villages.
    11. Rabai and Churari villages of former Naigawan Rebai State.
    12. The former Jigni State consisting of 6 villages.
    13. The former Sarila State consisting of 11 villages.
    14. The former Baoni State consisting of 52 villages.
    15. The former Beri State consisting of 12 villages.
    16. Nimahipur, Bankolan Kalan, Sahban and Ladpahari villages of former Ajaigarh State.
    17. The former Barsundha State consisting of four villages.
    18. The following 18 villages of former Paldeo State:—
      Baroti, Lakoria, Baglai, Padri, Chakla Gurbaba, Dhar Thol, Bibra, Rampura, Kharaha, Hariharpur, Dugwan, Rampur, Makundapur, Mabai, Linjha, Makra Khurd, Makri Kalan and Rehunta.
    19. The former Bhaisaundha State consisting of 5 villages.
    20. Chhamu village of former Rewa State.
    21. The former Taraon State consisting of 15 villages.</ref>
    22. The following villages of Pahra State:—
      Pahra, Bhikampur, Bharatpur, Mabai, and Sheorajpur.
    23. The following villages of former Charkhari State:—
      Beri, Kunwa, Pipwara, Pahartha, Garhari, Patha, Kaneri, Salwa, Kamlkhera, Sirhar, Katroli, Rehuniyan, Bihari, Sijora, Kakun, Bamahaurikalan, Purura-Bajpai, Tiratipura, Bamheria, Natari, Panchampura, Jatora, Kumai, Rawai, Markui, Jawari, Latora Santoshpura, Nib Bari, Garrauli, Ururi, Dumduma, Khirya, Guptmauk, Kohari, Chanikhurd, Sabuba, Kutama, Bamahauri Khurd, Patishtha, Bakhretha, Ragal, Gurha, Lowpuri, Dhurwai, Bijaipur, Sudamapuri, Kaneda, Rajora, Kakra, Bamlitha, Notara, Barikera, Imlikhera, Bamrara, Roshanpura, Sohjana, Itwan, Malkhanpur, Udaipura, Rainpur, Maharajnagar, Rupnagar, Sohargaon, Fatehpur, Majhor, Jardingjanj, Mitlenganj, Bagraun, Dayalpura, Karoradang, Milya, Maharajpura, Gopalpura, Brajpura, Mahauli, Badanpur, Aurera, Padra, Akona, Chakbangaon, Kazipur, Bahgaon and Kudar.

THE SECOND SCHEDULE

[See Article 4]

Enclaves transferred from a Province to an Acceding State

  1. Surrendering Unit:—Bombay.
    Absorbing Unit:—Rajasthan.
    Enclaves transferred:—
    Varanba and Sarvana villages of former Wav State.
  2. Surrendering Unit:—Bombay.
    Absorbing Unit:—Saurashtra.
    Enclaves transferred:—
    1. The following villages of Viramgam Taluka in Ahmedabad District:—
      Derwala, Dhanchi, Gedia, Kherwa, Modhwana, Sakar, Savlana and Tanmania.
    2. The following villages of Ranpur Mahal in Ahmedabad District:—
      Bhadla Mota, Bodana, Chorvira, Gangajal, Goraiya, Harania, Loya, Matra Nana, Nadala, Nagadka, Ninama, Noli, Ori, Samadiala, Sangoi and Shekhdod.
    3. Bhader and Bhalgam villages of Dhari Taluka in Amreli District.
    4. Khakhbai and Ningala villages of Khambha Mahal in Amreli District.
    5. The following villages of Damnagar Mahal of Amreli District:— Ganeshgadh, Ishvaria, Rupavati and Shiyanagar.
    6. Bhimkatta and Pati villages of Okhamandal Taluka in Amreli District.
    7. Muglana and Navagam Mota villages of Ghogho Mahal in Amreli District.
    8. Panavi and Muldhari villages of Dhanduka Taluka of Ahmedabad District.
  3. Surrendering Unit:—Central Provinces and Berar.
    Absorbing Unit:—Madhya Bharat.
    Enclaves transferred:—
    The following villages of Khandwa Tehsil in District Nimar:—
    Nagawan, Laundi, Bijgohan, Shahpur Kanapur, Dalchi, Selda, Balabad, Katora, Sangwi, Kheri, Rawer, Pachla, Kankaria, Jaikher, Phangaon, Bhogawan Sipani, Mahegaon, Tajpura, Bhogawan, Nipani, Khanpura, Takli, Dobhar, Lachhmi Kalan, Jamnia, Amba, Beria, Khas Bagda Buzrug, Baidiya Khurd, Guraria, Tamolia, Amarpura, Nimkheri, Chitawal, Bhulgaon, Nilkanth, Reharkot, Arsi Mirzapur, Barud:
    Note.—Total area 93.28 sq. miles including 18 sq. miles of Reserve Forest and the Government tank at Lachbora.
  4. Surrendering Unit:—East Punjab.
    Absorbing Unit:—Patiala and East Punjab States Union.
    Enclaves transferred:—
    1. Dagshai.
    2. Barauli including Sabattu.
    3. Sanawar.
    4. Kasauli.
    5. Khallag.
    6. Kala.
    7. The following 40 villages of Tahsils Samrala and Ludhiana in Ludhiana District:—
      Gajan Majra, Rurki Kalan, Rurki Khurd, Ladewal, Dheromajra, Jabomajra, Sandhur, Manke, Khiali, Sanor, Chakrohi, Chananwal, Raisar, Bhotna, Chung, Bidhata, Shehana, Burj Fatehgarh, Patti Darska, Malianwala, Kaira, Bakhatgarh, Pakhoke, Chima, Jodhpur, Pholewal, Sandharkhurd, Ghanda Banna, Dhapali, Dhingarh, Alike, Jathoke, Ghareli, Bhunder, Chaoke, Pirkot, Bhaini Chuhar, Bhupwali, Bagriam and Jandiali Kalan.
    8. One enclave of Police Station Budhlada of Hissar District consisting of 15 villages.
    9. The following 32 villages of Tahsils Kaithal and Thanesar in Karnal District:—
      Bibipur Khurd, Dhandhian, Naraingarh, Gutmenrha, Bishangarh, Katakheri, Khakat Khurd, Budhanpur, Jattan, Baran, Sidhowal, Rakherha, Main, Mardanheri, Nanansu, Batoi, Khurd, Shadipur, Fatehpur, Kakra, Mavi, Chatehrha, Tullewal, Kishangarh alias Darola, Daroli, Nasurpur, Asarpur, Toddarpur. Jamalpur, Paharpur, Danipur-Khudadadpur, Harigarh-Bulasinghwala, Kharyal, Rattakheri.
    10. One enclave consisting of the following 16 villages of Tahsil Kharar in Ambala District:—
      Bibipur, Batta, Silkapra, Sil, Lonon, Mulanpur, Sadiqpur, Kajjalmajri, Garangan, Ghugha Kheri, Malan Majri, Roopa Heri, Kheri Birusingh, Dadiana, Railon, Bhaganpur and Gadh Hera.
  5. Surrendering Unit:—East Punjab.
    Absorbing Unit:—Rajasthan.
    Enclaves transferred:—
    1. The following villages of Tehsil Ferozepur Jhirka in District Gurgaon:—
      Fatehpur, Ghatmika, Gajuka, Hasandika.
    2. The following villages of Tehsil Rewari in District Gurgaon:—
      Sansairi, Shahjahanpur, Foladpur Boari and Chaubara.
  6. Surrendering unit:—Madras.
    Absorbing Unit:—Mysore.
    Enclaves transferred:—
    1. The following villages of Madakasire Taluk of District Anantapur:—
      Burdakunte, Palyam, Bettur, Kanajanahalli, Bettagaudawahalli, Honnapuram, Kotagerlahalli, Ballasamudram, Bhilmanakunta, Sarjammanahalli, Badigondanahalli, Virpugondanahalli, Erragattupalim, Bullasamudram, Tsautikuntapalli, Narasapwiam.
    2. The following villages of Salem District:—
      Balapanapalli, Rayasandiram, Tolasandodi, Tulukanapalli, Angisattipalli, Arleri, Karagatannapalli, Upparapalli, Kuntenahalli, Turusandapalli, Ettakodi. Adesundatti, Bandapuram, Agraharam, Madivalam, Settipalli, Chattihallikere, Moreasure, Nagnyakkanapalli.
    3. The following villages of Goondapur Taluk in District South Canara:—
      Ratihalli, Gurtakair, Benhatti, Habbige, Hennarmagane R.F., Birdemaru. Bailgi, Honnar, Shirar, Kote Shirur, Baijkal, Lakmane, Nittur, Mairugudda, Kottegudda, Manchagalale, Nagodi, Hoshalli, Malekoppa, Nittur, Markatka, Gachika, Kalkamadi, Holegaru, Nagodi, Hosagudde, Halumane, Garte, Menasinagudde R.F., Holegarugudda, Honnar Magane R.F., Uruthi.
  7. Surrendering Unit:—Madras.
    Absorbing Unit:—Travancore and Cochin.
    Enclaves transferred:—
    1. The following areas of Tirunelveli District:—
      Anjengo (100 acres), Thangasseri (275 acres) and Panagudi (15, 15 acres).
    2. The following areas of Malabar District:—
      Theneri (82, 58 acres), Vadavannur (63, 41 sores), Peruvemba (51, 72 acres), Kootallur (4, 81 acres), Elapully (31, 06 acres), Elavancheri (6, 06 dores), Papayur (11, 84 acres) and Palathulli, (1, 62 acres).
  8. Surrendering Unit:—United Provinces (Uttar Pradesh)
    Absorbing Unit:—Madhya Bharat.
    Enclaves transferred:—Katha village of Tehsil and District Jalaun.
  9. Surrendering Unit:—United Provinces (Uttar Pradesh).
    Absorbing Unit:—Rajasthan.
    Enclaves transferred:—
    1. Phulwara village of District Muttra.
    2. The following villages of District Agra:—
      Mai Gujar, Samauna, Indauli, Jarga.
  10. Surrendering Unit:—Bhopal.
    Absorbing Unit:—Madhya Bharat.
    Enclaves transferred:—
    1. The following villages of Ashta Tehsil:—
      Dodi, Harru Kheri, Semli Khera.
    2. The following villages of Piklon Tehsil:—
      Deoli, Sankrod, Bhainswaya, Nah, Suneti, Ram Nagar, Chopra, Bisrai, Bisraya, Mala, Pikion.
    3. The Parlia Mohibba village of Jawar Tehsil.
    4. The following villages of Sehore Tehsil:—
      Jamner, Unchod.
  11. Surrendering Unit:—Himachal Pradesh.
    Absorbing Unit:—Patiala and East Punjab States Union.
    Enclaves transferred:—

    Two small portions of Himachal consisting of Rampur Vanka and Kotah villages lying between Simla and Bharauli.

  12. Surrendering Unit:—Vindhya Pradesh.
    Absorbing Unit:—Madhya Bharat.
    Enclaves transferred:—
    1. The following villages of former Khaniadhana State:—
      Pura, Dharampura, Mahrauli, Badali, Bineka, Ganesh Khera, Sanawal Kalan, Deori, Kumhari, Badanpur, Dabia, Khairia, Urahi, Nimkhera, Kanchanpur, Silawal Khurd, Himatpur, Durgapur, Silpura, Pothai, Kundoli, Nadanwara, Mudia, Khaniadhana, Jalimpur, Panihara, Hukumpur.
    2. The following villages of former Orcha State:—
      Garrera, Rajapur.
    3. The following villages of former Datia State:—
      Barodi, Sawawali Khurd, Tal Bheo, Birpur, Atte, Mau, Toria Kalan, Toria Khurd, Leda, Jagdor, Phuskar, Reo, Chhareta, Gaigahari Dabri, Taka Bujurg, Taka Khurd, Sohdowra, Bhusalai Khurd, Beri Nokora, Rai Neja, Pali Pawari, Pardhana, Piprauli, Kamanpura, Naganpur, Bisaipur, Bader, Chanderi, Kurgawana, Barkachari, Bedna, Kodila, Kolaria, Kumaria Rai, Lohrahawaili.

THE THIRD SCHEDULE

[See Article 5]

Enclaves Transferred from an Acceding State to a Province.

  1. Surrendering Unit:—Mysore.
    Absorbing Unit:—Madras.
    Enclaves transferred:—
    1. The following villages of Molakalmurru Taluk, District Chittalldrug:—
      Jodi Kasenaikanahalli, Gauripura, Jodi Bommunhalli, Bommagatta, Sarva, Inam Oblapura and Budenahalli.
    2. The following villages of Bangarpet Taluk in District Kolar:—
      Vardikuppa, Bayapparaddihalli, Jodi Volgalkuppa, Kayamgutta, Harakchinnapalli, Gollahalli, Hosapete and Chinnaradoddi.
    3. Kaladasapura village of Malur Taluk, District Kolar.
    4. Badagalpur village of Chamrajnagar Taluk in Mysore.
  2. Surrendering Unit:—Patiala and East Punjab States Union.
    Absorbing Unit:—East Punjab.
    Enclaves transferred:—
    1. The following 24 villages of sub-Tehsil Bhunga of Kapurthala,
      Abbowal, Badala, Baich, Bhatonlian, Bhunga, Chak Khela, Daulat Pur, Dhoot, Dhaulowal, Goraya, Hajipur, Hussainpur, Kabirpur, Koont, Kotli, Lalowal, Nadali, Noorpur, Pandori, Phumbra, Sandhar, Sotla, Shababdin and Taggar.
    2. The following villages of Tehsil Sirhind, in Fatehgarh District:—
      Machhiwara, Khanpur, Kotala, Salana, Hiatpura, Gausgarh, Raipur, Akalgarh, Haidon, Loharian, Garhi Sainian, Bhurla, Sharian, Majri Sikhan, Chaurian, Sarwatgarh, Bahumajra, Kauri, Bhatian, Libera, Ikolahi, Iraq, Dhanda, Kotia, Kiri Afghanan, Dolran, Bassi Gujjran, Shamashpur, Amargarh, Mansurpur, Jatana Uncha, Khamanonkamli, Khamanon-Kalan, Fraur, Maheshpura, Ranama, Balaspur, Thikriwal, Bhambri, Bhathan Kalan, Sanghol, Bhattan Khurd, Bhota, Chari, Bhamian, Dalwan, Mohan Majra, Pani-Chan, Khera, Raipur Rainan, Jhadiala, Ramgarh, Lakhanpur, Jatana Newan, Manderan, Khamanon Khurd, Amarala, Dhianomajra, Kalewal, Polomajra, Naglan, Raia and Bir Ramgarh.
    3. Four Revenue Estates of Kapurthala near Jullundur City:—
      Bastinau, Bastishahkuli, Kotla and Kotsaddiq.
    4. The following 6 villages in Bhatinda District:—
      Lakhnaurasahib, Mohri, Klalmajra, Tejan, Nadiali and Khera.
    5. Sub-Tehsil Bawal of Megindargarh District divided into two enclaves and comprising 75 villages.
    6. Two enclaves of Tehsil Rajpura District Patiala consisting of 6 villages.
    7. Chhachrauli area of former Kalsia State (excluding villages of Police Station Dera Sassi) consisting of 115 villages including 13,228 acres of the following Forests area:—
      Bagpat, Khallanwala, Kansali, Jakkan, Shehzhadwala, Darpur, Ibrahimpur, Jatanwala, Taharpur, Salimpur Kobi, Ban Santor and Khol Fatehgarh.
  3. Surrendering Unit:—Patiala and East Punjab States Union.
    Absorbing Unit:—Himachal Pradesh.
    Enclaves transferred:—
    1. The area called Kutri of Pinjaur District.
    2. The following villages of former Nalagarh State:—
      Dhar Khulag, Goila, Jamrarha, Nathal, Kunjiara, Sureta and Baragmon Jungle.
  4. Surrendering Unit:—Rajasthan.
    Absorbing Unit:—Bombay.
    Enclaves transferred:— Mial village of former Jodhpur State.
  5. Surrendering Unit:—Rajasthan.
    Absorbing Unit:—East Punjab.
    Enclaves transferred:— Khori and Neemkhera villages of former Bharatpur State.
  6. Surrendering Unit:—Rajasthan.
    Absorbing Unit:—United Provinces (Uttar Pradesh).
    Enclaves transferred:—
    The following villages of former Bharatpur State:—
    Nagla Borha, Nagori, Umri, Shamspur, Bad, Bhainsa, Dharampura, Karahi and Khera Jat.
  7. Surrendering Unit:—Saurashtra.
    Absorbing Unit:—Bombay.
    Enclaves transferred:—
    1. The following villages of former Limbdi State:—
      Fatepur, Gounjar, Pachham and Ratanpur.
    2. Otaria and Sandhida villages of former Bhavnagar State.
    3. The following villages of former Lakhtar State:—
      Jalampur, Karakthal, Kishol (Moti), Kishol (Nani), Rupavati, Wasan and Wasawa.
    4. Mithapur and Odki villages of former Dasada State.
    5. The following villages of former Jetpur State:—
      Khijidiya, Pania and Venivadar.
    6. The following villages of former Lakhapadar Thana:—
      Ghadia, Kaner, Lakhapadar, Nini-Garmli, Patla and Vaghavdi.
    7. Khantadi Village of former Eastern Kathiawar States Agency.
  8. Surrendering Unit:—Travancore and Cochin.
    Absorbing Unit:—Madras.
    Enclaves transferred:—
    1. The following areas of former Cochin State:—
      Isolated bit of Nalleppali village (117 acres 30 cents),
      Isolated bit of Chittoor village (31 acres 99 cents),
      Thathamangalam village (159 acres 891/4 cents) and
      Vallanazhi village (51 acres 19 cents).

C. RAJAGOPALACHARI,
Governor-General.

APPENDIX LII

S. O. 36

THE INDIA AND HYDERABAD (EXCHANGE OF ENCLAVES) ORDER, 1950

Whereas by Agreement made on the twenty-third day of January, 1950, between the Governor-General of India and the Nizam of Hyderabad, it has been decided to effect, as from the twenty-fifth day of January, 1950, a mutual exchange of certain enclaves forming part of the State of Hyderabad with certain enclaves forming part of the Dominion of India in the Provinces of Madras and Bombay;

And whereas it is expedient to provide for the said exchange and for certain matters arising therefrom:

And whereas the Governor-General has ascertained the views of the Governments of Madras and Bombay both with respect to the proposal to make this Order and with respect to the provisions to be inserted therein;

Now, therefore, in exercise of the powers conferred on him by section 290 of the Government of India Act, 1935, and of all other powers enabling him in that behalf, the Governor-General is pleased to make the following Order:—

    1. This Order may be cited as the India and Hyderabad (Exchange of Enclaves) Order, 1950.
    2. It shall come into force on the twenty-fifth day of January, 1950.
  1. In this Order,—
    1. "Agreement" means the Agreement set out as an Annexure to this Order, being the Agreement made on the twenty-third day of January 1950, between the Governor-General of India and the Nizam of Hyderabad;
    2. "central purposes" means the purposes of Government relatable to any of the matters mentioned in the Federal Legislative List;
    3. "enclave" means any of the Hyderabad enclaves in Madras or the Hyderabad enclaves in Bombay;
    4. "absorbing Province", in relation to an enclave, means the Province in which that enclave is included by the provisions of this Order;
    5. all expressions defined in Article I of the Agreement and used in this Order shall have the same meanings as in the Agreement.
  2. As from the appointed day,—
    1. the Madras enclaves in Hyderabad shall cease to form part of the Province of Madras;
    2. the Hyderabad enclaves in Madras shall be included in and form part of the Province of Madras;
    3. the boundaries of the Province of Madras shall be so altered as to exclude from them the Madras enclaves in Hyderabad and to comprise within them the Hyderabad enclaves in Madras.
  3. As from the appointed day,—
    1. the Bombay enclaves in Hyderabad shall cease to form part of the Province of Bombay;
    2. the Hyderabad enclaves in Bombay shall be included in, and form part of, the Province of Bombay;
    3. the boundaries of the Province of Bombay shall be so altered as to exclude from them the Bombay enclaves in Hyderabad and to comprise within them the Hyderabad enclaves in Bombay.
  4. All property and assets within an enclave which, immediately before the appointed day, vested in the Government of Hyderabad shall, as from that day, vest in the Government of the absorbing Province, except such property and assets as were immediately before that day, held by the Government of Hyderabad for central purposes.
  5. All rights, liabilities and obligations, whether arising out of a contract or otherwise, of the Government of Hyderabad in relation to an enclave shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the Government of the absorbing Province, except such of the said rights, liabilities and obligations as are relatable to central purposes.
  6. All laws in force in an enclave immediately before the appointed day, shall, as from that day, cease to be in force in that enclave, and all laws in force in the absorbing Province shall, as from that day, extend to, and be in force in, that enclave:

    Provided that anything done or any action taken under the laws in force in the enclave before the appointed day shall be deemed to have been done or taken under the corresponding law extended to, and in force in, that enclave as from the appointed day.

    Explanation.—In this Article, "law" includes any Act, Ordinance or Regulation and any notification, order, scheme, rule, form and bye-law issued, made or prescribed under any Act, Ordinance or Regulation.
    1. The Government of each of the absorbing Provinces shall, by order notified in the official Gazette, provide for the administration of the enclaves included in the Province, either by constituting them or any part of them into one or more new districts, or by making them or any part of them part of one or more existing districts, or partly by one and partly by the other of the said methods, and may make such further provision as appears to it to be necessary or expedient for removing the difficulties arising in connection with the absorption of the enclaves in the Province.
    2. Any order made under this Article may be made so as to be retrospective to any date not earlier than the appointed day.
    3. Any order made under this Article shall be subject to the same powers of repeal and amendment as laws of the Legislature of that Province.
    4. No order shall be made under this Article after the expiration of six months from the appointed day.

ANNEXURE

Agreement made this twenty-third day of January 1950 between the Governor-General of India and the Nizam of Hyderabad.

Whereas certain small areas forming part of the State of Hyderabad are surrounded by the territories of the Dominion of India and certain small areas forming part of the Dominion of India are surrounded by the territories of Hyderabad;

And whereas it is in the best interests of the people of the said areas that mutual exchange of these enclaves should be effected;

It is hereby agreed as follows:—

Article I

In this Agreement,—

(a) "appointed day" means the twenty-fifth day of January, 1950;

(b) "Hyderabad enclaves in Madras" and "Hyderabad enclaves in Bombay" mean, respectively, the areas specified in Parts A and B of the First Schedule to this Agreement, being areas now forming part of Hyderabad but surrounded by the territories of the Dominion of India in the Provinces of Madras and Bombay, respectively;

(c) "Madras enclaves in Hyderabad" and "Bombay enclaves in Hyderabad" mean, respectively, the areas specified in Parts A and B of the Second Schedule to this Agreement, being areas now forming part of the Dominion of India in the Provinces of Madras and Bombay, respectively, but surrounded by the territories of Hyderabad;

(d) "Hyderabad" means the State of Hyderabad.

Article II

As from the appointed day,—

(a) the Hyderabad enclaves in Madras and the Hyderabad enclaves in Bombay shall cease to form part of Hyderabad and shall be included in, and form part of, the territories of the Dominion of India; and

(b) the Madras enclaves in Hyderabad and the Bombay enclaves in Hyderabad shall cease to form part of the Dominion of India in the Provinces of Madras and Bombay, respectively, and shall be included in, and form part of, Hyderabad.

Article III

As from the appointed day,—

(a) all property and assets within the Hyderabad enclaves in Madras or within the Hyderabad enclaves in Bombay, which, immediately before that day, vested in the Government of Hyderabad, shall vest in the Dominion of India, unless the Governor-General of India by statutory order provides for the vesting of any such property or assets in the Province of Madras or Bombay, as the case may be;

(b) all property and assets within the Madras enclaves in Hyderabad or within the Bombay enclaves in Hyderabad which, immediately before the appointed day, vested in the Dominion of India or the Province of Madras or the Province of Bombay shall, as from that day, vest in the Government of Hyderabad.

Article IV

As from the appointed day,—

(a) all rights, liabilities and obligations, whether arising out of a contract or otherwise, of the Government of Hyderabad in relation to the Hyderabad enclaves in Madras or the Hyderabad enclaves in Bombay shall, respectively, be the rights, liabilities and obligations of the Government of the Dominion of India, unless the Governor-General by statutory order provides for any of those rights, liabilities and obligations being the rights, liabilities and obligations of the Province of Madras or Bombay, as the case may be; and

(b) all rights, liabilities and obligations, whether arising out of a contract or otherwise, of the Government of the Dominion of India or of the Province of Madras or of the Province of Bombay in relation to the Madras enclaves in Hyderabad or the Bombay enclaves in Hyderabad, shall, respectively, be the rights, liabilities and obligations of the Government of Hyderabad.


THE FIRST SCHEDULE

Part A

Hyderabad enclaves in Madras

The following villages of Madhira Taluq, Warangal District:—

Kodavatkallu including the hamlets of Ustepalli and Kondapeta, Patiala, Battulpadu, Mogaluru, Atkuru, Peta, Tekalpalli, Santapalli, Gangapadu, Kotturu, Pullarlamudi, Chikalgudam, Buruvancha, Malavalli, Pullampad.

Part B

Hyderabad Enclaves in Bombay

  1. Betwara village of Patoda Taluka in District Bid.
  2. Borgaon village of Osmanabad Taluka in District Osmanabad.
  3. The following villages of Parenda Taluka in District Osmanabad:—
    Shelgaon, Sultanpur, Shirpad Pimpri, Anjangaon, Jamgaon (Byarg), Kevda, Sultanpur, Chavanvadi, Hatkarwadi, Kapsewadi, Dhanora, Manegaon, Bujrugwadi, Pachpunwadi, Kairuo, Ridhore, Bhawarja (Byarg), Sindri Jagir, Upla village including hamlets of Wangiwadi, Irla and Tawarwadi.
  4. Andewadi (J) village in District Gulburga. Kakerbli, Madbal, and Dholar villages in Jeevargi taluq.
  5. Bhatnoor and Nagarbetta villages in Taluq Shorapur.
  6. Gadesankpur village in Talug Lingsugur.
  7. The following villages in Taluq Kushtagi:—
    Mullapur (J), Sarjapur, Santgira, Baleguda, Chigalgundi, Hanamsagar, Kurbannal (J), Itgi (J), Gulguli (J), Mugli.
  8. Hirlagundi (J) village in District Raichur.
  9. The following vilages of Tuljapur Taluka in District Osmanabad:—
    Baulgaon, Astha, Pophali, Virwad Khurd, Shivni, Karamba (J), Warlegaon, Chikhelli (J), Yellamwadi, Pawarwadi, Bopla, Yekoda, Mangoli, Baberwadi, Waloja, Degaon, Sasoora, Ghorpadi, Daksal, Mansi, Bhagachiwadi, Kowtali, Saklewadi, Kalman, Maslachowadhari, Padshli, Wangi, Inchgaon, Khaneshwar, Bhoir, Ranmasla, Dharpal, Nanaj, Mohtechiwadi, Gharilachiwadi.
  10. The following villages of Ashti Taluka in District Bid:—
    Kavadgaon, Hasnabad, Girvalli, Pimpalkhed, Chandi, Agħi, Khamgaon, Dhanora, Fakhirabad, Halgaon, Nanj, Wagh, Javalki, Dhanegaon, Jawla, Tartgaon, Balegaon, Rodegaon, Borgaon, Dimeshwar.

Note.—'J' shown against a village indicates Jahagir.


THE SECOND SCHEDULE

Part A

Madras Enclaves in Hyderabad

  1. The following villages in Lingagiri Group of District Kistna:—
    Kalvapalli, Kavasaram Guddam, Sarva Varam, Laxmi Puram, Linga Giri, Lekka Varam, Srinivas Puram, Sitaram Puram, Kundish Guddam, Ganuga Banda, Amravaram, Ayanna Guddam Anjeyapuram).
  2. The following villages of District Warangal:—
    Mulu Kumadeo (Mulugumadu), Malla Varam and Rumapi Malla (Rumpimalla).

Part B

Bombay enclaves in Hyderabad

  1. The following villages of Nandgaon Taluka in District Nasik:—
    Kawitkhede, Anchalgaon, Balhegaon, Hingane Kanad, Sakegaon, Pokhat Kanad, Babul Khede, Khirdi Kanad, Salegaon, Malegaon, Bhokargaon.
  2. The following villages of Chalisgaon in District East Khandesh:—
    Narsingpur, Maranpur, Malpur, Vadali Pra Kanad, Bokangaon, Palasgaon, Banshendra, Hatnur, Jamadi Pra Kanad, Chapaner, Jalgaon Pra Kanad, Wodolwadi, Chikalthan, Withalpur.
  3. Malunja (Budruk) village of Nevasa Taluka in District Ahmednagar.
  4. The following villages of Patardi Taluka in District Ahmednagar:—
    Arvi, Jhapewadi, Saroor, Kanujwadi, Koalwadi, Rakshas Bhawan, Hinganwadi, Gomalwadi, Hingalwadi, Pimpalwadi.
  5. The following villages of Jamkhed Mahal in District Ahmednagar:—
    Khokar Mohu, Ghogawadi, Buragwadi, Rupawadi, Shirasmarga, Kalwadi, Bandalwadi, Taratwadi, Deemakwadi, Soangaon, Murshidpur, Khelad, Dongargaon, Devi Nimbagaon, Kada, Seri (Khurd), Gandiwadi, Kansiwadi, Amwadi, Kaswadi, Brahmangaon, Bhalaoni, Hajipur, Handewadi, Amalner, Pimpalwandi, Pangri, Ambawadi, Maserwadi, Chendorwadi, Jadowadi, Saradwadi, Bidarwadi, Depotwadi, Kusulamb, Godewadi, Bharatwadi, Nalwardi, Bongarkinni, Batachiwadi, Naskwadi, Pimpalgaon Dhar, Nirgudi, Kadewadi, Tirumalwadi, Bida wadi, Domri, Maibwadi, Ganjwadi, Bhidasangvi.
  6. The following villages of Sholapur Taluka in District Sholapur:—
    Hadalgi, Kukrambawadi, Thadala, Kukramba, Katachiwadi, Mangrole Sardwadi, Khandikarwadi, Arlibudruka, Kalegaon, Kesarjawalga.
  7. The following villages of Barsi Taluka in District Sholapur:—
    Savargaon, Upla, Wagoli, Kajla, Pawarwadi, Rajwadi.
  8. Sonari Village of Karmala Taluka in District Sholapur.
  9. Ainapur and Bhilwad villages of Sindgi Taluka in District Bijapur.
  10. The following villages of Ron Taluka in District Dharwar:—
    Hagdahal, Hirejundgud, Hirebahadurdinni, Hanmanhal.

In confirmation whereof His Exalted Highness the Nizam of Hyderabad and His Excellency the Governor-General of India have appended their signatures hereto.

Mir Usman Ali Khan,

Nizam of Hyderabad.

C. RAJAGOPALACHARI,

Governor-General.

APPENDIX LIII

Agreement made this tweentieth day of January 1950 between the Rajpramukh of the United State of Rajasthan and the Rajpramukh of the United State of Madhya Bharat.

Whereas certain small areas forming part of the United State of Rajasthan are surrounded on all sides by the territories of the United State of Madhya Bharat and certain small areas forming part of the United State of Madhya Bharat are surrounded on all sides by the territories of the United State of Rajasthan;

And whereas it is in the best interests of the people of the said areas that a mutual exchange of these enclaves should be effected;

It is hereby agreed, with the concurrence of the Government of India, as follows:—

Article I

In this Agreement,—

  1. "Madhya Bharat" means the United State of Madhya Bharat;
  2. "Rajasthan" means the United State of Rajasthan;
  3. "enclaves in Madhya Bharat" means the area specified in the First Schedule to this Agreement being areas now forming part of Rajasthan but surrounded on all sides by the territories of Madhya Bharat;
  4. "enclaves in Rajasthan" means the areas specified in the Second Schedule to this Agreement, being areas now forming part of Madhya Bhart, but surrounded on all sides by the territories of Rajasthan.

Article II

As from the 24th day of January 1950,—

  1. the enclaves in Madhya Bharat shall cease to form part of Rajasthan and shall become part of Madhya Bharat, and
  2. the enclaves in Rajasthan shall cease to form part of Madhya Bharat and shall become part of Rajasthan.

Article III

As from the aforesaid day,—

  1. all property and assets within the enclaves in Madhya Bharat which, immediately before that day, were vested in Rajasthan shall vest in Madhya Bharat, and all property and assets within the enclaves in Rajasthan which immediately before that day were vested in Madhya Bharat shall vest in Rajasthan; and
  2. all rights, liabilities and obligations, whether arising out of a contract or otherwise, of the Government of Rajasthan in relation to the enclaves in Madhya Bharat and of the Government of Madhya Bharat in relation to the enclaves in Rajasthan shall, respectively, be the rights, liabilities and obligations of the Government of Madhya Bharat and of the Government of Rajasthan.

THE FIRST SCHEDULE

List of enclaves in Madhya Bharat


  1. The following villages of Tehsil Begum District Chittoor.

    Kalpura, Tokra, Khokra, Kanwarji ka Khera, Khanpura, Jaswantpura, Pand Kuri, Palasia, Kanwalpura, Ranpur, Kanwarji ka Khera, Luwa, Manakpur, Sujanpura, Ralaita, Sanwaria, June Purana, Naya Purana, Bhanwar ka Rajpura, Fateh Kheri, Khora Kuri, Dingaria, Kulmia Ubarau, Kolpura, Umedpura, Bora Kuri, Inderji ka Khera, Piplia Gurha.

  2. The following villages of Tehsil Chhoti Sadri District Chittoor.

    Bisalwas, Bharbharia, Sarwana Borkheri, Ucher, Piplia Waria, Lusuria, Sir ka Khera, Semli, Milki, Palsoda, Nal Khera, Ranpura, Hadmatia.

  3. Bhanwar Kua village of Shahbad Pargana in Kotah District.
  4. Nimrol village of former Dholpur State.
  5. Chappon village of Sironj in former Tonk State.

THE SECOND SCHEDULE

List of enclaves in Rajasthan


  1. The following villages of Tehsil Neemuch in District Mandsaur:—
    Chirkheda (including Khera and Sedh), Miloni Khera (Meroli), Gangapur (including Khera Sundan), Bhandera, Arnia, Udaliavyas, Khajuria, Naithal, Majhawas, Surawas, Padliavyas, Piplivyas, Surajpura J, Narabadia J, Pipliadeoda J, Kosial J, Radaikheda J, Karoli J, Bhatoli-Gujran J, Nimgoan, Jhadsadri J, Mewada J, madfia, Ghodakheda J, Bhutkheda J, Chadlia J, Pilana M, Utelheda M, Nikumbh J, Punaoli J, Pindoda J, Dhedasutaran J, Bhatolibrahman J, Kachumbra J, Padlia, Rajpura, Kesoda, Chatera M. (Gatod), Khedakundal J (Motipura), Nanumantiakundal, Chandoli, Basedikundal J (Nankia), Jalodia J, Bhukanganj, Bhichor, Pohampur, Nal, Basota, Allunpur, Mahesara, Muroli, Sheopura J, Nadwai, Amarkhal, Amalda-Jhalanpur, Narsinghpur, Bhanoda, Dewri, Madheopur, Bhawanipura, Gudha (including Kurantia), Nimods, Tejpura, Haripura, Annadpur, Tawa, Jhadol, Kishanpura, Hardeopura, Chawadia-Bhichor, Gopalpur, Kethoda, Madona, Bhawancha, Tukrai, Ramnagar, Nayagaon, Basifatehpur, Raeti, Awalaheda, Kheda, Karanpura, Rakiakheda, Deopur, Dhanora, Gulana, Bemanheda, Jaisinghpura, Padawas, Mankeshwar, Haripura, Nilwadah (Charsa), Dhamancha, Kalda.
  2. Amalheda village of Tehsil Sheopur in District Morena.

In confirmation whereof His Highness Raj Rajendra Sri Maharajadhiraja Sawai Sir Man Sinhji Bahadur, Rajpramukh of the United State of Rajasthan and His Highness Maharajadhiraja Sir George Jivaji Rao Scindhia Bahadur, Rajpramukh of Madhya Bharat, have appended their signatures hereto.

SAWAI MAN SINHJI,
His Highness the Rajpramukh
of Rajasthan.

J. R. SCINDIA,
His Highness the Rajpramukh
of Madhya Bharat.


The Government of India hereby concur in the above Agreement.

In confirmation whereof Mr. Vapal Pangunni Menon, Secretary to the Government of India in the Ministry of States appends his signature on behalf, and with the authority, of the Government of India.

V. P. MENON,
Secretary to the Government of India,
Ministry of States.