New Delhi, 16 December 1972 The Government of INDIA
AND
the Royal Government of BHUTAN,
DESIROUS of establishing an exchange of postal parcels between the postal administration of India and Bhutan,
HAVE AGREED as follows
Article 1
EXCHANGE OF PARCELS
There shall be a regular exchange of parcels between the postal administration of India and the Postal Administration of Bhutan.
The exchange of parcels between the two countries shall be performed exclusively through the offices of exchange constituted for
the purpose. The term “Parcels” shall also include “Air Parcels”.
Article 2
GENERAL CONDITIONS FOR EXCHANGE OF PARCELS
1. A parcel shall not exceed 10 kilograms in weight. The length should not exceed one meter. The sum of the length and the greatest
circumference measured in a direction other than that of the length should not exceed 2 meters. A parcel should have a surface measuring
not less than 90 mm x 140 mm.
2. As regard the exact calculations of the weight and dimensions of a parcel, the views of the despatching administration shall be
accepted except in case of an obvious error.
3. Each postal administration shall communicate to the other the regulations relating to the charges for booking of parcels in its
administration for delivery of the other and the amendments made thereto from time to time.
4. The prepayment of postage and other charges on a parcel shall be compulsory except in the case of redirected or a returned parcel.
Article 3
CUSTOMS CHARGES
1. “The parcels are subject to all customs and other import and exchange controls regulations in force from time to time in the country
of destination. The country of destination is entitled to charge a sum not exceeding one gold franc as customs clearance fee for
each parcel subject to customs examination.”
Article 4
1. Postal parcels must not contain any letter, note or document having the character of current and personal correspondence as well
as correspondence of any kind bearing an address other than that of the addressee of the parcel or of persons living with him. It
is, however, permissible to enclose in a parcel an open invoice confined to the particulars which constitute an invoice.
2. It is also prohibited to enclose in a postal parcel :
(a) Article which from their nature or packing may be a source of danger to the officials of the post office or may soil or damage
other parcel;
(b) Explosive, inflammable or dangerous substances (including loaded metal caps, live cartridges and matches);
(c) Live animals (except bees which must be enclosed in boxes so constructed as to avoid all danger to postal officials and to allow
the contents to be ascertained);
(d) Articles of which the importation or circulation is prohibited by law or by the customs or other regulations;
(e) Articles of an obscene and immoral nature; and
(f) Opium, morphine, cocaine and other narcotics.
3. It is moreover prohibited to send coin, bank notes, currency notes, any kind of securities payable to bearer, platinum, gold or
silver whether manufactured or unmanufactured, precious stones, jewels or other precious articles except in insured parcels.
4. A Parcel which has been wrongly admitted shall be returned to the country of origin, unless the postal administration of the country
of destination is authorised by its legislation to dispose of it otherwise. Nevertheless, the fact that a parcel contains a letter
or communication which constitutes current and personal correspondence shall not, in any case, entail its return to the country of
origin.
5. Parcels containing the articles referred to in sub-para 2(b), (d),(e) and (f) of this article shall in no circumstances be forwarded
to their destination, delivered to the addressee or returned to origin. These articles shall be disposed of by the postal administration,
which has found them in the mails in accordance with its own internal regulations.
6. If a parcel wrongly admitted is neither returned to the originating administration nor delivered to the addressee, the postal administration
of the country of origin shall be informed in a precise manner of the treatment accorded to the parcel.
Article 5
ADVICE OF DELIVERY
The Sender may obtain an advice of delivery or acknowledgment of delivery for a parcel under the conditions prescribed for correspondence
by the universal postal union convention.
Article 6
REDIRECTION
1. A parcel may be redirected in consequence of the addressee’s change of address in the country of destination. The postal administration
of the country of destination may collect the redirection charge prescribed by its internal regulations. Similarly, a parcel may
be redirected from one of the two countries to another country provided that the parcel complies with the conditions required for
its further conveyance and provided as a rule that the extra postage is prepaid at the time of redirection or documentary evidence
is produced that the addressee will pay it.
2. Additional charges levied in respect or redirection and not paid by the addressee or his representative shall not be cancelled
in case of further redirection or return to originating administration but shall be collected from the addressee or from the sender
as the case may be, without prejudice to the payment of any special charges incurred which the country of destination does not agree
to cancel.
Article 7
MISSENT PARCELS
Parcels received out of course, or wrongly allowed to be despatched, shall be retransmitted or returned in accordance with the provisions
of article 14 paras 1 and 2 of the detailed regulations.
Article 8
NON DELIVERY
1. The sender may request at the time of posting that, if the parcel cannot be delivered as addressed, it may be either (a) treated
as abandoned, or (b) tendered for delivery at a second address in the country of destination. No other alternative is admissible.
If the sender avails himself of this facility, his request must appear on the cover of the parcel and on the despatch note, if one
is used and must be in conformity with, or analogous to, one of the following terms :
“If not deliverable as addressed, abandon”
“If not deliverable as addressed, deliver to.......”
2. In the absence of such a request by the sender a parcel which cannot be delivered shall be returned to the sender without previous
notification and at his expense after retention for the period prescribed by the regulations of the postal administration of the
country of destination. Nevertheless, a parcel which is definitely refused by the addressee shall be returned immediately.
3. The charges due on returned undelivered parcels shall be recovered in accordance with the provisions of Article 25.
Article 9
CANCELLATION OF CUSTOMS CHARGES
Customs charges on parcels which are returned to the country of origin, abandoned by the senders, destroyed or, redirected to a third
country shall be cancelled.
Article 10
SALE OR DISTRUCTION
Articles of which the early deterioration or decay is to be expected, and these only, may be sold immediately even when in transit
on the outward or return journey, without previous notice or legal formality. If for any reason a sale is impossible the spoilt
or decayed articles shall be destroyed.
Article 11
ABANDONED PARCELS
Parcels which cannot be delivered ot the addressees and which the senders have abandoned shall not be returned by the postal administration
of the country of destination but shall be treated in accordance with its legislation.
Article 12
ENQUIRIES
1. A fee not exceeding internal rate may be charged for every enquiry concerning a parcel. No fee shall be charged if the sender
has already paid the special fee for an advice of delivery.
2. Enquiries shall be admitted only within the period of one year from the day following the date of posting.
3. When an enquiry is the outcome of an irregularity in the postal service, the enquiry fee shall be refunded.
Article 13
INSURED PARCELS - RATES AND CONDITIONS
1. Parcels may be insured upto a limit of 1000 gold francs (i.e. equivalent to Rs. 2450/-) or such other limit as may be agreed.
2. An insurance fee, to be fixed by the postal administration of the country of origin, shall be charged for each 200 gold francs
or part thereof subject to a maximum of one fourth percent of the insured value.
3. The postal administration of origin shall have the right to collect from the sender of an insured parcel a despatch fee (posting
fee) in addition to other charges.
4. A receipt shall be given free of charge to the sender at the time of posting of an insured parcel.
Article 14
FRAUDULENT INSURANCE
1. The insured value may not exceed the actual value of the contents of the parcel and the packing, but it is permitted to insure
only part of this value.
2. The fraudulent insurance of a parcel for a sum exceeding the actual value shall be liable to legal proceedings prescribed by the
legislation of the country of origin.
Article 15
RESPONSIBILITY FOR LOSS OR DAMAGE
1. Except in the cases mentioned in Article 16 the two postal administrations shall be responsible for the loss of parcels and for
the loss, damage or abstraction of their contents or of a part thereof. The sender is entitled under this head to compensation corresponding
to the actual amount of loss, damage or abstraction, for uninsured parcels, the compensation shall not exceed the amount fixed by
legislation of the administration of origin subject to a maximum of 60 gold francs for a parcel not exceeding 10 Kgs in weight.
This limit may be varied by mutual consent of the two postal administrations. For an insured parcel the amount of compensation shall
not exceed the amount for which it was insured.
2. Compensation shall be paid to the addressee when he claim its, either after making reservations when accepting delivery of a pilfered
or damaged parcel, or if he proves that the sender has waived his rights in his favour. In calculating the amount of compensation
indirect loss or loss of profits shall not be taken into consideration.
3. Compensation shall be calculated in accordance with the current price of goods of the same nature at the place and time at which
the goods were accepted for transmission.
4. Where compensation is due for the loss, destruction or complete damage of a parcel or for the abstraction of the whole of the contents,
the sender is entitled to the return of the postage also.
5. In all cases the insurance fee and the despatch (posting) fee if any shall be retained by the postal administration concerned.
Article 16
EXCEPTION TO THE PRINCIPLE OF RESPONSIBILITY
The two postal administrations shall be relieved of all responsibility :
(i) for the loss or theft from or damage to parcels :
(a) In circumstances beyond control (force majeure);
(b) When their responsibility not having been proved otherwise, they are unable to account for parcels in consequence of the destruction
of official documents through a cause beyond control (force majeure);
(c) when the damage has been caused by fault or negligence of the sender, or when it arises from the nature of the contents of the
parcel;
(d) when the contents fall within prohibitions specified in Article 4, in so far as these parcels have been confiscated or destroyed
by the postal administration on account of their contents;
(e) when parcels have been fraudulently insured for a sum exceeding the actual value of the contents;
(f) in respect of parcels regarding which the sender has not made enquiry within the period prescribed by article 12(2);
(g) In respect of any parcels containing precious stones, jewellery or any articles of gold, silver or platinum or any other precious
object not packed in the manner laid down in Articles 4 and 5 of the detailed regulations.
(ii) For parcels seized under the internal legislation of the country of destination.
Article 17
TERMINATION OF RESPONSIBILITY
The two postal administrations shall cease to be responsible for parcels which have been delivered in accordance with their internal
regulations and of which the addressees or their agents have accepted delivery without reservation.
Article 18
PAYMENT OF COMPENSATION
The payment of compensation shall be undertaken by the postal administration of the country of origin, except in the cases indicated
in article 15(2) where payment is made by the postal administration of the country of destination. The paying administration retains
the right to make a claim against the administration responsible.
Article 19
PERIOD FOR PAYMENT OF COMPENSATION
1. Compensation shall be paid as soon as possible and, at the latest, within one year from the day following the date of enquiry.
2. The postal administration of the country of origin or of destination as the case may be, is authorised to pay compensation to the
person entitled to receive it on behalf of the administration concerned which after being duly informed of the application, has
let nine months pass without giving a decision in the matter.
3. The postal administration responsible for making payment may, in exceptional cases, postpone it beyond the period of one year when
a decision has not yet been reached on the question whether the loss, damage or abstraction is due to a cause beyond control.
Article 20
INCIDENCE OF COST OF COMPENSATION
1. Until the contrary is proved, responsibility shall rest with the postal administration, which having received the parcel without
making any reservation and being provided with all the prescribed means of enquiry cannot prove either delivery of the addressee
or his agent, or regular transfer to the other administration.
2. If the loss, damage or theft occurs in course of conveyance without it being possible to establish in which country’s territory
or service it occured both the administrations shall bear the loss equally. The same principle shall, as far as possible, be applied
when other administrations are concerned in the conveyance of a parcel.
3. Customs duty and other charges of which it has not been possible to secure cancellation shall be borne by the administration responsible
for the loss, damage or theft.
4. The administration which has paid the compensation takes over the rights, upto the amount of compensation, of the person, who has
received it in any action which may be taken against the addressee, the sender or a third party.
5. If a parcel which has been regarded as lost is subsequently found, in whole or in part, the person to whom compensation has been
paid shall be informed that he is at liberty to take possession of the parcel against repayment of the amount paid as compensation
within a period of three months.
6. If the person to whom compensation has been paid takes delivery of the parcel after the repayment of the amount of compensation,
that sum shall be refunded to the administration which bore the loss. If the person to whom compensation has been paid refuses to
take delivery of the parcel, it becomes the property of the administration which bore the loss.
Article 21
REPAYMENT OF THE COMPENSATION TO THE ADMINISTRATION OF THE COUNTRY OF ORIGIN
1. The postal administration responsible or on whose account the payment is made in accordance with Article 18 is bound to repay the
amount of the compensation within a period of three months after notification of payment.
2. The amount shall be recovered from the administration responsible through the accounts provided for in Article 21 of the detailed
regulations.
3. The postal administration of which the responsibility is duly proved and which has originally declined to pay compensation shall
be bound to bear all the additional charges resulting from the unwarranted delay in payment.
Article 22
STORAGE CHARGES
The country of destination shall be authorised to collect storage charges fixed by its internal regulations on parcels addressed
(poste restante’ or which are not claimed within the prescribed period of free delivery). The charge may in no case exceed 10 gold
francs. In the case of undelivered parcels accrued storage charges, if any, shall be claimed from the administration of origin.
Article 23
TRANSIT PARCELS
"Each Postal administration agrees to accept in transit through its services, to and from any country, with which it has a parcel
post communication, parcels originating in or addressed for delivery in the service of the other administration."
Article 24
TERRITORIAL RATES AND TRANSIT CHARGES
1. For parcels exchanged between the two countries, the postal charges and fees shall be the same as are applicable to the Inland
Service of the originating country or such higher rates or fees as may be determined by the postal administration of the originating
country.
2. For the present, there shall be no sharing of postal charges recovered in respect of parcels despatched from one of the two countries
for delivery in the other.
3. For parcels despatched from one of the postal administrations in transit through the other the despatching administration shall
allow to the other administration, the amount of transit charges according to the charges notified by the intermediary administration.
4. In respect of foreign parcels received in transit by one of the postal administrations for delivery of the other administration
the country of destination will be entitled to terminal charges as notified by it in this regard.
Article 25
CLAIMS IN CASE OF REDIRECTION OF RETURN OF PARCEL
In case of redirection or of return of a parcel from one country to the other, the retransmitting administration shall claim from
the other the charges due to it and to any other administration taking part in the redirection or return.
Article 26
CHARGES FOR REDIRECTION IN THE COUNTRY OF DESTINATION
In case of redirection to another country or of return to the country of origin, the redirection charge referred to in article 6
para 2 shall accrue to the country which redirected the parcel within its own territory.
Article 27
MISCELLANEOUS FEES
1. The following fees shall be retained in full by the office which has collected them :
(a) The fee for advice of delivery referred to in article 5;
(b) The enquiry fee referred to in Article 12 para 1.
(c) The insurance fee and despatch fee (posting fee) referred to in Article 13 para 2 & 3.
2. The fees collected in connection with delivery and customs clearance referred to in Article 3 shall be retained by the postal administration
of the country of destination.
Article 28
AIR PARCELS
The exchange of air parcels shall be governed by the same conditions as parcels exchanged by surface. Each administration is at
liberty to fix a separate air surcharge in addition to the surface parcel postage rate or an air surcharge cum parcel postage taking
into account the cost of air conveyance. Air parcels which have not been delivered to the addressee for any reason whatsoever are
returned to the country of origin only by the surface route. They may not be returned by air unless the senders have guaranteed
the payment of the air surcharges.
Article 29
AIR CONVEYANCE CHARGES
1. The basic rate applicable to the settlement of accounts between the two administrations in respect of air conveyance of parcels
shall be fixed at one thousandth of a franc as a maximum per kilogramme of gross weight and per kilometre.
2. The conveyance rates between the two countries shall be fixed according to the actual distance between the respective airports.
3. For forwarding an air parcel by air within its own territory each postal administration is entitled to remuneration on the basis
of the gross weight of such parcels and according to a single rate. The single rate is calculated in accordance with the basic rates
mentioned in paragraph (1) and according to the weighted average distance of the sectors flown by international mail on the internal
network.
Article 30
MISCELLANEOUS PROVISIONS
1. Parcels shall not be subjected to any postal charges other than those envisaged in this agreement except by mutual consent of the
two administrations.
2. The Contracting Parties have drawn up the detailed regulations for ensuring the execution of the present agreement. Further matters
of detail, not inconsistent with the general provisions of this agreement and not provided for in the detailed regulations, may be
determined by the postal administrations of the two countries from time to time by mutual consent.
3. The internal legislation of India and Bhutan shall remain applicable as regards every thing not provided for in the present Agreement
and the detailed regulations.
4. When owing to exceptional circumstances, one postal administration finds itself obliged to suspend its services temporarily either
wholly or in part, it is bound to notify the fact immediately if need be by telegram, to the other administration.
Article 31
ENTRY INTO FORCE
This Agreement shall be subject to ratification. The instruments of ratification shall be exchanged at New Delhi. The Agreement
shall come into force with effect from the date of exchange of instruments of ratification. It shall thereafter continue to be in
force until it is terminated by one Government giving six months’ notice in writing to the other.
IN WITNESS WHEREOF, the undersigned, duly authorised for that purpose have signed this Agreement in two originals.
Done at New Delhi this the Sixteenth day of December 1972.
For the Government of India
For the Royal Government of Bhutan
Sd/-
Sd/-
H N BAHUGUNA
D.W. WANGCHUCK
Minister for Communications
Representative of His Majesty
in the Ministry of Development
