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TELECOMMUNICATIONS AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND HIS MAJESTY'S GOVERNMENT OF NEPAL [1964] INTSer 12

TELECOMMUNICATIONS AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND HIS MAJESTY'S GOVERNMENT OF NEPAL

New Delhi, 25 June 1964

The Government of India and His Majesty's Government of Nepal,

DESIROUS of establishing telephone and telegraph services between India and Nepal and between Nepal and countries other than India transited via India,

HAVE agreed as follows :

Article 1
Establishment of Telecommunications Services

From a date to be mutually agreed upon, continuously open wireless Telegraph and Radio Telephone Services shall be established between Nepal and India.

Article II
Regulations applicable to Telecommunications Services

1. Except to the extent indicated hereinafter, Wireless Telegraph Service shall be governed by the “Telegraph Regulations” and Radio Telephone Service by the “Telephone Regulations” annexed to the International Telecommunication Convention.

2. The technical and operational aspects of the Wireless Telegraph and Radio Telephone Services shall be decided by mutual consent of the telecommunication Administrations of the Government of India and His Majesty's Government of Nepal.

Article III
Wireless Telegraph Service

1. The charges for telegraph traffic between Nepal and India shall be as listed in the ANNEX attached to this Agreement. His Majesty's Government of Nepal and the Government of India shall have the right to modify their respective charges for telegrams between India and Nepal subject to three months’ notice being given by one Administration to the other.

2. There shall be no sharing of charges on telegraph traffic between India and Nepal. The charges collected on such telegrams, shall be retained by the country of origin.

3. The charges on an outward telegram from Nepal to countries other than India transited via India shall comprise :

(a) terminal share as fixed by His Majesty's Government of Nepal,

plus

(b) a charge for the telegram between India and the country of destination according to the prevailing telegraph tariff between India and that country, subject to such charge in respect of traffic from Nepal being varied if that becomes necessary as a result of consultations/negotiations by the Government of India with the countries concerned.

4· In respect of outward telegrams from Nepal to countries other than India transited via India, His Majesty's Government of Nepal shall retain its own terminal share and credit the balance to the Government of India for further apportionment between India and other countries concerned.

5. In case of inward telegrams to Nepal from countries other than India transited via India, His Majesty's Government of Nepal shall not claim its terminal share at present. If, however, His Majesty's Government of Nepal later desires to get a terminal share on such inward telegrams, the Government of India, when so requested, shall, in consultation with His Majesty's Government of Nepal, negotiate with the country or countries concerned in this regard.

Article IV
Accounting Procedure for Telegraph Service

1. There shall be no accounting in respect of :

(a) telegrams between India and Nepal;

(b) those inward telegrams to Nepal from countries other than India transited via India on which His Majesty's Government of Nepal does not claim its terminal share.

2. (a) The procedure for preparation, submission, verification, acceptance and settlement of accounts shall be in accordance with the appropriate rules in the “Telegraph Regulations” annexed to the International Telecommunication Convention, provided that the payments by the debtor Administration to the creditor Administration shall, for the present, be in Indian currency at the official conversion rate.

(b) For a period which may extend upto two years, the Government of India alone shall maintain the accounts for both the Administrations. The amount due, according to the balance of payment, shall be paid by the debtor Administration to the creditor Administration within three months from the date of the accounts.

Article V
Radio Telephone Services

1. The total charge on a telephone call between Nepal and India shall be the sum total of the terminal shares of Nepal and India. For determining this total charge, India shall be divided into the following two zones :

Zone I : comprising the States of Andhra Pradesh, Gujarat, Kerala, Madras, Maharashtra, Mysore and Orissa; and Union Territories of the Andaman and Nicobar Islands, Goa, Daman and Diu, the Laccadive, Minicoy and Amindivi Islands, Dadra and Nagar Haveli and Pondicherry;

Zone II : comprising the rest of India.

2. The terminal shares of Nepal and India for telephone calls between Nepal and India shall be as follows :

(a) the terminal share of Nepal for calls between India and Nepal shall be rupees five (Indian currency) for the first three minutes or less plus a proportionate charge for each additional minute or part thereof.

(b) the terminal share of India for calls between Nepal and exchanges in Zone I shall be rupees twelve (Indian currency) and for calls between Nepal and exchanges in Zone II shall be rupees eight (Indian currency) for the first three minutes or less plus a proportionate charge for each additional minute or part thereof.

3. His Majesty's Government of Nepal and the Government of India shall have the right to modify their respective terminal shares, subject to three months’ notice being given by one Administration to the other.

4. The country of origin shall collect the charges on telephone calls between India and Nepal and credit the share of the country of destination to that country.

5. On an outward call from Nepal to Pakistan or Ceylon transited via India, the total charge shall comprise :

(a) terminal share of Nepal as fixed by His Majesty's Government of Nepal,

plus

(b) the share of India which will be Rs. 12 for a call of three minutes duration or part thereof for calls to Ceylon and Rs. 8 for a call of three minutes duration or part thereof for calls to Pakistan,

plus

(c) the share of Pakistan and Ceylon according to the prevailing telephone tariffs between India and those countries, subject to this share in respect of traffic from Nepal being varied, if that becomes necessary as a result of consultations/negotiations by the Government of India with those countries.

6. On an outward telephone call from Nepal to countries other than India, Pakistan and Ceylon transited via India, the total charge shall comprise :

(a) terminal share of Nepal as fixed by His Majesty's Government of Nepal,

plus

(b) a charge for the telephone call between India and the country of destination according to the prevailing telephone tariff between India and that country, subject to such charge in respect of traffic from Nepal being varied if that becomes necessary as a result of consultations/negotiations by the Government of India with the countries concerned.

7. In respect of outward telephone calls from Nepal to countries other than India transited via India, His Majesty's Government of Nepal shall retain its own terminal share and credit the balance to the Government of India for further apportionment between India and other countries concerned.

8. In case of inward telephone calls to Nepal from countries other than India transited via India, His Majesty's Government of Nepal shall not claim its terminal share at present. If, however, His Majesty's Government of Nepal later desires to get a terminal share on such inward telephone calls, the Government of India, when so requested, shall, in consultation with His Majesty's Government of Nepal, negotiate with the country or countries concerned in this regard.

Article VI
Accounting Procedure for Telephone Services

1. His Majesty's Government of Nepal and the Government of India shall prepare and forward a monthly statement of accounts to each other in respect of all telephone calls between India and Nepal originating in their respective territories, showing the total amount accruing to the other as its share of revenue from such calls.

2. In respect of calls between Nepal and countries other than India transited via India, the Government of India shall maintain and forward a monthly statement of accounts to His Majesty's Government of Nepal showing the amount due to or from Nepal.

3. (a) The procedures for preparation, submission, verification, acceptance and settlement of accounts shall be in accordance with the appropriate rules in the “Telephone Regulations” annexed to the International Telecommunication Convention, provided that the payments by the debtor Administration to the creditor Administration shall, for the present, be in Indian currency at the official conversion rate.

(b) Notwithstanding the provisions of clause 1 above, in respect of telephone calls between India and Nepal, the Government of India alone shall, for a period which may extend upto two years, maintain the accounts for both the Administrations. During this period, a monthly statement of accounts shall be prepared by the Government of India and forwarded to His Majesty's Government of Nepal in respect of such calls, showing the total amounts accruing to Nepal and India as their respective shares of revenue. The amount due, according to the balance of payment, shall be paid by the debtor Administration to the creditor Administration within three months from the date of the accounts.

Article VII
Entry into Force, Modification and Duration of Agreement

1. This Agreement shall be subject to ratification and shall enter into force from the date on which the instruments of ratification are exchanged at New Delhi. It may be modified from time to time by mutual consent of the two Governments.

2. The Agreement shall continue to be in force until it is terminated by one Government by giving three months’ notice in writing to the other.

IN WITNESS WHEREOF, the undersigned representatives, duly authorised for that purpose, have signed this Agreement in two originals.

DONE at New Delhi, this twenty-fifth day of June in the year 1954.

For the Government of India

Sd/--
S.K. KANJILAL
Member, (Telecommunications Operations)
P & T Board and Ex-Officio Joint Secretary
to the Government of India.

For His Majesty's Government of Nepal

Sd/-
H.P. UPADHYAYA
Chief Engineer,
Telecommunications His Majesty's
Government of Nepal.


ANNEX
(Vide clause 1, Article III)
CHARGES FOR TELEGRAMS BETWEEN INDIA AND NEPAL


Press Telegrams Telegrams other than Press
First 50 words Each additional 5 words First 10 words Each additional word
Ordinary Express Ordinary Express Ordinary Express Ordinary Express
Nepal to India (in Nepali Rs.) 2/40 4/80 -/25 -/50 3/20 6/40 -/30 -/60
India to Nepal (in Indian Rs.) 1.50 3.00 0.15 0.30 2.00 4.00 0.20 0.40


India Bilateral

Ministry of External Affairs, India


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