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INSTRUMENT
OF
ACCESSION OF KALAT STATE
WHEREAS
the Indian
Independence Act, 1947, provides
that as from the
fifteenth day of August, 1947, there shall be set up an independent
Dominion known as
PAKISTAN, and
that the
Government of
India Act, 1935 shall, with such omissions, additions, adaptations and
modifications as the Governor-General may by order specify, be
applicable to the Dominion of Pakistan;
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:
NOW
THEREFORE
I,
His
Highness Baglar Begi Khan of Kalat
(signed)
Ruler of Kalat
State in,
the exercise of my sovereignt; 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 purposes only Dominion, exercise 1n
relation to the State of Kalat
(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 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
of Accession.
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 such agreement
shall be deemed to
form part of this Instrument and shall be construed end
have effect accordingly.
5.
Nothing in this Instrument shall empower the Dominion
Legislature to make
any law for this State authorising the compulsory acquisition of land
for any purpose, but I hereby
undertake
that should the
Dominion for
the purposes 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 it 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 in this 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 arrangements with the Government of Pakistan
under any such future constitution.
8.
Nothing, in this Instrument affects 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 or 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 27th March 1948. Nineteen hundred and forty
eight
Signed by: His Highness Baglar Begi Khan of Kalat
(Ruler of Kalat State)
I
do hereby accept this Instrument of Accession.
Dated
this 31st March 1948 Nineteen hundred and forty eight
Signed
by: Ma Jinnah
(Governor-General
of Pakistan)

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