Nepal India Friendship Treaty 1950

Treaty of Peace and Friendship Between the Government of Nepal and the Government of India

Signed at Kathmandu and Brought into Effect, 31 July, 1950.

The Government of Nepal and the Government of India, recognizing the cordial relations that have persisted between the countries for centuries;

Desiring yet further to strengthen and develop these relations and to perpetuate the unbroken peace between the two countries;

Have resolved to enter into a treaty of peace and friendship with each other, and have for this purpose appointed the following persons:

For the Government of Nepal, Sri 3 Maharaj Mohan Shamsher Jang Bahadur Rana, Prime Minister and Commander-in-Chief, Nepal.

For the Government of India, Indian Ambassador to Nepal, His Excellency Sri Chandresvar Prasad Narayan Singh

Who, having inspected one another's credentials and found them to be correct and in order, agree to the following articles:

Article 1: There shall be everlasting peace and friendship between the Government of Nepal and the government of India. Both governments agree mutually to acknowledge and respect the complete sovereignty, territorial integrity and independence of the other.

Article 2: Both governments undertake to inform each other should any major rift or friction with any neighbouring nation appear likely to cause a breach in the friendly relations subsisting between the two governments.

Article 3: To establish and perpetuate the relation referred to in Article 1, the two governments agree to maintain diplomatic relations with each other by means of representatives along with such staff as necessary for proper performance of their duties.

Those representatives and their agreed upon staff will be mutually granted all those diplomatic privileges and immunities customarily accorded by international law. Under no circumstances will the privileges accorded on this basis be less, in the case of either government, than the rights accorded to persons of equal status of any other nation with whom the government has diplomatic relations.

Article 4: The two governments mutually agree to appoint Consul-Generals, Consuls, Vice-Consuls and other consular representatives who will reside in agreed upon cities, ports and other places. Consul-Generals, Consuls, Vice-Consuls and other consular representatives will be given executors or other valid authorization papers of their appointment. Such exequaturs or authorization papers can be withdrawn by the issuing country if it deems it necessary. In such cases, as far as possible the reasons for withdrawal will be indicated. The persons mentioned above will enjoy on a reciprocal basis all the rights, privileges, exemptions and immunities accorded to persons of equal status of any other country.

Article 5: The Government of Nepal has the right to import from the territory of India or through its territory those arms, ammunition and materials needed for its security. The procedure for putting this arrangement into effect will be decided upon by the two governments through mutual consultation.

Article 6: As a symbol of Nepal and India's friendly, neighbourly feelings, both governments agree to accord national treatment to subjects of the other government who are within their territories with regard to participation in industrial and economic development, and in concessions and contracts related to such development.

Article 7: The Government of Nepal and the Government of India agree reciprocally to accord to subjects of the other government who are within their territory equal privileges in matters of residence, ownership of property, participation in business and commerce, movement, and other such privileges.

Article 8: Insofar as matters dealt with here are concerned, this treaty cancels all treaties, agreements and engagements entered into on behalf of India by the British Government and Nepal.

Article 9: This treaty will come into effect from the date on which it is signed by both governments.

Article 10: This treaty will remain in effect so long as neither country seeks to end it by giving one year's notice.

Signed by both parties in Kathmandu on the 16th day of Srawan in the year Bikram Samvat 2007, or the 31st day of July in the year 1950 A.D.

Appendix I:

Letter of Exchange Relating to the Treaty of Peace and Friendship Between the Government of Nepal and the

Government of India

Kathmandu,
31 July, 1950
 
Excellency,

Having concluded the Peace and Friendship Treaty and the Business and Commerce Treaty between Nepal and India, by means of this letter we now express our agreement on certain other subjects to regulate the treaties.

1. Neither country will tolerate danger to the security of either country due to foreign aggression. In order to resolve any such danger, through mutual consultations, the two countries will determine effective counter-measures.

2. With the assistance and approval of India, Nepal will import from Indian territory arms, ammunition or war materials and essential goods necessary for the security of Nepal. The Indian government will provide easy transport arrangements for such arms and ammunition.

3. In relation to the provision of Article 6 of the treaty to provide national treatment, for some time India will give protection to Nepalis from unlimited competition within Nepal. The two governments will determine the nature and conditions of such protection.

4. If Nepal wishes to take foreign assistance in the development of natural resources or any industrial project, should another foreign and the Government of India or an Indian citizen make equal bids, the Nepali government must give priority to the Government of India and Indian citizen. This will not affect assistance from the United Nations or special agencies.

5. Neither country will employ any foreigner who might affect the security of the other. In times of necessity either country will represent the other.

Excellency, with the utmost respect I request your approval.

Mohan Shamsher Jang Bahadur Rana
Maharaj, Prime Minister
Supreme Commander, Nepal

N.B. An identical letter addressed to Mohan Shamsher J.B.R. as the representative of the Government of Nepal and signed by Chandresvar Prasad Narayan Singh on behalf of the Government of India was written and presented at the same time.