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Tripura, the land of History and Legends

POST INDEPENDENCE

MERGER AGREEMENT ACCESSION INSTRUMENT POPULATION HISTORY

Tripura was princely state till the merger with Indian union of 15th November, 1949. The last king Bir Bikram was in the throne, immediately before India's independence. But he died on 17th May 1947, at Agartala, could not see the dawn of India's independence.

Just prior to India's independence, there was a large scale Hindu Muslim riot in all oever India, it has a worst impact in Noakhali, of the present Bangladesh, many Hindu minorities were killed. M.K. Gandhi was there touring to stop the violence and riots. Many people were forced to leave their ancestral home, large scale migration of refugee took place in Tripura kingdom, the king Bir Bikram Bahadur Manikya gave them shelter, food, clothing, and medical help. This was the beginning of  changing of population ratio of Tripura, as these refugees were later not returned back rather rehabilitated in Tripura.

The tragic death of Last ruling king B.B. Bahadur Manikya was most unfortunate for Tripuri people and in the history of Tripura. After his demise, his minor son Kirri bikram Mannikya took the throne of Tripura kingdom, but he could not rule as he was minor. So his widow queen Kanchan Prabha took the charge of regency of Tripura and took over the administrative charges. She was instrumental for Merger of Tripura kingdom in Indian union. Ultimately the merger agreement was signed by her and came into effect from 15th Nov.1949, and Tripura kingdom ceased to exist and was included in Class C of Indian states.

After the accession of Tripura in Indian union, there were large scale migrations of Hindu Bengali refugee of riots victims from the erstwhile nascent state Pakistan (East). This had created a deep and long lasting impact in the political, social, economical, and racial aspect in Tripura. The native Tripuri people, who were majority, had a ruling king and administrative control over thousands of years had been reduced to minority. This is clearly reflected in the Census report of 1961 AD. The economic and political power of Tripuri people had been reduced to naught, as in democracy numbers matters not originality. The pivot of power had shifted from native Tripuri people to recently migrated refugee Hindu Bengali. This development had created resentment among educated Tripuri people, as the annoyance piled up gradually, it had reached to the threshold in the 1980, resulting in Tripuri-Bengali riot, which saw killing of many innocent people, mainly of minority native Tripura people.

There have been multiple impact of demographic changes that took place in Tripura following refugees settlement from erstwhile  East Pakistan in the after math of India'a independence and partition. Apart from the political, economical, social impacts it has also affected the Cultural and topographical aspect of Tripura. Most of the names of different villages, hamlets, rivers, tributaries, markets, area, hills, hillocks, towns etc had been Changed to suit the tongue of refugees, who had since became majority population. This created the impression that Tripura state did not belonged to Native Tripuri people, rather it created the idea that the land had since been occupied by Indo-Arian language speakers, which it was not till mid 20th century in true senses. These are just a tip of ice berg, the list if added it would make almost all the geographical names of Tripura.

TRIPURA MERGER AGREEMENT

      AGREEMENT made this the ninth day of September 1949, between the Governor-General of India and His Highness the Maharaja of Tripura.
WREREAS in the best interest of the State of Tripura 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  

The Maharaja of Tripura 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 fifteenth day of October, 1949 (hereafter 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

The Maharaja shall with affect from the said day be entitled to receive from revenues of the State annually for his privy purse the sum of Rupees Three lakes and thirty Thousand only 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 be drawn by the Maharaja in four equal installments 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 - III    

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.

The Maharaja will furnish to the Dominion Government before the 10 th October, 1949. an inventory of all the immovable property, securities and cash balances held by him as such private property.

if any dispute arises as to whether any item of property is the private property of the Maharaja of State property it shall by referred to a judicial officer qualified to be appointed as High Court judge, and the decision of that officer shall be final and binding on both parties.

Article - IV  

The Maharaja shall be entitled to all the personal rights, privileges, immunities and dignities enjoyed by him as the Ruler of Tripura. whether within or without the state.

Article - V  

All the members of the Maharaja's family including Her Highness the Rajmata 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 15 th day of August, 1949.

Article - VI  

The Dominion Government guarantees the succession according to law and custom, to the gaddi of the State and to the Maharaja's personal rights, privileges, dignities and titles.  

Article - VII  

No inquiry shall be made by or under the authority of the Government of India, and no proceedings shall lie in any Court of Tripura, against His Highness the Maharaja or His Highness the Regent whether in a personal capacity or otherwise, in respect of anything done or committed to be done by them under their authority during the period of the Regency administration of the state.

Article - VIII  

The Government of India hereby guarantees either the continuance in service of the permanent members of the public services of Tripura on conditions which will be no less advantageous than those on which they were serving before the date on which the administration of Tripura is made over to the Government of India of the payment of reasonable compensation

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 one 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 Pangunni Menon, adviser to the Government of India in the Ministry of States, appended his signature on behalf and with the authority of the Governor-General of India and His Highness  Maharaja Kanchan Prabha Devi, Maharani Regent of Tripura, has appended her signature on behalf of His Highness Maharaja Manikya Kirit Bikram Kishore Dev Barma Bahadur, the minor Ruler of Tripura his heirs and successors.

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INSTRUMENT OF ACCESSION

WHEREAS, the Indian Independent Act, 1947 provides that as from the fifteenth day of August, 1947 there shall be set up an Independent Dominion known as INDIA, and that the Government of India Act, 1935 shall with such omissions, additions, adaptations and modification as the Governor-General may be order specify be applicable to the Dominion of India.
AND WHEREAS the Government of India Act, 1953 as so adapted by the Governor-General provides that an Indian state may secede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.
NOW THEREFORE I, Kanchan Prabha Devi, Maharani Regent of Tripura state in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and

1.       I hereby d Clare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion of legislature, the Federal Court and 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 of the Dominion exercise in relation to the State of TRIPURA (hereinafter referred to as 'the State') such functions as my be vested in them by or under the Government of India Act, 1953, as in force in the Dominion of India on the 15 th day August, 1947 (which Act as so in force in hereinafter referred to as 'the Act') and I further declare that the Dominion of India may, through such agency of agencies and in such manner, as it thinks fit exercise in relation to the administration of civil and criminal justice in this State all such powers, authorities and jurisdiction as were at any time exercisable by His Majesty's representative for the exercise of the functions of the Crown in its relations with Indian states.

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.       Without prejudice to the provisions of paragraph 1, I accept the matters specified in the scheduled here to 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 India on the assurance that it an agreement is made between the Governor-General and the ruler of this State whereby and function in relation to the administration in this State of any law of 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 and have effect according,

5.       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,

6.       Nothing is 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 purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request the land at their expense or if the land belong 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 Delhi.

7.       Nothing in this Instrument shall be deemed to commit me in any way to acceptance of and future constitution of India or to fetter my discretion to enter into arrange ment with the government of India 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 owers, 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 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 13 th day of August, Nineteen hundred and forty - seven.

Sd/ Kanchand Prabha Devi Maharani Regent of Tripura

I do hereby accept this Instrument of Accession. Dated this 13 th day of August, Nineteen hundred and forty - seven.

Sd/Louis Mounthaten Governor-General of India .

 

SCHEDULE

The matters with respect to which the Dominion legislature may make laws for this State

A. DEFENCE

  1. The naval, military and air force of the Dominion and any other armed forces raised or maintained by the Dominion, any armed forces, including forces raised or maintained by an Acceding state, which are attached to, or operating with, any of the armed forces of the Dominion.
  2. Naval, military and air force works, administration of cantonment areas.
  3. Arms, fire-arms, ammunition.
  4. Explosive.

B. EXTERNAL AFFAIRS

  1. External affairs the implementing of treaties and agreements with other countries, including the surrender of criminals and accused persons to parts of His Majesty's Dominion outside India.
  2. Administration into, and emigration and expulsion from, India, indluding in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India or subjects of any acceding State, pilgrimages to places beyond India.
  3. Naturalization.

C. COMMUNICATION

  1. Posts and telegraphs, wireless broadcasting and other like forms of communication.
  2. Federal railway, the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and service terminal changes, interchange of traffic and the responsibility of railways administrations as carrier of goods and passengers, the regulation of minor railways in respect of safety and responsibility of the administration of such railways as carriers of goods and passengers.
  3. Maritime shipping and navigation, including shipping and navigation on tidal waters, admiralty jurisdiction.
  4. Port quarantine
  5. Major ports, that is to say, the declaration and administration of the ports, and the constitution and powers of port Authorities therein.
  6. Aircraft and Air navigation, the provision of aerodromes regulation and organization of Air traffic and of aerodromes.
  7. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.
  8. Carriage of passengers and goods by sea or by air
  9. Extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit.

D. ANCILLARY  

1.       Elections to the Dominion Legislature, subject to the provisions of the Act and of any order made there under.

2.       Offence against laws with respect to any of the aforesaid matters.

3.       Inquiries and statistics for the purpose of any of the aforesaid matters.

4.       Jurisdiction and powers of all courts with respect to any of the aforesaid matters, but except with the consent of the Ruler of the acceding state, not so as to confer any jurisdiction and powers upon any courts other courts ordinarily exercising jurisdiction in or in relation to that State.  

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