White Paper on Indian States (1950)/Part 5/Provincially-merged States/Deccan States
100. Merger of Deccan States.—The merger of the Eastern States gave an impetus to the people of other States with limited resources to seek a similar remedy for their difficulties. The Rulers of Deccan States who had at one time decided to merge their sovereignty in the proposed United Deccan State later decided in favour of the security that integration with a resourceful unit such as the Bombay Province could provide as against the hazards of separate existence as small units. They signed merger agreements (Appendix XIII) on 19th February, 1948, and subsequent dates. In pursuance of these agreements all States in Deccan except Kolhapur, were administratively integrated with the Province of Bombay in March, 1948. The seventeen Deccan States thus merged in Bombay covered an area of 7,651 square miles with a population of about 1.7 millions and a revenue of about Rs. 14,200,000.
101. Kolhapur, the remaining State in Deccan had an area of 3,219 square miles and a population of a little over one million. This State was the scene of serious disturbances after the assasination of Mahatma Gandhi. The situation arising out of these disturbances was discussed between the Ruler and the Ministry of States, and as a result of these discussions the Ruler agreed to the appointment of an Administrator nominated by the Government of India. The financial position of the State was found to be unsatisfactory and it became necessary to advance a loan to the State from the Central Revenues. The other Deccan States having already merged with Bombay, the most satisfactory arrangement in respect of the political future of the State appeared to be its administration as part of the Bombay province. An Agreement of Merger (Appendix XIV) was accordingly negotiated with the Ruler of the State and the administration of the State was made over to the Government of Bombay with effect from 1st March, 1949.
APPENDIX XIII
FORM OF MERGER AGREEMENT SIGNED BY RULERS OF GUJARAT AND DECCAN STATES
AGREEMENT MADE THIS day of between the Governor-General of India and the of
Whereas in the immediate interests of the State and its people, the of is desirous that the administration of the State should be integrated as early as possible with that of the Province of in such manner as the Government of the Dominion of India may think fit;
It is hereby agreed as follows:—
ARTICLE 1.
The of 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 day of 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.
The 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 rupees free of 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 said sum may be drawn by the in four equal instalments in advance at the beginning of each quarter by presenting bills at the State Treasury or at such other Treasury as may be specified by the Dominion Government.
ARTICLE 3.
The 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.
The will furnish to the Dominion Government before the day of 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 the or State property, it shall be referred to such officer with judicial experience as the Dominion Government may nominate and the decision of that officer shall be final and binding on both parties.
ARTICLE 4.
The shall be entitled to all personal privileges enjoyed by them whether within or outside the territories of the State, immediately before the 15th day of August 1947.
ARTICLE 5.
The Dominion Government guarantees the succession, according to law and custom, to the gadi of the State and to the personal rights, privileges, dignities and titles.
In confirmation whereof Mr. Vapal Pengunni 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 has appended his signature on behalf of himself, his heirs and successors.
Dated
Secretary to the Government of India,
Ministry of States.
APPENDIX XIV
KOLHAPUR MERGER AGREEMENT
AGREEMENT MADE THIS 1ST DAY of February 1949 between the Governor General of India and His Highness the Maharaja of Kolhapur.
Whereas in the best interests of the State of Kolhapur 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;
It is hereby agreed as follows:—
ARTICLE I
His Highness the Maharaja of Kolhapur 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 March 1949 (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 II
His Highness the Maharaja shall continue to enjoy the same personal rights, privileges, dignities and titles which he would have enjoyed had this agreement not been made.
ARTICLE III
His Highness the Maharaja 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 ten 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 ten lakhs of rupees shall be paid to His Highness the Maharaja 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 IV
His Highness the Maharaja 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 Maharaja will furnish to the Dominion Government before the 15th day of February 1949 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 Maharaja 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 V
All the members of His Highness' family including Her Highness the Maharani Saheba 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 of August 1947.
ARTICLE VI
The Dominion Government guarantees the succession, according to law and custom, to the gaddi of the State and to His Highness the Maharaja's personal rights, privileges, dignities and titles.
ARTICLE VII
No enquiry shall be made by or under the authority of the Government of India, and no proceedings shall lie in any Court in Kolhapur, against His Highness the Maharaja, 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 VIII
(1) The Government of India hereby guarantees either the continuance in service of the permanent members of the Public Service of Kolhapur on conditions which will be not less advantageous than those on which they were serving before the date on which the administration of Kolhapur 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 Maharaja 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 Kolhapur is made over to the Government of India.
ARTICLE IX
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 Pengunni Menon, Adviser 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 Shahaji Chhatrapati Hindupad Padashah, Maharaja of Kolhapur has appended his signature on behalf of himself, his heirs and successors.
SHAHAJI CHHATRAPATI,
Maharaja of Kolhapur.
V. P. MENON,
Adviser to the Government of India,
Ministry of States.