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TREATY BETWEEN INDIA AND BHUTAN,
1949
Revised Indo-Bhutan treaty (1949)
The Government of India on the one part and His Highness the
Druk Gyalpo’s Government on the other part, equally animated by
the desire to regulate in a friendly manner and upon a solid and
durable basis the state of affairs caused by the termination of
the British Government’s authority in India, and to promote the
foster the relations of friendship and neighbourliness so
necessary for the well-being of their peoples, have resolved to
concluded the following Treat, and have for this purpose, named
their representatives, that is to say Sri Harishwar Dayal
representing the Government of India, who has full powers to
agree to the said Treat on behalf of the Government of India,
and Deb Zimpon Sonam Tobgye Dorji, Yang-Lop Sonam, Chho-Zim
Thondup, Rin-Zim Tandin and Ha Drung Jigmie Palden Dorji,
representing the Government of His Highness the Druk Gyalpo,
Maharaja of Bhutan, who have full powers to agree to the same on
behalf of the Government of Bhutan.
Article 1: There shall be
perpetual peace and friendship between the Government of India
and the Government of Bhutan.
Article 2: The Government
of India undertakes to exercise no interference in the internal
administration of Bhutan. On its part the Government of Bhutan
agrees to guide by the advice of the Government of India in
regard to its external relations.
Article 3: In place of the
compensation granted to the Government of Bhutan under Article 4
of the Treaty of Sinchula and enhanced by the Treaty of the
eight day of January 1910 and the temporary subsidy of Rupees
one lakh per annum granted in 1942, the Government of India
agrees to make an annual payment of Rupees five lakhs to the
Government of Bhutan. And it is further hereby agreed that the
said annual payment shall be made on the tenth day of January
every year, the first payment being made on the tenth of
January, 1950. This payment shall continue so long as this
Treaty remains in force and its terms are duly observed.
Article 4: Further to mark
the friendship existing and continuing between the said
Governments, the Government of India shall, within one year from
the date of signature of this Treaty return to the Government of
Bhutan about thirty-two square miles of territory in the area
known as Dewangiri. The Government of India shall appoint a
competent officer or officers to mark out the area so returned
to the Government of Bhutan.
Article 5: There shall, as
therefore, be free trade and commerce between the territories of
the Government of India and of the Government of Bhutan; and the
Govt. of India agrees to grant the Government of Bhutan every
facility for the carriage, by land and water, of its produce
throughout the territory of the Government of India, including
the right to use such forest roads as may be specified by mutual
agreement from time to time.
Article 6: The Government
of India agrees that the Government of Bhutan shall be free to
import with the assistance and approval of the Government of
India, from or through Indian into Bhutan, whatever arms,
ammunition, machinery, warlike material or stores may be
required or desired for the strength and welfare of Bhutan and
that this arrangement shall hold good for all time as long as
the Government of India is satisfied that the intentions of the
Government of Bhutan re friendly and that there is no danger to
India from such importations. The Government of Bhutan, on the
other hand, agrees that there shall be no export of such arms,
ammunition, etc., across the frontier of Bhutan either by the
Government of Bhutan or by private individuals.
Article 7: The Government
of India and the Government of Bhutan agree that Bhutanese
subjects residing in Indian territories shall have equal justice
with Indian subjects, and that subjects residing in Bhutan shall
have equal justice with the subjects of the Government of
Bhutan.
Article 8(1): The Government
of India shall, on demand being duly made in writing by the
Government of Bhutan, take proceedings in accordance with their
provisions of the Indian Extraction Act 1903 (of which a copy
shall be furnished to the Government of Bhutan), for the
surrender of all Bhutanese subjects accused of any of the crimes
specified in the first schedule of the said Act who may take
refuge in India territory.
(2): The Government of Bhutan
shall, on requisition being duly made by the Government of
India, or by any officer authorized by the Government of India
in this behalf, surrender any Indian subjects, or subjects of a
foreign Power, whose extradition may be required in pursuance of
any agreement or arrangements made by the Government of India
with the said Power, accused of any of the crimes, specified in
the first schedule of Act XV of 1903, who may take refuge in the
territory under the jurisdiction of the Government of Bhutan,
and also any Bhutanese subjects who, after committing any of the
crimes referred to in Indian territory, shall flee into Bhutan,
on such evidence of their guilt being produced as shall satisfy
the local court of the district in which the offence may have
been committed.
Article 9: Any differences
and disputes arising in the application or interpretation of
this Treaty shall in first instance be settle by negotiation.
If within three months of the start of negotiations no
settlement is arrive at, then the matter shall be referred to
the Arbitration of three arbitrators, who shall be nationals of
either India or Bhutan, chosen in the following manner:
(1)
One person nominated by the Government of India;
(2)
One person nominated by the Government of Bhutan;
(3)
A Judge of the Federal Court, or of a High Court in India,
to be chosen by the Government of Bhutan, who shall be Chairman.
The judgment of
this Tribunal shall be final and executed without delay by
either party.
Article 10: This treaty
shall continue in force in perpetuity unless terminated or
modified by mutual consents.
Done in duplicate at Darjeeling this eighth day of August,
one thousand nine hundred and forty nine, corresponding with the
Bhutanese date the fifteenth day of the sixth month of the
Earth-Bull Year.
Harishwar Dayal
Political Officer in Sikkim
Deb Zimpon Sonam Tobgay Dorji
Yang-Lop Sonam Chho-Zim
Thondup
BHUTAN
Rin-Zim Tandin Ha Drung
Jigmie Palden Dorji
INSTRUDMENTS OF RATIFICATION
Whereas a Treaty relating to the promotio0n of, and
fostering the relations of friendship and neigbourliness was
signed at Darjeeling on the 8th day of August 1949 by
representative of the Government of India and of the Government
of His Highness the Druk Gyalpo, Maharaja of Bhutan, which
Treaty is, word for, as follows:
The Government of India, having considered the Treaty aforesaid
hereby confirms and rectify the same and undertake faithfully to
perform and carry out all the stipulations therein contained.
In witness whereof this instrument of ratification is signed and
sealed by the Governor-General of India.
Done at New Delhi, The 22nd
day of September, 1949.
C. Rajagopalachari,
Governor-General of India
Whereas a Treaty relating to the promotion of, and fostering,
relations of friendship and neighbourliness was signed at
Darjeeling on the eighth day of August, 1949 by representatives
f my Government and of the Government of India which Treaty is,
word, a s follows:
My Government having considered the Treaty aforesaid hereby
confirms and ratifies the same and undertakes faithfully to
perform and carry out all the stipulation herein contained.
In witness is hereof I have signed this instrument of
ratification and affixed hereto my seal.
Done at Tongsa, the fifteenth
day of September 1949.
J. Wangchuk,
Druk Gyalpo
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