White Paper on Indian States (1950)/Part 5/Provincially-merged States/Sirohi

by Ministry of States, Government of India

104. Sirohi.—The Government of Bombay took over, on behalf of the Government of India, the administration of the small State of Sirohi with effect from January 5, 1949, in pursuance of an agreement signed by the Regent Maharani on behalf of the minor Ruler (Appendix XVI). There was some difference of opinion as to whether this State should be merged in Bombay or should be integrated in Rajasthan. It was therefore decided that until the future of the State was finally determined, the Bombay Government should conduct its administration on behalf of the Government of India. The position was later reviewed and it was decided to merge Abu Road tehsil and a portion of Dilwara tehsil with Bombay and to integrate the remaining portion in Rajasthan. This decision has been implemented by means of an order under Section 290A of the Government of India Act, 1935, issued in respect of the areas merged into Bombay and a notification under the Extra-Provincial Jurisdiction Act, issued in respect of the areas to be merged into Rajasthan (Appendices XVII and XVIII).

APPENDIX XVI

SIROHI MERGER AGREEMENT

AGREEMENT MADE THIS eighth day of November 1948 between the Governor General of India and His Highness the Maharao of Sirohi.

WHEREAS in the best interests of the State of Sirohi 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 Sirohi 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 5th January 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 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 Rs. 2,12,600 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 2,12,600 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 15th March, 1949 in 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 Maharani Regent 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 day of August 1947.

Article 6

The Dominion Government guarantees the succession, according to law and custom, to the gaddi of the State and to His Higness 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 Sirohi, 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 Sirohi on conditions which will be not less advantageous than those on which they were serving before the date on which the administration of Sirohi 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 Sirohi 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.

Is confirmation whereof Mullath Kadangi Vellodi Secretary to the Government of India in the Ministry of State, kus appended his signature on behalf and with the authority of the Governor General of India and Her Highness the Dowager Maharani Krishna Kunwar Ba, President of the Regency Board, Sirohi has appended her signature for and on behalf of His Highness the Minor Maharao of Sirohi, his heirs and successors.

Sd. DOWAGER MAHARANI OF SIROHI,
President of the Regency Board
President of the Regency BoardSirohi.

Secretary to the Government of India,Sd. M. K. VELLODI,
Secretary to the Government of India,
Secretary to the Government of India,Ministry of States

Dated New Delhi, the 8th November, 1948.

APPENDIX XVII

GOVERNMENT OF INDIA

MINISTRY OF LAW

NOTIFICATION

New Delhi, the 25th January 1950

The following Orders made by the Governor-General are published for general information:—

S. O. 34.

THE STATES' MERGER (BOMBAY) ORDER, 1950.

WHEREAS full and exclusive authority, jurisdiction and powers for and in relation to the governance of the Indian State of Sirohi are exercisable by the Dominion Government;

AND WHEREAS it is expedient to provide by order made under section 290A of the Government of India Act, 1935, for the administration of a part of the said State as if it formed part of the adjoining Governor's Province of Bombay;

AND WHEREAS the views of the Government of the said Province have been ascertained both with respect to the proposal to make such an Order and with respect to the provisions to be inserted therein;

NOW, THEREFORE, in exercise of the powers conferred by the said section 290A, the Governor-General is pleased to make the following Order:—

1. (1) This Order may be cited as the States' Merger (Bombay) Order, 1950.

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

2. In this Order, "merged area" means the area specified in the Schedule to this Order.

3. As from the commencement of this Order the merged area which now forms part of the Indian State of Sirohi shall be administered in all respects as if it formed part of the Province of Bombay; and accordingly, any reference to an Acceding State in the Government of India Act, 1935, or in any Act or Ordinance made on or after the appointed day shall be construed as not including a reference to the merged area, and any reference in any such Act or Ordinance as aforesaid to the Province of Bombay shall be construed as including the merged area.

4. All laws in force in the merged area immediately before the appointed day shall, as from that day, cease to be in force in that area, and all laws in force in the District of Banaskantha shall, as from that day, extend to, and be in force in, that area:

Provided that anything done or any action taken under the laws in force in the merged area, before the appointed day, shall be deemed to have been done or taken under the corresponding law, extend to, and be in force in, that area 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.

5. The provisions of articles 5 to 10 of the States' Merger (Governors' Provinces) Order, 1949, shall apply in relation to the merged area as they apply in relation to a merged State, but subject to the modification that all references therein to "the absorbing Province" and "the appointed day" shall be deemed, respectively, to be references to "the Province of Bombay" and "the date of commencement of this Order".

6. For the purposes of article II of the States' Merger (Governors' Provinces) Order, 1949, the merged area shall be deemed to be included in Schedule II to that Order along with the group of merged States headed by Idar, and the said article shall have effect accordingly.

THE SCHEDULE

(See Article 2)

The area comprised in the following villages in the Abu Road and Dilwara Tehsils of the Sirohi State, namely:—

1. Abu Road
2. Kesarganj
3. Akra
4. Manpur
5. Santpur
6. Ganka
7. Khadat
8. Umarni
9. Kui
10. Siswa
11. Sangna
12. Panduri
13. Maval
14. Redwa Mota
15. Dona Kakar
16. Dan Vav
17. Mudarla

18. Kiyara
19. Kiyariya
20. Khara
21. Bhesa Sen
22. Amba
23. Mungthala
24. Mirgarh
25. Adaliya
26. Aval
27. Chandela
28. Girwar
29. Bageri
30. Redwa Chhota
31. Behadurpura
32. Chanar
33. Talvarankanaka
34. Ambaveri
35. Mahikheda
36. Fatehpura
37. Chotila
38. Rokhada
39. Muliya Mahadeo
40. Forest Chotila
41. Chandravati
42. Upli Bor
43. Upla Garh
44. Upla Khejra
45. Kiyariya
46. Tokiya
47. Deri
48. Jambudi
49. Jaydara
50. Teleti
51. Dotra
52. Nichala Garh
53. Nichli Bor
54. Nichala Khejra
55. Pava
56. Buja
57. Bori Buj
58. Bosa

59. Dhamariya
60. Men
61. Ranora
62. Rada
63. Surpagala
64. Amthala
65. Od
66. Karoli
67. Kivarli
68. Tunka
69. Derna
70. Tartoli
71. Vasada
72. Morthala
73. Deldar (Jagir)
74. Deldar (Devasthan)
75. Arna
76. Oria
77. Govagam
78. Javai
79. Dhundhai
80. Torna
81. Dilwara
82. Salagam
83. Achalgadh
84. Masgam
85. Sanigam
86. Hetamji
87. Block No. 1 (excluding all that portion to the west of a line drawn from western boundaries of Badarpura, Fatehpura, Maliakhera to south-west point of Block No. 3 and village Masgam).
88. Portion of Block No. 2 on South of the Abu Road.
89. Utraj village Survey Nos. 771 to 785.

C. RAJAGOPALACHARI,
Governor-General.
K. V. K. SUNDARAM,
Secretary.

APPENDIX XVIII
MINISTRY OF STATES
NOTIFICATION

New Delhi, the 24th January 1950.

No. 20-P.—WHEREAS the Central Government has full and exclusive extra-provincial jurisdiction for and in relation to the governance of those areas of the State of Sirohi as has not been merged in the Province of Bombay under the States' Merger (Bombay) Order, 1950;

NOW THEREFORE, in the exercise of the powers conferred by sub-section (2) of Section 3 of the Extra-Provincial Jurisdiction Act, 1947 (Act XLVII of 1947), and of all other powers enabling it in this behalf, the Central Government is pleased to delegate to the Government of the United State of Rajasthan the extra-provincial jurisdiction aforesaid including the power conferred by section 4 of the said Act to make orders for the effective exercise of that jurisdiction.

(Sd.) S. NARAYANSWAMY,
Deputy Secretary.