~ Dynamics of Foreign Policy and Law ~ ~Dynamics of Foreign Policy and Law a study of Indo-Nepal Relations
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General His Excellency Maharaja Sir Chandra Shumshere Jung Bahadur Rana, G.C.B., G.C.S.I., G.C.M.G., G.CV.O., D.C.L., Prime Minister and Marshal of Nepal. Copy of a letter No. 2984, dated the 12th October 1920, from the Chief Secretary to the Government of the United Provinces, to the British Envoy at the Court of Nepal. 1. With reference to your letter No. 3789, dated the 25th August 1920,1 am directed to say that the land to be acquired in Nepal in connection with the Sarada-Kitcha feeder project, is 4093.88 acres. The land this Government is offering the Nepal Government in exchange is noted in the margin.
~Orders have been issued to the British authorities concerned for the demarcation, on site, of this land and arrangements for the exchange will be made as soon as the land in Nepal and British territory has been demarcated. 2. The summary of the terms regarding the supply of water from the canal to the Nepal Government as given in His Excellency the Prime Minister of Nepal's letter is correct. 3. As regards the ownership of the trees felled in demarcating the land in Nepal, I am to say that as it will be necessary to cut up and remove these trees so as to clear the line, this Government would suggest that to avoid delay, the trees should be regarded as belonging to the Irrigation Branch of this province, who could then arrange to the Irrigation-Branch of this province to dispose of them immediately. Similarly the trees felled in demarcating the land in British India for transfer to Nepal, may be regarded as belonging to the Durbar if it will arrange to clear them away without delay. This arrangement seems to be simple and equitable as it is probable that the trees felled in demarcating the land in Nepal will balance the number of trees felled in demarcating the land in British territory. 4. I am to add that the remaining trees on the land will be exchanged along with the land. The Nepal Durbar is not likely to lose by the exchange as the land which this Government is offering in exchange comprises valuable forest and grazing ground. ~Appendix VI Treaty or Friendship between Great Britain and Nepal, Kathmandu, 21 December 1923 WHEREAS peace and friendship have now existed between the British Government and the Government of Nepal since the signing of the Treaty of Segowlie on the 2nd day of December 1815, and whereas since that date the Government of Nepal has ever displayed its true friendship for the British Government and the British Government has as constantly shown its goodwill towards the Government of Nepal; and whereas the Governments of both the countries are now desirous of still further strengthening and cementing the good relations and friendship which have subsisted between them for more than a century; the two High Contracting Parties having resolved to conclude a new Treaty of Friendship have agreed upon the following Articles: Article I There shall be perpetual peace and friendship between the Governments of Great Britain and Nepal, and the two Governments agree mutually to acknowledge and respect each others independence, both internal and external. Article II All previous treaties, agreements and engagements, since and including the Treaty of Segowlie of 1815, which have been concluded between the two Governments are hereby confirmed, except so far as they may be altered by the present Treaty. Article III As the preservation of peace and friendly relations with the neighbouring States whose territories adjoin their common frontiers is to the mutual interests of both the High Contracting Parties, they hereby agree to inform each other of any serious friction or misunderstanding with those States likely to rupture such friendly relations, and each to exert its good offices as far as may be possible to remove such friction and misunderstanding. ~Article IV Each of the High Contracting Parties will use all such measures as it may deem practicable to prevent its territories being used for purposes inimical to the security of the other. Article V In view of the longstanding friendship that has subsisted between the British Government and the Government of Nepal and for the sake of cordial neighbourly relations between them, the British Government agrees that the Nepal Government shall be free to import from or through British India into Nepal whatever arms, ammunition, machinery, warlike material or stores may be required or desired for the strength and welfare of Nepal, and that this arrangement shall hold good for all time as long as the British Government is satisfied that the intentions of the Nepal Government are friendly and that there is no immediate danger to India from such importations. The Nepal Government, on the other hand, agrees that there shall be no export of such arms, ammunition, etc., across the frontier of Nepal either by the Nepal Government or by private individuals. If, however, any Convention for the regulation of the Arms Traffic, to which the British Government may be a party, shall come into force, the right of importation of arms and ammunition by the Nepal Government shall be subject to the proviso that the Nepal Government shall first become a party to that Convention, and that such importation shall only be made in accordance with the provisions of that Convention. Article VI No Customs duty shall be levied at British Indian ports on goods imported on behalf of the Nepal Government for immediate transport to that country provided that a certificate from such authority as may from time to time be determined by the two Governments shall be presented at the time of importation to the Chief Customs Officer at the port of import setting forth that the goods are the property of the Nepal Government, are required for the public services of the Nepal Government, are not for the purpose of any State monopoly or State trade, and are being sent to Nepal under orders of the Nepal Government. ~The British Government also agrees to grant the in respect of all trade goods, imported at British Indian ports for immediate transmission to Kathmandu without breaking bulk en route, of a rebate of the full duty paid, provided that in accordance with arrangements already agreed to, between the two Governments, such goods may break bulk for repacking at the port of entry under Customs supervision in accordance with such rules as may from time to time be laid down in this behalf. The rebate may be claimed on the authority of a certificate signed by the said authority that the goods have arrived at Kathmandu with the customs seals unbroken and otherwise untampered with. Article VII This Treaty signed on the part of the British Government by Lieutenant-Colonel W.F.T. O'Connor, C.I.E., C.V.O., British Envoy at the Court of Nepal, and on the part of the Nepal Government by General His Highness Maharaja Sir Chandra Shumshere Jung Bahadur Rana, G.C.B., G.C.S.I., G.C.M.G., G.C.V.O., D.C.I., Thong-lin Pimma-Kokang-Wang-Syan, Prime Minister and Marshal of Nepal, shall be ratified and the ratification shall be exchanged at Kathmandu as soon as practicable.' Signed and sealed at Kathmandu this the twenty-first day of December in the year one thousand nine hundred and twenty-three Anno Domini corresponding with the sixth Paush, Sambat Era one thousand nine hundred and eighty. W.F.T. O ' CONNOR, lt.-col. British Envoy at the Court of Nepal Chandra Shamshere Prime Minister and Marshal of Nepal of (Under Vernacular Translation Treaty) 1 Ratifications exchanged in Kathmandu on 8 April 1925. ~APPENDIX VII Treaty or Peace and Friendship between India and Nepal, Kathmandu, 31 July 1950 THE Government of India and the Government of Nepal, recognizing the ancient ties which have happily existed between the two countries for centuries; Desiring still further to strengthen and develop these ties and to perpetuate peace between the two countries; Have resolved therefore to enter into a Treaty of Peace and Friendship with each other and have, for this purpose, appointed as their plenipotentiaries the following persons, namely, The Government of India: His Excellency Shri Chandreshwar Prasad Narain Singh, Ambassador of India in Nepal. The Government of Nepal: Maharaja Mohun Shamsher Jang Bahadur Rana, Prime Minister and Supreme Commander-in-Chief of Nepal, who, having examined each other's credentials and found them good and in due form have agreed as follows: Article I There shall be everlasting peace and friendship between the Government of India and the Government of Nepal. The two Governments agree mutually to acknowledge and respect the complete sovereignty, territorial integrity and independence of each other. Article II The two Governments hereby undertake to inform each other of any serious friction or misunderstanding with any neighbouring state likely to cause any breach in the friendly relations subsisting between the two Governments. Article III In order to establish and maintain the relations referred to in Article I the two Governments agree to continue diplomatic relations with each ~other by means of representatives with such staff as is necessary for the due performance of their functions. The representatives and such of their staff as may be agreed upon shall enjoy such diplomatic privileges and immunities as are customarily granted by international law on a reciprocal basis: Provided that in no case shall these be less than those granted to persons of a similar status of any other State having diplomatic relations with either Government. Article IV The two Governments agree to appoint Consuls-General. Consuls, Vice-Consuls and other consular agents, who shall reside in towns, ports and other places in each other's territory as may be agreed to. Consuls-General, Consuls, Vice-Consuls and consular agents shall be provided with exequaturs or other valid authorization of their appointment. Such exequatur or authorization is liable to be withdrawn by the country which issued it, if considered necessary. The reasons for the withdrawal shall be indicated wherever possible. The persons mentioned above shall enjoy on a reciprocal basis all the rights, privileges, exemptions and immunities that are accorded to persons of corresponding status of any other State. Article V The Government of Nepal shall be free to import, from or through the territory of India, arms, ammunition or warlike material and equipment necessary for the security of Nepal. The procedure for giving effect to this arrangement shall be worked out by the two Governments acting in consultation. Article VI Each Government undertakes, in token of the neighbourly friendship between India and Nepal, to give the nationals of the other, in its territory, national treatment with regard to participation in industrial and economic development of such territory and to the grant of concessions and contracts relating to such development. ~Article VII The Governments of India and Nepal agree to grant, on a reciprocal basis, to the nationals of one country in the territories of the other the same privileges in the matter of residence, ownership of property, participation in trade and commerce, movement and other privileges of a similar nature. Article VIII So far as matters dealt with herein are concerned, this Treaty cancels all previous treaties, agreements and arrangements entered into on behalf of India between the British Government and the Government of Nepal. Article IX This Treaty shall come into force from the date of signature by both Governments. Article X This Treaty shall remain in force until it is terminated by either party by giving one year's notice. [At a Press Conference in New Delhi on 3 December 1959 Prime Minister Mr Jawaharlal Nehru disclosed that letters were exchanged along with the signing of the Treaty which have been kept secret—Editor] (Foreign Policy of India, Text of Documents; Lok Sabha Secretariat, New Delhi: 1966; 56-8) Done in duplicate at Kathmandu this 31st day of July, 1950. (Sd.) Chandreshwar Prasad Narain Singh For the Government of India (Sd.)
Bahadur Rana For the Government of Nepal ~Letter Exchanged with the Treaty Kathmandu Dated the 31st July 1950. Excellency, In the course of our discussions of the Treaties of Peace and Friendship and the Trade and Commerce which have been happily concluded between the Government of India and the Government of Nepal, we agreed that certain matters of detail be regulated by an exchange of letters. In pursuance of this understanding, it is here by agreed between the two Governments: (1) Neither Government shall tolerate any threat to the security of the other by a foreign aggressor. To deal with any such threat, the two Governments shall consult with each other and devise effective countermeasures. (2) Any arms, ammunition or warlike material and equipment necessary for the security of Nepal that the Government of Nepal may import through the territory of India shall be so imported with the assistance and agreement of the Government of India. The Government of India will take steps for the smooth and expeditious transport of such arms and ammunition through India. (3) In regard to Article 6 of the Treaty of Peace and Friendship which provides for national treatment, the Government of India recognize that it may be necessary for some time to come to afford the Nepalese nationals in Nepal protection from unrestricted competition. The nature and extent to this protection will be determined as and when required by mutual agreement between the two Governments. (4) If the Government of Nepal should decide to seek foreign assistance in regard to the development of the natural resources of, or of any industrial project in Nepal, the Government of Nepal shall give first preference to the Government or the nationals of India, as the case may be, provided that the terms offered by the Government of India or Indian nationals, as the case may be, are not less favourable to Nepal than the terms offered by any other Foreign Government or by other foreign nationals. Nothing in the foregoing provision shall apply to assistance that the Government of Nepal may seek from the United Nations Organization or any of its specialized agencies. (5) Both Governments agree not to employ any foreigners whose activity ~may be prejudicial to the security of the other. Either Government may make representations to the other in this behalf, as and when occasion requires. Please accept Excellency, the assurances of my highest consideration. (Sd.) Mohun Shamsher Jang Bahadur Rana Maharaja, Prime Minister and Supreme Commander-in-Chief of Nepal To His Excellency, Shri Chandreshwar Prasad Narain Singh, Ambassador Extraordinary and Plenipotentiary of India at the Court of Nepal, Indian Embassy, Kathmandu ~Appendix VIII The 1954 Agreement on the Koshi Project (as revised in 1966) Amended agreement between His Majesty's Government of Nepal (hereinafter referred to as 'HMG') and the Government of India (hereinafter referred to as the 'Union') concerning the Koshi Project. WHEREAS the Union was desirous of constructing a barrage, headworks and other appurtenant works about three miles upstream of Hanuman Nagar town on the Koshi River with afflux and flood banks, and canals and protective works on land lying within the territories of Nepal for the purpose of flood control, irrigation, generation of hydro-electric power and prevention of erosion of Nepal areas on the right side of the river, upstream of the barrage (hereinafter referred to as the 'Project'). And whereas HMG agreed to the construction of the said barrage, headworks and other connected works by and at the cost of the Union, in consideration of the benefits arising there from and a formal document incorporating the terms of the Agreement was brought into existence on the 25th April, 1954 and was given effect to; And whereas in pursuance of the said Agreement various works in respect of the Project have been completed by the Union while others are in various stages of completion for which HMG has agreed to afford necessary facilities; And whereas HMG has suggested revision of the said Agreement in order to meet the requirements of the changed circumstances, and the Union, with a view to maintaining friendship and good relation subsisting between Nepal and India, has agreed to the revision of Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Details of the project: (i) The barrage is located about 3 miles upstream of Hunuman Nagar town. (ii) The general layout of the barrage, the areas within afflux banks, flood embankments, and other protective works, canals, power house and the lines of communication are shown in the amended plan annexed to this agreement as Amended Annexure A.1 1 Not reproduced here. ~(iii) Any construction and other undertaking by the Union in connection with this Project shall be planned and carried out in consultation with HMG, Provided that such works and undertakings which, pursuant to any provision of this Agreement require the prior approval of HMG shall not be started without such prior approval; And further provided that in situation described in Clause 3 (iii) and Clause 3(iv) intimation to HMG shall be sufficient. (iv) For the purpose of Clauses 3 and 8 of this Agreement the land under the ponded areas and boundaries as indicated by the plan specified in sub-clause (ii) above, shall be deemed to be submerged. 2. Investigation and surveys: (i) Whenever the Chief Engineer of Koshi Project, Government of Bihar may consider any survey or investigation to be required in connection with the said Project, HMG shall, if and in so far as HMG has approved such survey or investigation, authorize and give necessary facilities to the concerned officers of the Union or other persons acting under the general or special orders of such officers to enter upon such land as necessary with such men, animals, vehicles, equipment, plant, machinery and instruments as necessary to undertake such surveys and investigations. Such surveys and investigations may comprise aerial and ground surveys, hydraulic, hydro metic, hydrological and geological surveys including construction of drill holes for surface and sub-surface exploration, investigations for communications and for materials of construction; and all other surveys and investigations necessary for the proper design, construction and maintenance of the barrage and all its connected works mentioned under the Project. However, investigations and surveys necessary for the general maintenance and operation of the Project, inside the project area, may be done by the Union after due intimation to HMG. In this Agreement, the 'Project Area shall mean the area acquired for the Project. (ii) The provisions of sub-clause (i) of this clause shall also apply to surveys and investigations of storage dams or detention dams on the Koshi, soil conservation measures, such as check dams, afforestation, etc., required for a complete solution of the Koshi problems in the future. (iii) The surveys and investigations referred to in sub-clauses (i) and (ii) shall be carried in co-operation with HMG. ~(iv) All data, maps, specimens, reports and other results of surveys and investigations carried out by or on behalf of the Union in Nepal pursuant to the provisions of this clause, shall be made available to HMG freely and without delay. In turn, HMG shall, upon request by the Union, make available to the Union all data, maps, specimens, reports, and other results of surveys and investigations carried out by or on behalf of HMG in Nepal in respect of the Koshi river. 3. Authority for execution of works and use of land and other property: (i) Provided that any major construction work not envisaged in the amended plan (Amended Annexure-A) referred to in clause 1 (ii) shall require the prior approval of HMG, HMG shall authorize the Union to proceed with the execution of the said project as and when the project or a part of the project receives sanction of the said Union and notice has been given by the Union to HMG of its intention to commence work on the respective constructions and shall permit access by the Engineer and all other officers, servants, and nominees of the Union, with such men, animals, vehicles, plant, machinery, equipment and instruments as may be necessary for the direction and execution of the respective constructions, to all such lands and places, and shall permit the occupation, for such period as may be necessary, of all such lands and places as may be required for the proper execution of the respective constructions. (ii) The land required for the purposes mentioned in Clause 3(i) above shall be acquired by HMG and compensation thereof shall be paid by the Union in accordance with the provisions of clause 8 hereof. (iii) HMG shall, upon prior notification, authorize officers of the Union to enter on land outside the limits or boundaries of the barrage and its connected works in case of any accident happening or being apprehended to any of the said works and to execute all works which may be necessary for the purpose of repairing or preventing such damage. Compensation, in every case, shall be tendered by the Union through HMG to the owners of the said land for all accidents done to the same in order that compensation may be awarded in accordance with clause 8 hereof. (iv) HMG will permit the Union to quarry the construction materials required for the project from the various deposits at Chatra, Dharan Bazar or other places in Nepal. Yüklə 1,13 Mb. Dostları ilə paylaş:
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