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304 / International Watercourses Law and Its Application in South Asia Appendix / 305Appendix- 2Agreement between His Majesty’sGovernment of Nepal and the Governmentof India on the Gandak Irrigation andPower ProjectKathmanduDecember 4, 1959PEAMBLE:- WHEREAS His Majesty’s Government ofNepal and the Government of India consider that it is in thecommon interests of both Nepal and India to construct abarrage, canal head regulators and other appurtenant worksabout 1,000 feet below the existing Tribeni Canal headregulator and of taking out canal systems for purposes ofirrigation and development of power for Nepal and India(hereinafter referred to as ‘the Project’).AND WHEREAS in view of the common benefits, HisMajesty’s Government have agreed to the construction of thesaid barrage, canal head regulators and other connected worksas shown in the Plan annexed 2 to this Agreement to the extentthat they lie within the territory of Nepal, by and at the cost ofthe Government of India.NOW THE PARTIES AGREE AS FOLLOWS:-1. INVESTIGATION AND SURVEYSHis Majesty’s Government authorize the Project Officerssand other persons acting under the grneral or special ordersof such officers to move in the area indicated in the saidPlan with men, material and equipment as may be requiredfor the surveys and investigations in connection with theProject, before, during and after construction, as may befound necessary from time to time. These surveys include2 Not reproduced here.ground, aerial, hydraulic, hydrometric, hydrological andgeological surveys; investigations for communication forthe alignment of canals and for materials required for theconstruction and maintenance of the Project.2. AUTHORITY FOR THE EXECUTION OF WORKSAND THEIR MAINTENANCE(i) His Majesty’s Government authorize the Governmentof Indias to proceed with the execution of the Projectand for this purpose His Makesty’s Government shallacquire all such lands as the Government of India mayrequire and will permit the access to, the movementwithin the residence in the area indicated in the Plan ofofficers and field staff with labour force, draught,animals, vehicles, plants, machinery, equipment andinstruments as may be necessary for the execution ofthe Project and for its operation and maintenance afterits completion.(ii) In case of any apprehended danger or accident to anyof the structures, the officers of te Government ofIndia will execute all works which may be necessaryfor repairing the existing works or preventing suchaccidents and/or danger in the areas indicated in thePlan. If any of such works have to be constructed onlands as may be necessary for the purpose. In all suchcases the Government of India shall pay reasonablecompensation for the lands so acquired as well as fordamage, if any, arising out of the execution of theseworks.(ii) Lands requisioned under paragraph (i) shall be held bythe Government of India for the duration of therequisition and lands acquired under sub-clause (i) ortransferred under sub-clause (ii) shall vest in theGovernment of India as proprietor and subject topayment of land revenue (Malpot) at the rates at whichit is leviable on agricultural lands in theneighbourhood.
306 / International Watercourses Law and Its Application in South Asia Appendix / 307(iii) Lands requisitioned under paragraph (i) shall be heldby the Government of India for the duration of therequisition an lands acquired under sub-clause (i) ortransferred under sub-clause (ii) shall vest in theGovernment of India as proprietor and subject topayment of land revenue (Malpot) at the rates at whichit is leviable on agricultural lands in theneighbourhood.(iv) When such land vesting in the Government of India orany part thereof ceases to be required by theGovernment of India for the purposes of the Project,the Government of India will reconvey the same to HisMajesty’s Government free of charge.4. QUARRYINGHis Majesty’s Government shall permit the Government ofIndia on payment of reasonable royalty to quarry materialssuch as block stones, boulders, single and sand required forthe construction and maintenance of the Project from theareas indicated in the said plan.5. COMMUNICATIONS(i) His Majesty’s Government shall allow theGovernment of India to construct and maintain suchportion of the main Western Canal which falls in theNepal territory and to construct and maintaincommunications for the construction and maintenanceof the Project. The roads will be essentiallydepartmental roads of the Project and their use bycommercial and non-commercial vehicles of Nepalwill be regulated as mutually agreed upon between HisMajesty’s Government and the Government of India.(ii) The bridge over the Gandak Barrage will be open topublic traffic, but the Government of India shall havethe right to close the traffic over the bridge for repair,etc.(iii) The Government of India agree to provide lockingarrangements for facility of riverine traffic across theBarrage free from payment of any tolls whatever,provided that this traffic will be regulated by theProject staff in accordance with the rules mutuallyagreed upon between His Majesty’s Government andthe Government of India.(iv) The Government of India shall permit the use ofinternal telegraph, telephone; and radiocommunications as approximately indicated in thePlan for the bona fide purpose of the construction,maintenance and operation of the Project.(v)the Government of India shall permit the use ofinternal telegraph, telephone and radiocommunications as indicated in the Plan to theauthorized servants of His Majesty’s Government inemergencies, provided such use does not interfere withte construction, maintenance and operation of theProject.6. OWNERSHIP, OPERATION AND MAINTENANCEOF WORKSSubject to the provisions sub-clause (v) of clause 7, allworks connected with the Project in the territory of Nepalwill remain the property of and be operated and maintainedby the Government of India.7. IRRIGATION FOR NEPAL(i) The Government of Indial shall construct at their owncost the Western Nepal Canal including thedistributary system thereof down to a minimumdischarge of 20 ft3/s for providing flow irrigation inthe gross commanded area estimated to be about40,000 acres.(ii) The Government of India shall construct the EasternNepal Canal from the tail end of the Don BranchCanal up to river Bagmati including the distributary
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PrefaceIn this book, the author has
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