Treaty of "Peace and Friendship" between the Government of India and the Gvernment of Nepal, 1950
The Government of India and the Government of Nepal recognizing the ancient ties which have happily existed between the two countries for centuries;
Desiring still further to strengthen and develop these ties and to perpetuate peace between the two
countries;
Have resolved therefore to enter into a Treaty of Peace and Friendship with each other, and have, for this purpose, appointed as their plenipotentiaries the following persons, namely, THE GOVERNMENT OF INDIA, HIS EXCELLENCY SHRI CHADRESHWAR PRASAD NARAIN SINGH, Ambassador of India in Nepal; THE GOVERNMENT OF NEPAL, MOHAN SHAMSHER JANG BAHADUR RANA, Maharaja, Prime Minister and Supreme-Commander- in-Chief of Nepal, who having examined each other's credentials and found them good and in due form have agreed as follows:
ARTICLE-1
There shall be everlasting peace and friendship between the government of India and the Government of Nepal. The two Governments agree mutually to acknowledge and respect the complete sovereignty, territorial integrity and independence of each other.
ARTICLE-2
The two Governments hereby undertake to inform each other of any serious friction or misunderstanding with any neighboring State likely to cause any breach in the friendly relations subsisting between the two Governments.
ARTICLE-3
In order to establish and maintain the relations referred to in Article 1 the two Governments agree to
continue diplomatic relations with each other by means of representatives with such staff as is necessary for the due performance of their functions.
The representatives and such of their staff as may be agreed upon shall enjoy such diplomatic privileges and immunities as are customarily granted by international law on a reciprocal basis:
Provided that in no case shall these be less than those granted to persons of a similar status of any other State having diplomatic relations with either Government.
ARTICLE-4
The tow Governments agree to appoint Consuls-General, Consuls, vice-consuls and other consular
agents, who shall reside in towns, ports and other places in each other's territory as may be agreed to.
Consuls-General, Consuls, vice-consuls and consular agents shall be provided with executors or other valid authorization of their appointment. Such executor or authorization is liable to be withdrawn by the country which issued it, if considered necessary. The reasons for the withdrawal shall be indicated wherever possible.
The persons mentioned above shall enjoy on a reciprocal basis all the rights, privileges, exemptions and immunities that are accorded to persons of corresponding status of any other State.
ARTICLE-5
The Government of Nepal shall be free to import, from or through the territory of India, arms, ammunition or warlike material and equipment necessary for the security of Nepal. The procedure for giving effect to this arrangement shall be worked out by the two Governments acting in consultation.
ARTICLE-6
Each Government undertakes, in token of the neighborly friendship between India and Nepal, to give to the nationals of the other, in its territory, national treatment with regard to participation in industrial and economic development of such territory and to the grant of concessions and contracts relating to such development.
ARTICLE-7
The Governments of India and Nepal agree to grant, on a reciprocal basis, to the nationals of one country in the territories of the other the same privileges in the matter of residence, ownership of property, participation in trade and commerce, movement that privileges of a similar nature.
ARTICLE-8
So far as matters dealt with herein are concerned, this Treaty cancels all previous treaties, agreements, and engagements entered into on behalf of India between the British Government and the Government of Nepal.
ARTICLE-9
This Treaty shall come into force from the date of signature by both Governments.
ARTICLE-10
The Treaty shall remain in force until its is terminated by either party by giving one year's notice.
Done in duplicate at Kathmandu this 31st day of July, 1950.
(Sd.) CHANDRESHWAR PRASAD
NARAIN SINGH
For the Government of India
(Sd.) MOHAN SHAMSHER JANG BAHADUR
RANA
For the Government of Nepal
Letter from the Ambassador of India to the Prime Minister of
Nepal Kathmandu
Dated the 31st July 1950
YOUR HIGHNESS,
In the course of our discussion of the Treaties of Peace and Friendship and of Trade and Commer
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SINO-NEPALESE TREATY OF PEACE AND FRIENDSHIP,
THE Chairman of the People's Republic of China and His Majesty the King of Nepal, desiring to maintain and further develop peace and friendship between the People's Republic of China and the Kingdom of Nepal.
CONVINCED that the strengthening of good-neighborly relations and friendly co-operation between the People's Republic of China and the Kingdom of Nepal is in accordance with the fundamental interests of the peoples of the two countries and conducive to the consolidation of peace in Asia and the world,
HAVE decided for this purpose to conclude the present Treaty in accordance with the Five Principles of peaceful co-existence jointly affirmed by the two countries, and have appointed as their respective Plenipotentiaries:
The Chairman of the People's Republic of China:
Premier Chou En-lai of the State Council,
His Majesty the government of Nepal:
Prime Minister Bishweshwar Prasad Koirala.
THE above-mentioned Plenipotentiaries,
HAVING examined each other's credentials and found them in good and due form,
HAVE agreed upon the following:
Article I
The Contracting Parties recognize and respect the independence, sovereignty and territorial integrity of each other.
Article II
The Contracting Parties will maintain and develop peaceful and friendly relations between the People's Republic of China and the Kingdom of Nepal. They undertake to settle all disputes between them by mean of peaceful negotiation.
Article III
The Contracting Parties agree to develop and further strengthen the economic and cultural ties between the two countries in a spirit of friendship and co-operation, in accordance with the principles of equality and mutual benefit and of non-interference in each other's internal affairs.
Article IV
Any difference or dispute arising out of the interpretation or application of the present Treaty shall be settled by negotiation through normal diplomatic channel.
Article V
This present Treaty is subject to ratification and the instruments of ratification will be exchanged in Peking as soon as possible.
The present Treaty will come into force immediately on the exchange of the instruments of ratification1 and will remain in force for a period of ten years.
Unless either of the Contracting Parties gives to the other notice in writing to terminate the Treaty at least one year before the expiration of this period, it will remain in force without any specified time limit, subject to the right of either of the Contracting Parties to terminate it by giving to the other in writing a year's notice of its intention to do so.
DONE in duplicate in Kathmandu on the twenty-eighth day of April 1960, in the Chinese, Nepali and English languages, all texts being equally authentic.
Plenipotentiary of the People's
CHOU EN-LAI
Republic of China
Sd/
Plenipotentiary of the kingdom
B.P. Koirala
kingdom of Nepal
Sd/-
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The Treaty of Segowlee
Treaty of Peace between the Honourable East India Company and Maha Rajah Bikram Sah, Rajah of Nipal, settled between Lieutenant-Colonel Bradshaw on the part of the Honourable Company, in virtue of the full powers vested in him by his Excellency the Right Honourable Francis, Earl of Moira, Knight of the Most Noble Order of the Garter, one of His Majesty's Most Honourable Privy Council, appointed by the Court of Directors of the said Honourable Company to direct and control all the affairs in the East Indies, and by Sree Gooroo Gujraj Misser and Chunder Seekur Opedeea on the part of Maha RajahGirmaun Jode Bikram Shah Bauder, Shumsheer Jung, In virtue of the powers to that effect vested in them by the said Rajah of Nipal,—2nd December 1815. WHEREAS war has arisen between the Honourable East India Company and the Rajah of Nipal, and
WHEREAS the parties are mutually disposed to restore the relations of peace and amity which, previously to the occurrence of the late differences, had long subsisted between the two States, the following terms of peace have been agreed upon:
Article 1st
There shall be perpetual peace and friendship between the Honourable East Company and the Rajah of Nipal.
Article 2nd
The Rajah of Nipal renounces all claim to the lands which were the subject of discussion between the two States before the war; and acknowledges the right of the Honourable Company to the sovereignty of those lands.
Article 3rd
The Rajah of Nipal hereby cedes to the Honourable East India Company in perpetuity allthe
under-mentioned territories, viz.—
Firstly
The whole of the low lands between the Rivers Kali and Rapti.
Secondly
The whole of the low lands (with the exception of Bootwul Khass) lying between the Rapti and the
Gunduck.
Thirdly
The whole of the low lands between the Gunduck and Coosah, in which the authority of the British
government has been introduced, or is in actual course of introduction.
Fourthly
All the low lands between the Rivers Mitchee and the Teestah.
Fifthly
All the territories within the hills eastward of the River Mitchee including the fort and lands of Nagree and the Pass of Nagarcote leading from Morung into the hills, together with the territory lying between that Pass and Nagree. The aforesaid territory shall be evacuated by the Gurkah troops within forty days from this date.
Article 4th
With a view to indemnify the Chiefs and Barahdars of the State of Nipal, whose interests till suffer by the alienation of the lands ceded by the foregoing Article, the British Government agrees to settle pensions to the aggregate amount of two lakhs of rupees per annum on such Chiefs as may be selected by the Rajah of Nipal, and in the proportions which the Rajah may fix. As soon as the selection is made, Sunnuds shall be granted under the seal and signature of the Governor-General for the pensions respectively.
Article 5th
The Rajah of Nipal renounces for himself, his heirs, and successors, all claim to or connexion with the countries lying to the west of the River Kali and engages never to have any concern with those countries or the inhabitants thereof.
Article 6th
The Rajah of Nipal engages never to molest or disturb the Rajah of Sikkim in the possession of his
territories; but agrees, if any differences shall arise between the State of Nipal and the Rajah of Sikkim or the subjects of either, that such differences shallberefereed to the arbitration of the British Government by whose award the Rajah of Nipal engages to abide.
Article 7th
The Rajah of Nipal hereby engages never to take or retain in his service any Britishsubject, nor thesubject of any European and American State, without the consent of the British Government.
Article 8th
In order to secure and improve the relations of amity and peace hereby established between the two
States, it is agreed that accredited Ministers from each shall reside at the Court of the other.
Article 9th
This treaty, consisting of nine Articles, shall be ratified by the Rajah of Nipal within fifteen days from this date, and the ratification shall be delivered to lieut.-Colonel Bradshaw, who engages to obtain and deliver to the Rajah the ratification of the Governor-General within twenty days, or sooner, if practicable.
DONE at Segowlee, on the 2nd day of December 1815.
PARIS BRADSHAW, LT.-COL.,P.A.
Received this treaty from Chunder Seekur Opedeea, Agent on the part of the Rajah of Nipal, in the valley of Muckwaunpoor, at half-past two o'clock p.m. on the 4th of March 1816, and delivered to thim the Conterpart Treaty on behalf of the British Government.
DD. OCHTERLONY,
Agent, Governor-General
Memorandum for the approval and acceptance of the Rajah of Nipal, presented on December 8, 1816
ADVERTING to the amity and confidence subsisting with the Rajah of Nipal, the British Government proposes to suppress as much as possible, the execution of certain Articles in the Treaty of Segowlee, which bear hard upon the Rajah as follows:
With a view to gratify the Rajah in a point which he has much at heart, the British Government is willing to restore the Terai ceded to it by the Rajah in the Treaty, to wit,the whole Terai lands lying between the Rivers Coosah and Gunduck, such as appertained to the Rajah before the late disagreement; excepting the disputed lands in the Zillahs of Tirhoot and Sarun, and excepting such portions of territory as may occur on both sides for the purpose of settling a frontier, upon investigation by the respective Commissioners; and excepting such lands as may have been given in possession to any one by the British Government upon ascertainment of his rights subsequent to the cession of Terai to the Government. In case the Rajah is desirous of retaining the lands of such ascertained proprietors, they may be exchanged for others, and let it be clearly inderstood that, notwithstanding the considerable extent of the lands in the Zillah of Tirhoot, which have for a long time been a subject of dispute, the settlement made in theyear 1812 of Christ, corresponding with year 1869 of Bikramajeet, shall be taken, and everything else relinquished, that is to say, that the settlement and negotiations, such as occurred at that period, shall in the present case hold good and be established.
The British Government is willing likewise to restore the Terai lying between the Rivers Gunduk and Rapti, that is to say, from the River Gunduk to the western limits of the Zillah of Goruckpore, together with Bootwul and Sheeraj, such as appertained to Nipal previous to the disagreements, complete, with the exception of the disputed places in the Terai, and such quantity of ground as may be considered mutually to be requisite for the new boundary.
As it is impossible to establish desirable limits between the two States without survey, it will be expedient that Commissioners be appointed on both sides for the purpose of arranging in concert a well defined boundary on the basis of the preceding terms, and of establishing a straight line of frontier, with a view to the distinct separation of the respective territories of the British Government to the south and of Nipal to the north; and in case any indentations occur to destroy the even tenor of the line, the Commissioners should effect an exchange of lands so interfering on principles of clear reciprocity.
And should it occur that the proprietors of lands situated on the mutual frontier, as it may be rectified, whether holding of the British Government of of the Rajah of Nipal, should be placed in the condition of subjects to both Governments, with a view to prevent continual dispute and discussion between the two Governments, the respective Commissioners should effect in mutual concurrence and co-operation the exchange of such lands, so as to render them subject to one dominion alone.
Whensoever the Terai should be restored, the Rajah of Nipal will cease to require the sum of two lakhs of Rupees per annum, which the British Government agreed to advance for the maintenance of certain Barahdars of his Government.
Moreover, the Rajah of Nipal agrees to refrain from prosecuting any inhabitants of the Terai, after its
revertance to his rule, on account of having favoured the cause of the British Government during the war, and should any of those persons, excepting the cultivators of the soil, be desirous of quitting their estates, and of retiring within the Company's territories, he shall not be liable to hindrance.
In the event of the Rajah's approving the foregoing terms, the proposed arrangement for the survey and establishment of boundary marks shall be carried into execution, and after the determination in concert, of the boundary line, Sunnuds conformable to the foregoing stipulations, drawn out and sealed by the two States, shall be delivered and accepted on both sides.
EDWARD GARDNER
Resident
Substance of a Letter under the Seal of the Rajah of Nipal,
received on December 11, 1816
After compliments :
I have comprehended the document under date the 8th of December 1816, or 4th of Poos, 1873 Sumbat, which you transmitted relative to the restoration, with a view to my friendship and satisfaction, of the Terai between the Rivers Coosa and Rapti to the southern boundary complete, such as appertained to my estate previous to the war. It mentioned that in the event of my accepting the terms contained in that document, the southern boundary of the Terai should be established as it was held by this Government.
I have accordingly agreed to the terms laid down by you, and herewith enclose an instrument of
agreement, which may be satisfactory to you. Moreover, it was written in the document transmitted by you, that it should be restored, with the exception of the disputed lands and such portion of land as should, in the opinion of the Commissioners on both sides, occur for the purpose of settling a boundary; and excepting the lands which, after the cessions of the Terai to the Honourable Company, may have been transferred by it to the ascertained proprietors. My friend, all these matters rest with you, and since it was also written that a view was had to my friendship and satisfactions with respect to certain Articles of the Treaty of Segowlee, which bore hard upon me, and which could be remitted, I am well assured that you have at heart the removal of whatever may tend to my distress, and that you will act in a manner corresponding to the advantage of this State and the increase of the friendly relations subsisting between the two Governments.
Moreover I have to acknowledge the receipt of the orders under the red seal of this State, addressed to the officers of Terai between the Rivers Gunduk and Rapti, for the surrender of that Terai, and their retiring from thence, which was given to you at Thankote, according to your request, and which you have now returned for my satisfaction.
Substance of a Document under the Red Seal, received from the
Durbar, on December 11, 1816
With regard to friendship and amity, the Government of Nipal agrees to the tenor of the document under date the 8th of December 1816 or 4th Poos 1873 Sumbat which was received by the Durbar from the Honourable Edward Gardner on the part of the Honourable Company, respecting the revertance of the Terai between the Rivers Coosa and Rapti to the former southern boundary, such as appertained to Nipal previous to the war, with exception of the disputed lands.
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