New Delhi, 28 January 1972The Government of INDIA
AND
The Government of MAURITIUS
HEREINAFTER described as the “Contracting Parties”;
BEING parties to the Convention on International Civil Aviation (hereinafter described as “the Convention”) opened for signature at
Chicago on the 7th December, 1944;
AND desiring to conclude an agreement for the purpose of establishing air services between and beyond their respective territories,
HAVE AGREED as follows :
Article I
For the purpose of the present agreement, unless the context otherwise requires :
(a) the term “aeronautical authorities” shall mean, in the case of Mauritius, the Ministry charged with responsibility for Civil Aviation
and in the case of India, the Director General of Civil Aviation and in both cases any person or body authorised to perform the
functions presently exercised by the said Ministry or by the said Director General;
(b) the term “designated airline” shall mean an airline which the aeronautical authorities of one Contracting Party have designated
in writing to the aeronautical authorities of the other Contracting Party, in accordance with Article III of the present Agreement
;
(c) the terms “territory”, “air services”, “international air service” and “stop for non-traffic purposes” have the meanings respectively
assigned to them in Article 2 and 96 of the Convention.
Article II
Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of established
air services of the route specified in the Annex there to (herein-after called “the agreed services” and “the specified routes”).
The agreed services may be inaugurated at any time after the provisions of Article III have been complied with.
2. Subject to the provisions of the present Agreement, the airline designated by each Contracting Party shall enjoy the following
rights:
(a) to fly without landing across the territory of the other Contracting Party;
(b) to make stops in the territory of the other Contracting Party for non-traffic purposes; and
(c) While operating an agreed service on a specified route, to make stops in the territory of the other Contracting Party at the point
specified for that route in the Annex to the present Agreement, for the purpose of putting down or taking on international traffic
in passengers, cargo and mail, originating in of a third country.
3. Nothing in paragraph 2 of this Article shall be deemed to confer on the airline of one Contracting Party the privilege of taking
on, in the territory of the other Contracting Party, passengers, cargo or mail destined for another point in the territory of that
other Contracting Party.
4. The laws, regulations and instructions of one Contracting Party, relating to entry into or departure from its territory, of aircraft
or air services operated in international air navigation or to the operation of such aircraft or air services while within its territory
shall apply to aircraft and agreed services of the designated airline of the other Contracting Party.
Article III
Each Contracting Party shall have the right to designate in writing to the other Contracting Party one airline for the purpose of
operating the agreed services on the specified routes.
2. On receipt of the designation, the Contracting Party shall, through its own aeronautical authorities and subject to the provisions
of paragraphs 3 and 4 of this Article, without delay grant to the designated airline the appropriate authorization.
3. The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to satisfy
them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally applied by them to the operations
of air carriers and of international commercial air services.
4. Each Contracting Party shall have the right to refuse to accept the designation of the airline or to withhold the grant to the
airline of the rights specified in paragraph 2 of Article II of the present Agreement to impose such conditions as it may deem necessary
on the exercise by the airline of those rights in any case where it is not satisfied that substantial ownership and effective control
of that airline are vested in the other Contracting Party or its nationals. For the purpose of this paragraph, the expression "substantial
ownership and effective control" means that in any case where the designated airlines operate their services under this Agreement
by entering into any agreement with the airline of any other country or the Government or nationals of any other country, the Contracting
Party designating the airlines or its nationals shall not be deemed to have substantiate ownership and effective control of the designated
airlines unless the Contracting Party or its nationals, in addition to the ownership of the major part of the assets of the designated
airlines, have also
(i) effective control in the management of the designated airlines, and
(ii) ownership and effective control of the major part of the fleet of aircraft and equipment used in the operation of the services.
5. The airline so designated and authorised may begin to operate the agreed services at any time provided that the provisions of
Article X and XII have been complied with.
Article IV
Each Contracting Party reserves the right to itself to revoke the operating authorization or impose such appropriate conditions as
it may deem necessary in case of failure by a designated airline of the other Party to comply with the laws and regulations of the
former Party, or in the judgement of the former Party there is a failure to fulfil the conditions under which the rights are granted
in accordance with the present Agreement. This shall also apply if the provisions of paragraph 4 of Article III are not complied
with. Such action shall be taken only after consultation between the Contracting Parties in accordance with Article XIV of the present
Agreement unless an immediate suspension of operations or imposition of conditions is necessary to avoid further infringements of
laws, regulations or provisions of the present Agreement.
Article V
The charges imposed in the territory of one Contracting Party for the use of airports and other aviation facilities by the aircraft
of the designated airline of the other Contracting Party shall not be higher than those paid by the aircraft of a national airline
engaged in similar international air services.
Article VI
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 and intended solely for use by or in such aircraft and remaining on board on departure
from the last airport of call in that 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 the national airlines operating scheduled international
air services or to the airline of the most favoured nation:
Provided that neither Contracting Party shall be obliged to grant to the designated airline 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 airline of the first Contracting Party.
Article VII
The designated airline of each Contracting Party shall, in all respects, enjoy fair and equal opportunity for the carriage of international
traffic between and beyond the territories of the two Parties.
Article VIII
In the operation by the designated airlines of either Contracting Party of the agreed air services the interests of the designated
airline of the other Party shall be taken into consideration so as not to affect unduly the services which the latter provides on
all or part of the same route.
Article IX
The capacity to be provided, the frequency of services to be operated and the nature of air service that is, transitting through or
terminating in the territory of the other Contracting Party shall be agreed between designated airlines in accordance with the principles
laid down in Articles VII and VIII and the provisions of this Article. Such agreement shall be subject to the approval of the aeronautical
authorities of the two Contracting Parties.
2. Any increase in the capacity to be provided or frequency of services to be operated by the designated airline of either Contracting
Party shall be agreed, in the first instance, between designated airlines and shall be subject to the approval of the of the aeronautical
authorities on the basis of the estimated requirements of traffic between the territories of the two Parties and any other traffic
to be jointly agreed and determined. Pending such agreement or settlement, the capacity and frequency entitlements already in force
shall prevail.
3. If the designated airlines of the Contracting Parties fail to agree on any matter on which their agreement is required under the
provisions of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to reach agreement thereon.
4. The capacity to be provided, the frequency of services to be operated and nature of air service, that is, transiting through or
terminating in the territory of the other Contracting Party as agreed to in accordance with provisions of this Article shall be specified
in an exchange of letters between the aeronautical authorities of the Contracting Parties.
Article X
Each contracting Party shall cause its designated airline to communicate to the aeronautical authorities of the other Contracting
Party, as long in advance as practicable, prior to the inauguration of the agreed services, the type of service, the type of aircraft
to be used, the flight schedules, tariff schedules, and all other relevant information concerning the operation of the agreed services
including such information as may be required to satisfy the aeronautical authorities that the requirements of the present Agreement
are being duly observed. The requirements of this Article shall likewise apply to any changes concerning the agreed.
Article XI
The aeronautical authorities of each Contracting Party shall furnish to the aeronautical authorities of the other Contracting Party
statistics relating to the traffic carried during each month on their air services to or from or through the territory of the other
Contracting Party showing the countries of origin and destination and the points of embarkation and disembarkation of such traffic.
Such statistics shall be furnished as early as possible.
Article XII
1. The traffic on any agreed service shall be established at reasonable levels, due regard being paid to all relevant factors including
cost of operation, reasonable profit, characteristics of service (such as standards of speed and accommodation) and the tariffs of
other airlines for any part of the specified route. These tariffs shall be fixed in accordance with the following provisions of this
Article.
2. The tariffs referred to in paragraph 1 of this Article, together with the rates of agency commission used in conjunction with them
shall, if possible, be agreed in respect of each of the specified routes between the designated airlines concerned, and such agreement
shall wherever possible, be reached through the rate-fixing machinery of the International Air Transport Association. The tariffs
so agreed shall be subject to the approval of the aeronautical authorities of both Contracting Parties.
3. If the designated airlines cannot agree on any of these tariffs, or if for some reason a tariff cannot be agreed in accordance
with the provision of paragraph 2 of this Article, the aeronautical authorities of the Contracting Parties shall try to determine
the tariff by agreement between themselves.
4. If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph 2 of this Article
on the determination of any tariff under paragraph 3 the matter shall be referred to the Contracting Parties for settlement in accordance
with the provisions of Article XV of the present Agreement.
5. Pending determination of the tariffs in accordance with the provisions of this Article, the tariffs already in force shall prevail.
Article XIII
In a spirit of close collaboration, the aeronautical authorities of the two Contracting Parties shall exchange views regularly on
the application and interpretation of the present Agreement.
Article XIV
Consultation may be requested at any time by either Contracting Party for the purpose of initiating any amendments to the present
Agreement. Consultation may also be required on matters concerning the interpretation and application of the present Agreement if
either Contracting Party considers that an exchange of views within the meaning of Article XIII has been without success. Such consultation
shall begin within a period of sixty days from the date of the request. Any modification of the present Agreement as a result of
such consultations shall come into effect after the respective constitutional requirements have been fulfilled and when it has been
confirmed by an exchange of diplomatic notes.
Article XV
If any dispute arises relating to the interpretation or application of the present Agreement, the aeronautical authorities of the
Contracting Parties shall endeavour to settle it by negotiations between themselves, failing which the dispute shall be referred
to the Contracting Parties for settlement.
Article XVI
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 the force in their present from between the Contracting Parties for the duration of the Agreement, unless both Contracting
Parties ratify any amendment to the Convention, which shall have duly come into force for the duration of the present Agreement.
2. Pending adherence of the Government of Mauritius to the International Air Services Transit Agreement opened for signature at Chicago
on the 7th December 1944, the provisions thereof shall apply as between the Contracting Parties as if the Government of Mauritius
has adhered to the International Air Services Transit Agreement.
Article XVII
The Annex to the present Agreement shall be deemed to be part af the Agreement and all references to the Agreement shall include references
to the Annex, except where otherwise expressly provided.
2. The present Agreement shall be subject to ratification and instruments of ratification shall be exchanged as soon as possible.
3. The present Agreement shall come into force on the date of the exchange of instruments ratification.
Article XVIII
Either Contracting Party may, at any time, give written notice to the other, of its desire to terminate the present Agreement. Such
notice shall be simultaneously communicated to the International Civil Aviation Organization. If such notice is given, the present
Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party, unless the notice
to terminate is withdrawn by agreement before the expiry of this 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 Organization.
DONE at New Delhi this 8th day of Magha, 1893 Saka Era, corresponding to the 28th day of January, 1972 A.D. in four originals two
each in the Hindi and English Languages, all the four texts being equally authentic. In case of any divergence of interpretation,
the English text shall prevail.
Sd/-
Sd/-
For the Government of India
For the Government of Mauritius
ANNEX
SECTION I
The airline designated by the Government of Mauritius shall be entitled to operate air services in both directions on the route specified
in this Section and to land for traffic purposes in the territory of India at the point therein specified.
Mauritius via three intermediate points, Colombo to Bombay and if so desired to points beyond to be agreed.
SECTION II
The airline designated by the Government of India shall be entitled to operate air services in both directions on the route specified
in this section and to land for traffic purposes in the territory of Mauritius at the point therein specified.
India via Colombo three other intermediate points to Mauritius and if desired to points beyond to be agreed.
SECTION III
Points on any of the specified routes may, at the option of the designated airline be omitted on any or all flights.
