Territories of the New Dominions

1. Subject to the provisions of sub-sections (3) and (4) of this section, the territories of India shall be the territories under the sovereignty of His Majesty which, immediately before the appointed day, were included in British India except the territories which under sub-section (2) of this section are to be the territories of Pakistan.

2. Subject to the provisions of sub-sections (3) and (4) of this section the territories of Pakistan shall be (a) the territories which on the appointed day, are included in the Provinces of East Bengal and West Punjab as constituted under the two following sections; (b) the territories which, at the date of the passing of this Act, are included in the Province of Sind and the Chief Commissioner's Province of British Baluchistan; and (c) if, whether before or after the passing of this Act but before the appointed day, the Governor General declares that the majority of the valid votes cast in the referendum which, at the date of the passing of this Act, is being or has recently been held in that behalf under his authority in the North-West Frontier Province are in favour of representatives of that Province taking part in the Constituent Assembly of Pakistan, the territories which, at the date of the passing of this Act, are included in that Province.

3. Nothing in this section shall prevent any area being at any time included in or excluded from either of the new Dominions, so, however, that--(a) no area, not forming, part of the territories specified in sub-section (1) or, as the case may be, sub-section (2), of this section shall be included in either Dominion without the consent of that Dominion; and (b) no area which forms part of the territories specified in the said sub-section (1) or, as the case may be, the said sub-section. (2), or which has after the appointed day been included in either Dominion, shall be excluded from that Dominion without the consent of that Dominion.
4. Without prejudice to the generality of the provisions of sub-section (3) of this section, nothing in this section, shall be construed as prevention, the accession of Indian States to either of the now Dominions.