| AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND RELATING TO AIR SERVICES Bangkok, 12 June 1956 The Government of India and the Government of the Kingdom of Thailand, DESIRING to conclude an agreement for the operation of air
services between and beyond their respective territories, AGREE as follows : Article I Each Contracting Party grants to the other Contracting Party the right to operate the air services specified in the Annex to this
Agreement (hereinafter referred to as the "specified air services") on the routes specified in the said Annex (hereinafter
referred to as the "specified air routes"). Article II A. Each of the specified air services may be inaugurated immediately or at a later date at the option of the Contracting Party to
whom the right under this Agreement are granted, on condition that (1) the Contracting Party to whom the rights have been granted
shall have designated an airline or airlines [hereinafter referred to as the "designated airline(s)"] for the specified
air routes concerned, and (2) the Contracting Party which grants the rights shall have given the appropriate operating permission
to the airline concerned pursuant to paragraph B of this Article which it shall do with the least possible delay. B. A designated airline may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights that
it is qualified to fulfil the conditions prescribed by or under the laws and regulations normally applied by those authorities to
the operation of international commercial air services. C. The operation of each of the specified air services shall be subject to the agreement of the Contracting Party concerned that its
route organisation available for Civil Aviation on the specified air route is adequate for the safe operation of air services. Article III The designated airlines of each Contracting Party operating the specified air services may, subject to the provisions of Article IV,
set down or pick up in or carry across the territory of the other Contracting Party, at the points specified in the Annex, internationdl
traffic originating in or destined for the territory of the former Contracting Party or of a third country on the specified air route
concerned. Article IV A. The aeronautical authorities of the Contracting Parties shall jointly determine in respect of an agreed period the total capacity
required for the carriage, at a reasonable load factor, of all traffic that is to say passengers, cargo and mail, which may reasonably
be expected to originate in the territory of each Contracting Party and to be disembarked in the territory of the other Contracting
.Party on the specified air services to be operated during that period on each of the specified air routes. B. Subject to the provisions of paragraph C. of this Article each Contracting Party shall have the right to authorise its designated
airlines to make available for the carriage of the traffic specified in paragraph A. of this Article whether on services terminating
in or on services passing through the territory of the other Contracting Party half the capacity for the specified air services determined
in accordance with the provisions of the said paragraph A. C. (1) If the designated airlines of either Contracting Party are not able or willing to provide the whole of the capacity to which
that Contracting Party is entitled in accordance with paragraph B. of this Article, the aeronautical authorities of the Contracting
Parties shall authorise the designated airlines of the other Contracting Party to provide additional capacity equal to the difference
between the capacity actually provided by the designated airlines of the first Contracting Party and the capacity to which that Contracting
Party is entitled under the said paragraph B. (hereinafter referred to as "the deficient capacity"). (2) If the designated airlines of one Contracting Party which have been providing less than the capacity to which that Contracting
Party is entitled become able and willing to provide the whole or part of the deficient capacity, they may serve a notice of not
less than three months to this effect on the aeronautical authorities of both Contracting Parties and also on the airlines which
have been providing the additional capacity. In such event, and unless both the said aeronautical authorities direct within 30 days
of the receipt of the notice that the notice shall not take effect, the latter airlines shall on or before the expiry of the said
notice accordingly withdraw the whole or part of the additional capacity which they had been providing and the former airlines shall
then provide the deficient capacity or part thereof, as the case may be. D. The designated airlines of either Contracting Party may set down and pick up in the territory of the other Contracting Party traffic
coming from or destined for third countries on any specified air route(s), only in accordance with the following provisions : (1)
If such third country is situated between the territories of the Contracting Parties, any part of the capacity provided by those
airlines in accordance with the provisions of paragraphs A., B. and C. of this Article may be used for this purpose. (2) If such third country is situated beyond the territory of the other Contracting Party, the capacity that may be used for this
purpose shall be such as shall be agreed between the aeronautical authorities of both Contracting Parties as being unlikely to prejudice
unduly, during an agreed period, the interest of the airlines of the other Contracting Party operating between the latter's territory
and the third country concerned. E. In order to meet seasonal fluctuations or unexpected demands of a temporary character the designated airlines may agree upon such
temporary increases in the agreed capacities as are necessary to meet the traffic need. Any such increases shall be reported forthwith
to the aeronautical authorities of the Contracting Parties either of whom may disapprove such increases. Upon such disapproval such
increases shall cease to operate. (1) In this Article, "agreed period" means the first six months from the date this Agreement comes into force and thereafter
every succeeding period of six months unless otherwise agreed between the aeronautical authorities. (2 The capacity to be provided shall be discussed in the first instance between the designated airlines of the Contracting Parties
and, if possible, agreed between them. The aeronautical authorities of both Contracting Parties shall have the right to be represented
at these discussions. (3) Any agreement so reached between the designated airlines of the Contracting Parties shall be subject to the approval of the aeronautical
authorities of the Contracting Parties. Such approval by the aeronautical authorities shall constitute an agreement as required by
paragraphs A., C. and D. of this Article. (4) If the aeronautical authorities of the Contracting Parties fail to agree on any matter on which their agreement is required under
the provisions of this Article the Contracting Parties themselves shall endeavour to reach agreement thereon. If the Contracting
Parties fail to reach such agreement the provisions of Article X of this Agreement shall apply. (5) Pending the completion of any review of capacity in accordance with the provisions of this Article the designated airlines of
the Contracting Parties shall be entitled to continue to make available the capacities provided in their existing air services. Article V A. The tariffs to be charged for the carriage of passengers and cargo on any of the specified air services shall be fixed at reasonable
levels, due regard being paid to all relevant factors, including economical operation, reasonable profit, difference of characteristics
of service (including standards of speed and accommodation) and the tariffs charged by other airlines on the route or section thereof
concerned. B. The tariffs in respect of each route and each section thereof shall be agreed between the designated airline concerned and shall
have regard to any relevant rates adopted by the International Air Transport Association. The tariffs so agreed shall be subject
to the approval of the aeronautical authorities of both Contracting Parties, except that the approval of the aeronautical authorities
of a Contracting Party shall not be necessary in respect of tariffs for a route or section in which no designated airline of that
Contracting Party is concerned. In the event of disagreement between the designated airlines concerned or in case the aeronautical
authorities do not approve the tariffs as required under this paragraph, the Contracting Parties shall endeavour to reach agreement
between themselves failing which the dispute shall be dealt with in accordance with Aricle X. Pending determination of the tariffs
in accordance with this Article, the tariffs already in force shall prevail. C. Nothing in this Article shall be deemed to prevent either Contracting Party, in agreement with the other Contracting Party, from
bringing into force tariffs fixed in accordance with practice recommended from time to time by the International Civil Aviation Organisation.
Article VI A. Supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores introduced into or taken on board aircraft
of the designated airline of one Contracting Party in the territory of the other Contracting Party and remaining on board on departure
from the last airport of call in the territory shall be accorded, with respect to customs duty, inspection fees or similar charges:
treatment not less favourable than that granted by the second Contracting Party to its national airlines engaged in international
public transport, provided that neither Contracting Party shall be obliged to grant to the designated airlines of the other Contracting
Party exemption or remission of customs duty, inspection fees or similar charges unless such other Contracting Party grants exemption
or remission of such charges to the designated airlines of the first Contracting Party. B. If, in the opinion of the aeronautical authorities of one of the Contracting Parties, the administration of regulations relating
to customs, immigration, quarantine and similar matters in the territory of the other Contracting Party imposes an onerous burden
on its designated airlines in the operation of the air services pursuant to this Agreement, the aeronautical authorities of such
other Contracting Party shall, upon request, enter into consultation to examine the situation. Article VII A. The aeronautical authorities of each Contracting Party shall supply to the aeronautical authorities of the other Contracting Party
on request. (1) Information concerning the authorisations extended to its designated airlines to operate the specified air services; (2) Such traffic statistics as may be appropriate for the purpose of reviewing the capacity of the specified air services; (3) Such periodical statements as may reasonably be required relating to the traffic carried by the designated airlines on the specified
air services including information concerning the origin and destination of such traffic; and (4) Such other information in respect of the operation of the specified air services as may be required to enable the aeronautical
authorities to satisfy themselves that the requirements of this Agreement are being duly observed. B. Each Contracting Party shall cause its designated airlines to supply to the aeronautical authorities of the other Contracting Party,
as long in advance as practicable, copies of time tables and tariff schedules and particulars concerning the types of aircraft to
be operated on the specified air services. Article VII A. Each Contracting Party reserves the right to withhofd or revoke or impose such appropriate conditions as it may deem necessary
with respect to an operating permission to a designated airline of the other Contracting Party, if (1) the first Contracting Party is not satisfied that substantial ownership and effective control of such designated airline are vested
in the other Contracting Party or its nationals. (2) such designated airline fails to comply with the laws and - regulations of the first Contracting Party, or (3) in the judgment of the first Contracting Party, there is a failure to fulfill the conditions under which the rights are granted
to the other Contracting Party in accordance with this Agreement. B. Except in the care of failure to comply with laws and regulations, such action shall be taken only after due notice has been given
to the designated airline concerned and after opportunity has been given for consultation between the Contracting Parties. In the
event of action by one Contracting Party under this Article the rights of the other Contracting Party under Article X shall not be
prejudiced. Article IX A. In a spirit of close collaboration, the aeronautical authorities of the two Contracting Parties will consult regularly with a view
to assuring the observance of the principles and the implementation of the provisions contained in this Agreement. B. Either Contracting Party may at any time request consultation with the other with a view to initiating any amendments of this Agreement
which it may deem desirable. Such consultation shall begin within a period of sixty days from the date of the request. Any modification
of this Agreement agreed as a result of such consultation shall come into effect when it has been confirmed by an exchange of diplomatic
notes. C. Changes made by either Contracting Party in the intermediate stopping places on the specified air routes authorised to its designated
airlines except those which (1) change the places served by a designated airline in the territory of the other Contracting Party, or (2) result in the route ceasing to be reasonably direct, shall not be considered as modifications of this Agreement and either Contracting
Party may therefore make such changes, provided that notice of any such changes shall be given without delay to the aeronautical
authorities of the other Contracting Party. If the aeronautical authorities of such second Contracting Party find that the principles
set forth in Article IV of this Agreement are thereby infringed and such infringment affects the interests of any of their airlines
because of the carriage by a designated airline of the first Contracting Party of traffic between the territory of the second Contracting
Party and the new point in the territory of a third country the aeronautical authorities of the second Contracting Party may request
consultations in accordance with the provisions of paragraph A. of this Article. D. Whether or not the procedure for consultation provided for in paragraph B. of this Article has been initiated, either Contracting
Party may at any time give notice to the other of its desire to terminate this Agreement and such notice shall be simultaneously
communicated to the International Civil Aviation Organisation. This Agreement shall terminate one year after the date of receipt
by the other Contracting Party of the notice to terminate unless the notice is withdrawn by agreement before the expiration of such
period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received
fourteen days after the receipt of the notice by the International Civil Aviation Organisation. Article X A. If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement or
of its annex the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves. B . If the Contracting Parties fail to reach a settlement by negotiation, (1) they may agree to refer the dispute for decision to an arbitral tribunal or some other person or body appointed by agreement between
them; or (2) if they do not so agree or if, having agreed to refer the dispute to an arbitral tribunal, they cannot reach agreement as to its
composition, either Contracting Party may submit the dispute for decision to any tribunal competent- to decide it established within
the International Civil Aviation Organisation or if there be no such tribunal, to the International Court of Justice. C. The Contracting Parties undertake to comply with any decision given, including any interim recommendation made, under paragraph
B. of this Article. D. If and so long as either Contracting Party or a designated airline of either Contracting Party fails to comply with the requirements
of paragraph C. of this Article, the other Contracting Party may limit, withhold or revoke any rights which it has granted by virtue
of the present Agreement and its Annex. Article XI This Agreement shall come into force on the date of signature. Article XII In the event of the coming into force of a multilateral agreement concerning international air transport to which both Contracting
Parties adhere, this Agreement shall be modified to conform with the provisions of such multilateral agreement. Article XIII To the extent to which they are applicable to the air services established under the present Agreement the provisions of the Convention
shall remain in force in their present form between the Contracting Parties for the duration of the Agreement as if they were an
integral part of the Agreement, unless both Contracting Parties ratify any amendment to the Convention which shall have duly come
into force in which case the Convention as amended shall remain in force for the duration of the present Agreement. Article XIV A. For the purpose of this Agreement the terms "territory", "air service" and "airline" shall have the
meanings specified in the Convention on International Civil Aviation opened for signature on the seventh day of December, 1944, in
this Agreement referred to as "the Convention". B. The term "aeronautical authorities" shall mean in the case of Thailand, the Director General of the Department of Transport,
Ministry of Communications, Thailand, and in the case of India, The Director General of Civil Aviation, India, and in both cases
any person or body authorised to perform the functions exercised by the above mentioned authorities. C. The term "capacity" in relation to a specified air service means the extent of accommodations provided and permitted
under this Agreement for the carriage of passengers, cargo and mails on the route or section of a route concerned during an agreed
period. D. The annex to this Agreement shall be deemed to be part of the Agreement and all references to the "Agreement" shall include
reference to the Annex, except where otherwise expressly provided. IN WITNESS WHEREOF the undersigned, being duly authorised thereto
by their respective Governments, have signed the present Agreement. DONE this 12th day of June, 1956, in duplicate at Bangkok in
the English language. (Sd.) P. ACHUTHA MENON, For the Government of India. (Sd.) WAN WAITHAYAKON, Krommiln Naradhip Bongsprabandh For the Government of the Kingdom of Thailand. ---------- ANNEX ----------- SECTION I The airline(s) designated by the Government of the Kingdom of Thailand shall be entitled to operate air services in both directions
on the route(s) specified in this section and to land for traffic purposes in the territory of India at each of the points specified
: (1) THAILAND-points in BURMA and EAST PAKISTAN- CULCUTTA and beyond. (2) THAILAND-points in BURMA and EAST PAKISTAN- CALCUTTA-points in CEYLON and beyond. SECTION II The airline(s) designated by the Government of India shall be entitled to operate air services in both directions on the route(s)
specified in this section and to land for traffic purposes in the territory of Thailand at each of the points specified : (1) INDIA-points in EAST PAKISTAN and BURMA- BANGKOK and, if desired, points in INDO-CHINA-a point in the PHILIPPINES-a point in MALAYA-a
point in INDONESIA-a point in NEW GUINEA-a point in BORNEO-points in AUSTRALIA and/or FIJI or beyond. (2) INDIA-points in EAST PAKISTAN and BURMA- BANGKOK-points in INDO-CHINA-a point in the PHILIPPINES-HONGKONG-points in CHINA and
JAPAN, and, if desired, beyond. SECTION III Points on any of the specified routes may, at the option of the designated airline, be omitted on any or all flights. SECTION IV No specified air service shall be operated unless the starting point or the terminal point of the service lies within the territory
of the Contracting Party designating the airline.
No. 4330/83/2/56. EMBASSY OF INDIA, BANGKOK, June, 12th, 1956. Monsieur le MINISTER, I have the honour to refer to the agreement between the Government of India and the Government of the Kingdom of Thailand relating
to air services, which was signed on behalf of both Governments to-day, and to recored hereunder the understanding of the Government
of India conerning the following matter : That either Contracting Party shall be entitled to realise in its territory, in respect
of aircraft of the other Contracting Party, on a reciprocal basis the same aerodrome and route charges, including fees for landing,
housing, communication, navigation, meterological and other facilities as are charged from its designated airline in the territory
of the other Contracting Party. I have the honour to request your confirmation of the understanding recorded herein and to suggest
that this Note and the reply thereto should constitute an agreement between our two Governments in this regard. I avail myself of
this opprotunity, Monsieur le Ministre, to renew to Your Royal Highness the assurence of my highest consideration. (Sgd.) PARAKAT ACHUTHA MENON, Ambassador of India in Thailand. His ROYAL HIGHNESS
Prince NARADHIP BONGSPRABANDH, Minister of Foreign Affairs, BANGKOK _______________________ No. 17381/2499.
Ministry of Foreign Affairs, Saranrom Palace, 12th June, B.E. 2499. Monsieur le'AMBASSADEUR, I have the honour to acknowledge the receipt of Your Excellency's Note No. 4330/83/2/56, dated the 12th June, 1956, which reads as
follows "I have the honour to refer to the Agreement between the Government of India and the Government of the Kingdom of Thailand relating
to air services, which was signed on behalf of both Governments today, and to record hereunder the understanding of the Government
of India concerning the following matter : "That either Contracting Party shall be entitled to realise in its territory, in
respect of aircraft of the other Contracting Party, on a reciprocal basis, the same aerodrome and route charges, including fees for
landing, housing, communication, navigation, meteorological and other facilites as are charged from its designated airline in the
territory of the other Contracting Party. I have the honour to request your confirmation of the understanding recorded herein and
to suggest that this Note and the reply thereto should constitute an agreement between our two Governments in this regard".
In reply, I have the honour to inform your Excellency that the Government of the Kingdom of Thailand approve of the understanding
recorded in the above Note and agree that your Excellency's Note and the present reply shall constitute an agreement between our
two Governments in this regard. I avail myself of this opportunity, Monsieur V Ambassadeur to renew to Your Excellency the assurance of my highest consideration.
(Sgd.) NARADHIP, Ministry of Foreign Affairs, His Excellency Monsieur P. ACHUTHA MENON, Ambassador Extraordinary and Plenipotentiary of India, Bangkok.
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