Upreti, Trilochan, International Watercourses Law and Its Application ...
Upreti, Trilochan, International Watercourses Law and Its Application ... Upreti, Trilochan, International Watercourses Law and Its Application ...
300 / International Watercourses Law and Its Application in South Asia Appendix / 301(vi) The bridge over Hanuman Nagar barrage shall beopened to public traffic. With prior approval of HMG,the Union shall have right to close the traffic over thebridge temporarily if an in so far as required fortechnical or safety reasons. In such cases, the Unionshall take measures required for the most expeditiousreopening of the bridge.(v) HMG agrees to permit installation of telegraph,telephone and radio communications in Nepal for thebona fide purposes of the construction andmaintenance of the Project.Provided that the Union shall agree to the withdrawalof such facilities, which HMG may in this respect,provided in future.Further provided that the Union shall agree to permitthe use of internal telephone and telegraph in theProject area to authorized servants of HMG forbusiness in emergencies provided such use does not inany way interfere with the construction and operationfor the Project.10. NAVIGATION RIGHTSAll navigation rights in the Kosi River in Nepal shall restwith HMG. Provision shall be made for suitablearrangements at or around the site of the barrage for freeand unrestricted navigation in the Kosi River, if technicallyfeasible. However, the use of any watercraft like boat,launces and timber raft within two miles of the barrage andheadworks shall not be allowed on grounds of safety,except by special permits to be issued by the competentauthority of HMG in consultation with the ExecutiveEngineer, Barrage. While issuing the special permits withintwo miles, HMG shall keep in view the safety of theheadworks and the permit holders.11. USE OF NEPALI LABOURThe Union shall give preference to Nepali labour,personnel and contractors to the extent available and in itsopinion suitable for the construction of the Project but shallbe at liberty to import labour of all cases to the extentnecessary.12. CIVIC AMENTIES IN THE PROJET AREASubject to the prior approval of HMG, the Union may, inthe Project area, establish schools, hospitals, water-supplysystems, electric supply systems, drainage and other civicamenities for the duration of the construction of the Project.On completion of construction the Project, any suchamenities shall, upon request by HMG, be transferred toHMG, and that, in any case, any such amenities shall, uponrequest by HMG, be transferred to HMG, and that, in anycase, all function of public administration shall, pursuant tothe provisions of clause5(v) be exercised by HMG.13. ARBITRATION(i) Any dispute or difference arising out of or in any waytouching or concerning the construction, effect ormeaning of this Agreement, or of any matter containedherein or the respective rights and liabilities of theparties hereunder, if not settled by discussion shall bedetermined in accordance with the provisions of thisclause.(ii) Any of the parties may by notice in writing inform theother party of its intention to refer to arbitration anysuch dispute or difference mentioned in sub-clause (i);and within 90 days of the delivery of such notice, eachof the tw3o parties shall nominate an arbitrator forjointly determining such dispute or differences and theaward of the arbitrator for jointly determining suchdispute or difference and the award of the arbitratorsshall be binding on the parties.
302 / International Watercourses Law and Its Application in South Asia Appendix / 303(iii) In case the arbitrators are unable to agree, the partieshereto may consult each other and appoint an Umpirewhose award shall be final and binding on them.14. ESTABLISHMENT OF INDO-NEPAL KOSIPROJECT COMMISSION(i) For the discussion of problems of common interest inconnection with the Project and for the purposes of coordinationand co-operation between the twoGovernments with regard to any matter covered in thisAgreement, the two Governments shall at an early dateestablish a joint ‘Indo-Nepal Kosi ProjectCommission’. The rules for the composition,jurisdiction, etc., of the said Commission shall bemutually agreed upon.(ii) Until the said Joint Commission shall be constitutedthe ‘Co-ordination Committee’ for the Kosi Projectshall continue function as follows:-(a) The committee shall consist of fourrepresentatives from each country.(b) The Chairman of the committee shall be aMinister of HMG, and the Secretary shall be theAdministrator of the Kosi project.(c) The committee shall consider among other suchmatters of common interest concerning the projectas land acquisition by HMG for lease to the Union,rehabilitation of displaced population,maintenance of law and order.(iii) As soon as the said Joint Commission shall beconsulted, the Coordination Committee for the KosiProject shall be dissolved.15.(i) This present Agreement shall come into force from thedate of signatures of the authorized representatives ofHMG and the Union respectively and thereafter, itshall remain valid for a period of 199 years.(ii) This present Agreement shall supersede theAgreement signed between the Government of Nepaland Government of India on the 25 th April, 19564 onthe Kosi Project.IN WITNESS WHEREOF the undersigned being dulyauthorized thereto by their respective Government havesigned the present Amended Agreement.Done at Kathmandu, in quadruplicate, this day, the 19 th ofDecember, 1966.For the Government of India For His Majesty’sGovernment of NepalSRIMAN NARAYAN Y. P. PantaAmbassador of India in Nepal Secretary, Ministry ofEconomic Planning andFinance.•
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302 / <strong>International</strong> <strong>Watercourses</strong> <strong>Law</strong> <strong>and</strong> <strong>Its</strong> <strong>Application</strong> in South Asia Appendix / 303(iii) In case the arbitrators are unable to agree, the partieshereto may consult each other <strong>and</strong> appoint an Umpirewhose award shall be final <strong>and</strong> binding on them.14. ESTABLISHMENT OF INDO-NEPAL KOSIPROJECT COMMISSION(i) For the discussion of problems of common interest inconnection with the Project <strong>and</strong> for the purposes of coordination<strong>and</strong> co-operation between the twoGovernments with regard to any matter covered in thisAgreement, the two Governments shall at an early dateestablish a joint ‘Indo-Nepal Kosi ProjectCommission’. The rules for the composition,jurisdiction, etc., of the said Commission shall bemutually agreed upon.(ii) Until the said Joint Commission shall be constitutedthe ‘Co-ordination Committee’ for the Kosi Projectshall continue function as follows:-(a) The committee shall consist of fourrepresentatives from each country.(b) The Chairman of the committee shall be aMinister of HMG, <strong>and</strong> the Secretary shall be theAdministrator of the Kosi project.(c) The committee shall consider among other suchmatters of common interest concerning the projectas l<strong>and</strong> acquisition by HMG for lease to the Union,rehabilitation of displaced population,maintenance of law <strong>and</strong> order.(iii) As soon as the said Joint Commission shall beconsulted, the Coordination Committee for the KosiProject shall be dissolved.15.(i) This present Agreement shall come into force from thedate of signatures of the authorized representatives ofHMG <strong>and</strong> the Union respectively <strong>and</strong> thereafter, itshall remain valid for a period of 199 years.(ii) This present Agreement shall supersede theAgreement signed between the Government of Nepal<strong>and</strong> Government of India on the 25 th April, 19564 onthe Kosi Project.IN WITNESS WHEREOF the undersigned being dulyauthorized thereto by their respective Government havesigned the present Amended Agreement.Done at Kathm<strong>and</strong>u, in quadruplicate, this day, the 19 th ofDecember, 1966.For the Government of India For His Majesty’sGovernment of NepalSRIMAN NARAYAN Y. P. PantaAmbassador of India in Nepal Secretary, Ministry ofEconomic Planning <strong>and</strong>Finance.•
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