Upreti, Trilochan, International Watercourses Law and Its Application ...

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296 / International Watercourses Law and Its Application in South Asia Appendix / 297(iv) HMG will permit the Union to quarry the constructionmaterials required for the project from the variousdeposits at Chatra, Daran Bazar or other place sinNepal.4. USE OF WATER AND POWER(i)HMG shall have very right to withdraw for irrigationand for many other purpose in Nepal water from teKosi River and from the Sun-Kosi river or within theKosi Basin from any other tributaries of the Kosi Riveras may be required from time to time. The Union shallhave the right to regulate all the balance of supplies inthe Kosi Roiver at the barrage site thus available fromtime to time and to generate power in the Easter Canal.(ii) HMG shall be entitled to obtain for use in Nepal anyportion up to 50 per cent of the total hydro-electricpower generate by any Power House situated within a10-mile redius from the barrage site and constructedby or on behalf of the Union, as HMG shall from timeto time determine and communicate to the Union:Provided that:-HMG shall communicate to the Union any increase ordecrease in the required power supply exceeding 6,800KW at least three months in advance.(iii) If any power to be supplied to Nepal pursuant to theprovisions of this cub-clause is generated in a powerhouse located in Indian territory, the Union shallconstruct the necessary transmission line or lines tosuch points at the Nepal-Indian border as shall bemutually agree upon.(iv) The tariff rates for electricity to be supplied to Nepalpursuant to the provisions of this clause shall be fixedby mutual agreement.5. LEASE OF THE PROJECT AREAS(i) All the lands acquired by HMG under the provision ofclause 3 hereof as of the date of signing of theseamendments shall be leased by HMG to the Union fora period of 199 years from the date of theseamendments at an annual Nominal Rate.(ii) The rent and other terms and conditions on which landfor Western Kosi Canal shall be leased by HMG to theUnion pursuant to this Agreement shall be similar tothose under sub-clause (i).(iii) The rent and other terms and conditions of any otherland to be leased by HMG to the Union pursuant tothis Agreement shall be fixed by mutual agreement.(iv) At the request of the Union, HMG may grant renewalof the leases referred to in sub-clauses (i), (ii) and (iii)on such terms and conditions as may mutually agreedupon.(v) The sovereignty rights and territorial jurisdiction ofHMG, including the application ad enforcement of thelaw of Nepal on and in respect of the leased land shallcontinue unimpaired by such lease.6. ROYALTIES(i) HMG will receive royalty in respect to powergenerated and utilized in the Indian Union at rates tobe settled by agreement hereafter:Provided that no royalty will be paid on the power soldto Nepal.(ii) HMG shall be entitled to receive payment of royaltiesfrom the Union in respect of stone, gravel and ballastobtained from Nepal territory and used in theconstruction and future maintenance of the barrage andother connected works at rates to be settled byagreement hereafter.(iii) The Union shall be at liberty to use and remove clay,sand and soil without let or hindrance from landsleased by HMG to the Union.
298 / International Watercourses Law and Its Application in South Asia Appendix / 299(iv) Use of timber from Nepal forest, required for theconstruction, shall be permitted on payment ofcompensation. Provided that no compensation will bepayable to HMG for such quantities of timber as mybe agreed upon by HMG and the Union to benecessary for the use in the spurs and other rivertraining works required for the prevention of cavingand erosion of the right bank in Nepal.Provided likewise that no compensation will bepayable to the Union for any timber obtained from theforestlands leased by HMG to the Union.7. CUSTOMS DUTIESHMG shall charge no customs duty or duty of any kind,during the construction and subsequent maintenance, onany articles and materials required for the purpose of theProject and work connected therewith.8. COMPENSATION FOR LAND PROPERTY ANDFOR LAND REVENUE(i) For assessing the compensation to be awarded by theUnion to HMG in cash:-(a) Lands required for the execution of various worksas mentioned in clause (ii) and clause9(i); and(b) Submerged lands will be divided into thefollowing clauses:-1. Cultivated lands.2. Forest lands.3. Village lands and houses and otherimmovable property standing on them.4. Waste land.All lands recorded in the register of lands in theterritory of Nepal as actually cultivated shall bedeemed to be cultivated lands for the purpose ofthis clause.(ii) The Union shall pay compensation:-(a) to HMG for the loss of land revenue as at the timeof acquisition in respect of the area required, and(b) to whomsoever it my be due for the lands, housesand other immovable property acquired for theProject and leased to the Union.The assessment of such compensation and themanner of payment shall be determined hereaftery mutual agreement between HMG and the Union.(iii) All lands required for the purposes of the Project shallbe jointly measured by the duly authorized officers ofHMG and the Union respectively.9. COMMUNICATIONS(i) HMG agrees that the Union may construct andmaintain roads, tramways, railways, ropeways, etc.,required for the Project in Nepal and shall provide landfor these pruposes on payment of compensation asprovided in clause 8. Provided that the construction ofany roads, tramways, railways, ropeways, etc., outsidethe Project area shall require the prior approval ofHMG.(ii) Any constructions, required in the interest ofconstruction, maintenance and proper operation of theProject, regarding the use of the roads, etc., referred toin sub-clause(i) by commercial or private vehicles maybe mutually agreed upon. In case of threatened breachor erosion of the structures on account of the river, theofficers of the Project may restrict public traffic underintimation to HMG.(iii) HMG agrees to permit, on the same terms as for otherusers, the use of all roads, waterways and otheravenues of transport and communication in Nepal forbona fide purposes of the construction andmaintenance of the barrage and other connected works.
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International WatercoursesLaw and I
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PrefaceIn this book, the author has
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