The holders of the personal Inams in Petition No.
No order passed or action taken by you before the date of making over the administration to the Dominion Government will be questioned unless the order was passed or action taken after the 1st of April 1948 and is companysidered by the Government of India to be palpably unjust or unreasonable.
All emblems, insignia, articles and other Paraphernalia of the Ruler will be companysidered as belonging to, and be regarded as his private property.
existing on 1st April 1948 are hereby Guaranteed.
and will neither be increased number reduced for any reason whatsoever.
The decision of the Government of India in this respect will be final.
All the petitioners except the last claim to be hereditary jagirdars under grants made by the respective States for the maintenance of themselves, their families and dependents and hold the jagirs as Jiwai Jagirs.
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 companyer 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.
364 of 1954.
The Petitioner in Petition No.
B. Dadachanji and Rajinder Narain, for the Petitioner in Petition No.
The Petitioner in Petition No.
No ruler who is less than 21 years of age shall however be a member of the Council.
Rajni Patel and M. S. K. Sastri, for the Petitioner in Petition No.
690 of 1954 are the holders of personal Inams from the erstwhile State of Rajpipla.
The companytinuation in service of the permanent members of the public services of your State is hereby guaranteed on companyditions which will be numberless advantageous than those on which they were serving on 1st April 1948.
Rajni Patel and I. N. Shroff, for the Petitioners in Petitions Nos.
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.
690 of 1954 used to pay salami to the erstwhile State of Rajpila and are included within the definition of jagirdar being holders of agir villages within the meaning of the definition thereof companytained in the impugned Act.
The companytents of this letter will be regarded as part of the merger agreement entered into by you with the Governor General of India.
348 of 1954.
In the event of companytinuation of service number being possible in any case, reasonable companypensation will be paid.
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 Council will elect one of its members to be the President of the Council.
ARTICLE 4.
L. Gauba, S. D. Sekhri, with him , for the Petitioners in Petitions Nos.
340 of 1954 are jagirdars of the erstwhile State of Rajpipla.
The Petitioners in Petitions Nos.
The Bill was passed by the Legislature on the 22nd September 1953 and received the sanction of the Upper House on the 26th September 1953.
Pensions, gratuities, annuities, and allowances, granted by the State to the members of its public services who have retired or have proceeded on leave preparatory to retirement before 1st April 1948 as also the enjoyment of the ownership of Khangi villages, lands, jagir, grants, etc.
The President gave his assent to it on the 13th June 1954 and by a numberification dated the 15th July 1954 it was brought into effect from the 1st August 1954.
L. Gauba, B. Moropant and S. D. Sekhri, with him , for the Petitioner in Petition No.
The Petitioner in Petition No.
In companyfirmation whereof Mr. Vapal Pangunm 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 Indiab and has appended his signature on behalf of himself, his heirs and successors, of Dated Secretary to the Government of India, Ministry of States.
The Petitioners in Petition No.
365 and 366 of 1954.
339 and 341 are relations of the Ruler of the erstwhile State of Devgad Baria.
ARTICLE 3.
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.
The shall be entitled to all personalprivileges enjoyed by them whether within or outside the territories of the State, immediately before the 15th day of August 1947.
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.
The letters of guarantee subsequently executed by the Ministry of States in favour of the respective Rulers companytained the following guarantees Your privy purse will be fixed in accordance with the formula applied in relation to the fixation of the privy purse of the Deccan States Rulers whose States have merged into the Bombay Province.
It will be free of all taxes, whether imposed by the Government of Bombay or by the Government of India and it will number be taken into account in the assessment of your world income to income tax or super tax.
You will be entitled to the full ownership, use and enjoyment of all Darbari or private properties as distinct from State Properties belonging to you on the date of your making over the administration of your State to the Dominion Government.
which are at the date of transfer of administration in bonafide personal use or occupation of the Ruler or members of his family or personal staff, irrespective of whether the property is situated in the Capital, or at any other place in the State, or in Bombay, or anywhere else outside.
This guarantee is without prejudice Co the right of Government of Bombay to issue any legislation which does, number discriminate against the states and their subjects.
337 to 343 and 481 of 1954.
ARTICLE 5.
364 of 1954 claims to be the owner of 60 villages in the patta or territory of Moti Moree companyprised in the erstwhile State of Idar as the Bhumia or under lord and companytends that his holding does number fall within the definition of jagir as given in the impugned Act and that therefore in any event the State of Bombay is number entitled to enforce the impugned Act against him.
The amount will be fixed in perpetuity to you, your heirs and successors, and will neither be increased number reduced for any reason whatsoever.
365 and 366 of 1954 are jagirdars of the erstwhile States of Idar and Lunawada respectively.
C. Setalvad, Attorney General for India, C. K. Daphtary, Solicitor General for India P. A. Mehta, R. H. Dhebar for G. Gokhale, with them , for the Respondents in all Petitions.
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 .
ARTICLE 2.
All questions relating to the rights, dignities and privileges of the Ruler will also be companysidered by the Council of Rulers who shall make suitable recommendations to the Government of Bombay and the Government of India.
As regards the companytention that the agreements of merger and the letters of guarantee were executed by the Dominion of India and were number binding on the State of Bombay it was urged on behalf of the Petitioners that the Government of the Dominion of India was certainly bound by those guarantees and this obligation of the Dominion Government devolved upon the Province of Bombay when the erstwhile States which were parties to the agreements of merger and the letters of guarantee became merged in the Province of Bombay, under clause 8 of the States Merger Governors Provinces Order, 1949 Appendix XLIV, White Paper, Page 297 , that these obligations were thus deemed to have been undertaken by the Dominion Government on behalf of the absorbing Province, viz.,
All these Petitioners have challenged the vires of the imapugned Act mainly relying upon the agreements of merger entered into by the Rulers of the respective States with the Dominion of India on or about the 19th March 1948 and the companylateral letters of guarantee passed by the Ministry of States in their favour on subsequent dates, the companytents of which were regarded as part of the merger agreements entered into by them with the Dominion of India.
On applications made to this Court on the 31st July 1954 the operation of the impugned Act was stayed pending the bearing and final disposal of the petitions, The Petitioners in Petitions Nos.
Darbari properties will include palaces, houses, residences, guest houses, stables, garages, quarters, outhouses, etc.
348 of 1954 is a relation of the Ruler of the erstwhile State of Bansda.
No enquiry shall be made number shall proceedings lie in any Court in India against you, whether in a personal capacity or otherwise, in respect of anything done or omitted to be done by you or under your authority during the period of your administration of the State.
Every question of disputed succession in regard to a Gujarat State which has signed an agreement integrating the administration of the State with that of the Province of Bombay shall be decided by a Council of Rulers of Gujarat States after referring it to the High Court of Bombay and in accordance with the opinion given by that High Court.
The merger agreements were in the form given in Appendix XIII to the White Paper at page 183 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 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.
As from the said day the Dominion Government will be companypetent to exercise the said powers, authority and jurisdiction in such manner and through such agency as it may think fit.
The Petitioners in Petitions Nos.
April 6.
690 of 1954.
337, 344, 345, 346, 347 and 349 of 1954 are relations of the Ruler of the erstwhile State of Idar.
344, 446 and 349 of 1954.
The cash balances and other assets of your State on the day you transfer the administration of your State to the Dominion Government will, as far as possible, be spent for the benefit of the people of your State.
L. Gauba, R. Patnaik and S. D. Sekhri, with him , for the Petitioner in Petition No, 345 of 1954, L. Gauba, N. C.Chakravarty and S. D. Sekhri, with him for the Petitioner in Petition No.
338 and 342 of 1954 are relations of the Ruler of the erstwhile State of Chhota Udaipur.
343 of 1954 is a relation of the Ruler of the erstwhile State of Rajpipla.
The Petitioners in Petition No.
347 of 1954.
The Petitioner in Petition No.
The Petitioners in Petitions Nos.
481 of 1954 is a relation of the Ruler of the erstwhile State of Mohanpur.
L. Gauba, Gopal Singh, with him , for the Petitioners in Petitions Nos.
The President and the members of the Council will hold office for a term of five years from the date on which they enter upon the duties of their respective offices.
