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AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE [1975] INTSer 15

AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE
PEOPLE’S DEMOCRATIC REPUBLIC OF YEMEN REGARDING EXCHANGE
OF MONEY ORDERS

Aden, 1 April 1975

In order to exchange money orders between India and the People’s Democratic Republic of Yemen, the undersigned, duly authorised for that purpose

HAVE AGREED upon the following :

Article 1

There shall be a regular exchange of money orders between the People’s Democratic Republic of Yemen and India by means of airmail services usually employed for the exchange of correspondence.

Article 2

(a) The money order business between the two administrations shall be performed exclusively through office of exchange communicating with each other by means of lists, as is explained more elaborately below.

(b) The money orders shall be made out and forwarded to the payees by the offices of exchange of the country in which the orders are payable. The Office of Exchange on the side of the People’s Democratic Republic of Yemen shall be Aden and on the side of India, Bombay.

Article 3

The amount of money orders advised by each administration shall be expressed in the British Pound Sterling.

Article 4

(a) Each administration shall have power to fix, from time to time
the rate of conversion applicable to money orders issued by it on the condition that it shall notify that rate to the other country.

(b) The conversion into the Indian currency of sums advised for payment in India shall be effected at Bombay and conversion of sums advised for payment in the People’s Democratic Republic of Yemen shall be effected at Aden.

(c) The rate at which the Pound Sterling will be converted into the local currency of the country of destination will be determined by the country of payment and the same will be intimated to the country of issue.

Article 5
(a) Each administration shall have power to fix the maximum amount for which it will issue a single money order. This maximum shall not exceed £ 10 or the nearest equivalent of that sum in the currency of the country of issue.

(b) The maximum limit fixed by each administration shall be notified immediately to the other.

(c) No money order shall contain a fractional part of 5 fils or 10 paise.

Article 6

The manner and conditions of issuing money orders in either country shall be governed by the regulations in force for the time being in the country of issue.

Article 7

(a) Each administration shall have power to fix, from time to time, the rate of commission to be charged on the money orders it may issue.

(b) Each administration shall communicate to the other the regulations relating to the charges for money orders issued and which are in force for the time being.

Article 8

The country of issue which collects the money from remitters shall account to the country of payment for the total amount of the orders issued, together with one half per cent additional on the total by way of commission.

Article 9

Applications by remitters for the alteration or correction of the address or/and the name of payee shall be received under the regulations of the country of issue, and forwarded to the country of payment for disposal under its regulations accompanied by such information as may be necessary for the identification of the particular Orders referred to. Applications by remitters for repayment of Orders shall be received and forwarded in like manner, the repayment being made only under the authority of the country of payment and according to the regulations of the country of issue.

Article 10

The manner and conditions of paying orders including stoppage of payment, renewal or Orders, issue of duplicate Orders, and other services performed at the instance of the payee, shall be governed by the regulations in force for the time being in the country of payment.

Article 11

Orders shall remain payable in the country of payment till the expiry of six months after the expiration of the month of issue, and the amounts of all money orders not paid within this period shall revert to, and remain the property of the country of issue.

Article 12

The corresponding offices of exchange shall communicate to each other, by the first available mail, the particulars of money orders issued, by means of Lists (Appendixes A and B), which shall contain all particulars for which provision is made in the form.

The particulars as to names shall include the full surname and at least the initial of one Christian or personal name, both of the remitter and of the payee, or the official name of the firm or company who are the remitters or payees. If, however, a personal name cannot be given, an order may, nevertheless, be issued at the remitter’s risk.

The address of the payee must be given fully and precisely as on it depends the determination by the receiving office of exchange of the office where the order shall be made payable. Address of the remitter should also be given fully and precisely.

Article 13

Besides the particulars of Money Orders issued, the Lists mentioned in Article 12 shall contain particulars of Orders authorised to be repaid to the remitters and also particulars of Orders which may become void in accordance with the regulations in force in the country of payment.

Article 14

The Lists dispatched from each Office of Exchange shall be numbered consecutively, commencing with No. 1 at the beginning of each calendar year. These numbers shall be termed the “List Numbers”.

Article 15

The entries in these Lists respecting Money Orders issued shall also bear consecutive numbers, commencing with No. 1 for each List, and these numbers shall be termed the “Entry Numbers”.

Article 16

On receipt of an inward Advice List it must first be examined by , the receiving Office of Exchange to see that the serial number of the List advised is the next number in the sequence of the series proper to the Office of Exchange of the country of origin.

Article 17

Should any List not be received in due course, the dispatching office shall, on receiving information to that effect, transmit without delay a duplicate thereof, duly certified as such.

Article 18

Each List shall be carefully verified by the receiving Office of Exchange and corrected when it contains simple errors; such corrections being communicated to the dispatching Office of Exchange.

Article 19

If a List is found to contain errors or irregularities which cannot be rectified without communication with the dispatching office, the receiving office shall at once send such communication and pending the receipt of a repIy the payment of Money Orders in respect of which some irregularities have been detected shall be suspended.

Article 20

The remitter of a Money Order may obtain an Advice of Payment of the Order by paying in advance to the exclusive profit of the Administration issuing the Money Orders, a charge to be fixed by the country of issue of the Money Order.

The Advice of Payment shall be prepared by the paying office, and shall be transmitted direct to the remitter either by the office of payment or by the Exchange Office of the country of payment. The Advice of Payment of a “Through” Money Order shall be sent through the appropriate Offices of Exchange of the two Administrations.

If application for an Advice of Payment is made at the time of issue of a Money Order, the letters “A.P.” shall be written against the entry in the List. If application for an Advice of payment is made subsequent to the issue of a Money Order a form “Advice of Payment” giving full particulars of the Money Order shall be sent to the Exchange Office of the country of payment (or in the case of “Through” Orders to the Exchange Office of the intermediary country) which shall arrange for its completion and dispatch to the remitter.

Article 21

(a) As soon as such office of exchange at Bombay/Aden receives from Aden/Bombay all the Lists pertaining to any particular month, it shall draw up a monthly account in the prescribed form.

(b) The account shall be based on the Lists as corrected by the receiving office of exchange, any entries at the time under suspension pending explanation being excluded.

(c) The creditor administration shall then forward to the debtor administration this monthly account indicating the net balance by the 25th of the month following that to which the account relates.

(d) The debtor administration shall accept the claim, or point out the discrepancies promptly so that the account is ultimately accepted within three months from the date of its first receipt.

Article 22

(a) The account relating to the exchange of Money Orders shall be settled independently, and payment will be made within four months of the date of acceptance of the account.

(b) The debtor administration shall remit the balance direct to the creditor administration by means of a Demand Draft drawn on a bank in the country of payment, the amount being expressed in the British Pound Sterling.

Article 23

(a) Any amount remaining due from one administration to the other at expiration of four months from the date of acceptance shall be subject to interest at the rate of 5% p.a.

(b) The interest shall be carried to the debit of the administration in arrears in the following account.

Article 24

Each administration shall have authority to suspend temporarily, the exchange of Money Orders in case the course of exchange or any, other circumstances should give rise to abuses, or cause detriment to the postal revenue.

Article 25

For ordinary correspondence affecting the preparation, transmission or correction of lists, accounts, etc., the office of exchange shall be the media of communication but in matters involving questions other than those of detail, the offices of correspondence shall be the office of the Director General of Posts and Telephones, P.O. Box, 4000, Aden on the one hand and that of the Director General of Posts and Telegraphs, India, on the other hand.

Article 26

The Postal Administration of each country shall be authorised to adopt any additional rules (if not repugnant to the foregoing provisions) for the greater security against fraud, or for the better working of the system generally. All such additional rules, however, must be communicated by one administration to the other.

Article 27

The Postal Administrations of the People’s Democratic Republic of Yemen and India shall be entitled to transmit money orders through the medium of the other Administration, to any country with which the latter exchanges money orders, on terms to be settled before hand by common consent between the two Postal Administrations.

Article 28

Telegraphic money orders, for sums not exceeding the maximum amount allowed in the case of ordinary money orders shall also be exchanged between the People’s Democratic Republic of Yemen and India.

Article 29

Each of the contracting Administrations shall indicate to the other the offices which it admits to the exchange of telegraphic money orders.

Article 30

The remitter of every telegraphic money order shall be required to pay, in addition to the ordinary commission [see Article 7 (a)], the cost of a telegram of advice from one country to the other. The telegram of advice shall be charged for at the letter telegram rate and shall be subject to all the conditions governing the transmission of telegram accepted at the rate, unless the remitter prefers to telegraph at the full ordinary rate.

Independently of the charges above mentioned, each of the contracting Administrations reserves to itself the right to levy from the remitter of each telegraphic money order which , it issues a supplementary charge, the amount of which shall be fixed and retained by the issuing Administration.

Article 31

(a) Every telegram of advice for order payable in the People’s Democratic Republic of Yemen shall be transmitted through the office of exchange at Aden and every telegram of advice for order payable in India shall be transmitted to the office of destination through the Central Telegraph Office at Bombay.
(b) The telegram of advice shall be prepared in accordance with the following specimen:

(1) (2) (3) (4) (5) (6) (7)
L.T. Mandat 123 Allahabad Joseph Allen Two Pounds John Fuller Grand Hotel To pay your passage

(1) Special instructions to be used only when a telegram is prepaid at the deferred rate. The symbol must be placed at the beginning of the telegram. When a reply is prepaid the indication “RP” followed by the amount prepaid must appear between the letters “L.T.” and the word “Mandat”.

(2) Serial number of order inserted at the office of exchange in place of the number inserted at the office of issue. The series of numbers used at each dispatching office of exchange shall begin at 1 on the 1st of January each year.

(3) Office of payment.

(4) Name of remitter.

(5) The amount of the Money Order in clear pound and pence.

(6) Name and address of payee.

(7) Private message if any, for the payee.

In all cases the remitter bears the consequence if the address of the telegram of advice or that of the payee is incorrect or is insufficient to ensure payment to the proper person. The foregoing particulars must always appear in the telegram of advice in the order given above.

(c) If the office of payment is not a telegraph office, the name of the nearest telegraph office should be written after the name of the office of payment. If the sender is unable to indicate the nearest telegraph office, the telegram of advice may be accepted at his risk provided that the name of the country of destination is added after the name of the office of payment.

(d) If a telegraphic money order is intended to be called for at a post office the words “Poste Restante” must be written instead of an address after the payee’s name. In the absence of these words it must be assumed that the order is to be sent out for delivery or that a notice of its arrival is to be sent to the payee.

(e) The remitter of a telegraphic money order shall be allowed to add to the official telegram of advice any communication which he may wish to send to the payee on paying for the additional words required at the ordinary or deferred rate according to the class of the telegraphic money order. He shall also be allowed to pre-pay the post of a telegraphic reply to such communication

Article 32

On receipt of the inward telegram of advice in the Central Telegraph Office, Bombay, or at the exchange office at Aden, it must first be examined to see that the serial number of the order advised is the next number in the sequence of the series proper to the office of exchange of the country of origin, and the particulars must then be signalled either under the same number or under a new exchange office number to the proper office of payment.

Article 33

On receipt of a telegram of advice at the office of payment, a money order (or a notice of the arrival of the money order) must be prepared and delivered to the payee. Any private message for the payee must be communicated to him at the same time either on an ordinary telegraph form or on a detachable slip affixed to the telegraphic money order.

Article 34

The telegraph Regulations annexed to the International Telecommunication Convention, Geneva, 1959 or any regulations which may, in future, be substituted therefor, shall apply to telegrams of advice and other telegrams sent in connection with money orders, to the apportionment of the telegraph charges on such telegram, and to the reimbursement of such charges.

Article 35

As in the case of ordinary money orders, the issuing administration shall account to the paying Administration for one half or one percent, on the amount of telegraphic money orders advised. To this end the telegraphic money orders shall be entered by the appropriate office of exchange in Advice Lists in the same manner as ordinary money orders, but on separate sheets, with the heading “Advised by Telegraph”, and the amounts of such orders shall be included in the total amounts of the Lists. The exchange office serial number of each order as well as the serial number given to the order at the office of issue must be shown in the List.

Article 36

When the advice lists reach the appropriate office of exchange of the country of destination, the telegrams of advice which have been received shall be carefully checked against the relevant entries in the lists. Any difference between the amounts stated in the lists and the amounts as referred to in the telegrams of advice or any other irregularities, shall be reported to the country of issue, by paid service telegram if necessary.

Article 37

In case of error or fictitious money orders, the responsibility for any losses involved, other than the loss of telegraph charges, shall be borne by the Administration in whose service the error or fraud was committed. When, however, it is impossible to determine in which service the error or fraud was committed, or in cases of error or fraud in connection with the transmission of telegrams of advice over the wires of intermediate countries or cable companies, the responsibility for for any losses involved, other than the loss of telegraph charges, shall be shared equally by the Postal Administrations or the People’s Democratic Republic of Yemen and India.

Article 38

In other respects telegraphic money orders shall be subject to the same general conditions as ordinary money orders.

Article 39

Complaints regarding non-payment, mispayment or wrong payment of money order should be preferred by the remitter or payee within a year from the date of issue of the money order.

Article 40

The present agreement shall enter into force on the 1 April 1975. It shall then continue in force until it shall be modified or terminated by mutual consent of the Contracting Parties or until three months after the date on which one of the Contracting Parties shall have notified the other in writing of its intention to terminate it.

(This is in supersession of the previous arrangements of the 2lst March, 1940 and 4th May, 1940).

At New Delhi.

Sd/-
Chairman
Posts and Telegraphs Board

Executed in duplicate and signed.
At Aden 1/4/1975
Sd/-
Director General of Posts :
and Telephones

APPENDIX A

LIST NO. , dated 196 of money orders drawn in INDIA upon

Particulars to be furnished by the Indian Office

Entry No.

No. of receipt

Date of receipt given to remmiter

Office by which the money was received

Name and address fo the remmi
ter

Name of Payee

Address of Payee

Amount of order

For the use of the
Office

No. of money order

Equiv-
alent in money

Rema
rks

APPENDIX B

LIST of void money orders as well as money orders for the
re-payment of which to remitters in authority is hereby given
(AA) list in which the order were originally included
List
No.

Date


Entry No.

Name and address of remitter as given therein Amount of order

For the use of the Office
No. of money order

Equivalent in money

Rem
arks


Office of Exchange N.B-Void orders entered in this List
Foreign Money Order Department should be distinguished by the
word "void" added opposite the
date...................197 Number in column 1.

F.M. 0.10

INDIAN POSTS AND TELEGRAPHS DEPARTMENT
B

ACCOUNT of Money Order Exchange between and India prepared by the Office of Exchange, for the months of the
197 quarter ending
TO THE CREDIT OF
For orders drawn by India by mean of
the following Indian
(A) Lists bearing dates in the above.
TO THE CREDIT OF INDIA
For orders drawn by by means
of the following (AA) Lists
dates in the above. bearing
List
No.
Date Final Entry No. of List Amount of order List
No.
Date Final Entry No. of List Amount of order
Rs. P. Rs. P.
Commission on above at 1/2% Void Orders and Orders for re-payment of which to remitter in authority was given in Indian List above mentioned. Vide Statement in Form FMO 10(a) attached. Remittance on account ........ Special item detailed in the annexure. Balance from preceding account..... Balance in favour of India..... Total Total































Rs. P.































Commission on above at 1/2% Void Orders and Orders for re-payment of which to remitter in India authority was given in List above mentioned. Vide Statement in Form FMO 10(a) attached. Remittance on account ...... Special item detailed in the annexure. Balance from proceeding account ..... Balance in favour of India ....... Total Total































Rs. P.































OFFICE OF EXCHANGE
Dated 197.
office-in-charge

F.M.O -10(A)
Annexure to Form F.M.O. -10
(OBVERSE)
Repayment to the credit of....................
.
Entries in the Abstract of Forgein
Money Order issued
List No.
Date
Entry No.
Amount
No. of the order Date
Office of payment
Total

Void orders to the credit of ............................ Entries in the Abstract of Foreign
Money Order issued

List No. Date Entry No. Amount No. of the order Date Office of payment
Total
(REVERSE)

Repayment to the credit
of ...............................
Entries in the register of | Fresh order
Foreign Money Order | issued by issued | Indian office
List No. Date Entry No. Amount No. of the order Date
office of payment No. | Date|
|s.| d.
Rs. | P.| .....
Total

Void orders to the credit of India | Entries in the Register of |Fresh Money
| Foreign Money Order received |Order issued

List No. Date Entry No. Amount No. of the order Date Office of payment No. | Date|
Rs. P. ..... |
Total

(Transmitting Letter)

List No.
dispatched from
Dated the 19
Sir,

I transmit to you herewith a list bearing the above-mentioned number and date, containing a detailed statement of money orders payable by your Department, and also of void orders, and of money orders drawn by your Department and now authorised to be repaid to the remitters.

I forward herewith, for disposal by you, applications, on each of which there has been noted-
A serial “Application No.” (which can be quoted by you in any reference thereto);

2. The No. and date of the list in which the order referred to was originally entered; and,

3. The entry No. under which it was entered in the list.

Since the dispatch of my last list, I have received your list, No.
dated
which was found to be correct, with the exception noted below.

Yours faithfully.


India Bilateral

Ministry of External Affairs, India


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