AGREEMENT
BETWEEN HER MAJESTY'S GOVERNMENT IN THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF INDIA ON THE
TRANSFER OF MINICOY LIGHTHOUSE
London, 19
September 1963
An
Agreement made on the Nineteenth day of September, 1963, between
the Minister of Transport of the United Kingdom of Great Britain
and Northern Ireland (hereinafter called the 'Minister of Transport')
of the one part and the Government of India of the other part;
WHEREAS
the lighthouse on Minicoy Island (hereinafter referred to as 'the
Lighthouse') has been administered by the Government of India since
the second day of April, nineteen hundred and fifty-six;
AND
WHEREAS it is desired to conclude an Agreement for the purpose of
the transfer of lighthouse and the sum held in the General Lighthouse
Fund (hereinafter referred to as "the Fund") in connection therewith
to the Government of India by the Minister of Transport, it is hereby
agreed as follows :
Article
I |
|
a- |
The
Minister of Transport hereby transfers to the Government of
India all the interest held by him in the lighthouse and' in
the appurtenances thereto and, henceforth, all the rights, directly
or indirectly, exercised, possessed, asserted or claimed by
the Minister of Transport in respect of the lighthouse shall
be vested in and exercised, possessed, asserted or claimed exclusively
by the Government of India. |
|
b- |
The
transfer includes the right of property in the lighthouse structure,
other public buildings whether permanent or temporary, fortifications,
barracks, machinery, equipment and any other articles or accessories
used on the Minicoy Island for the lighthouse, any records,
papers or documents now on Minicoy Island relating to the lighthouse,
and any rights, franchises and privileges belonging to the Minister
of Transport in respect of the lighthouse. |
Article
II |
|
The
Minister of Transport shall pay within a period of two months
from the date of this Agreement to the Government of India out
of the Fund the following sums, that is to say : |
|
a- |
such
sum as the Minister of Transport, with the consent of the Treasury,
may determine to be equivalent to the excess of the proportion
of the Fund attributable to light dues in respect of the lighthouse
for the period ending with the second day of April, nineteen
hundred and fifty-six, over the aggregate of the expenses in
connection with the Lighthouse relating to that period and falling
to be paid out of the Fund; |
|
b- |
a
sum equal to interest at the rate of four per cent per annum
on the sum payable by virtue of the foregoing paragraph for
the period beginning with the third day of April, nineteen hundred
and fifty-six, and ending with the day on which the last mentioned
sum is paid; |
|
c- |
all
the sums carried to the Fund and attributable to light dues
in respect of the lighthouse after the second day of April,
nineteen hundred and fifty-six; |
|
d- |
in
respect of each of the sums referred to in the last foregoing
paragraph, a sum equal to interest at the rate of four per cent
per annum thereon for the period beginning with the relevant
day and ending with the day on which the sum so referred 5 is
paid. |
|
In
this Article : |
|
|
i- |
In
paragraph (a) the reference to expenses falling to be paid out
of the Fund includes a reference to expenses which fell to be
paid out of the Bases Lights Fund [the balance of which was
transferred to the Fund by the Merchant Shipping (Mercantile
Marine Fund) Act, 18981, and |
|
|
ii- |
In
paragraph (d) 'relevant day' means in relation to a sum referred
to in paragraph (c) of this Article, the thirtieth day of September
falling in the year in which that sum was carried to the Fund,
and for the purposes of this paragraph a year shall be treated
as a period of twelve months ending with the thirty-first day
of March. |
Article
III |
|
The
Minister of Transport shall pay pensions or other contributions
in lieu of pensions in respect of lighthouse service staff who
had retired or whose claims had become
due by the second day of April, nineteen hundred and fifty-six.
|
In
witness whereof the Minister of Transport has caused
his Official seal to be affixed and Mohammed Ali Currim
Chagla High Commissioner for India, London, on behalf of the Government
of India has hereunto set his hand the
day and year first above written.
The
official seal of the Minister of Transport was
hereto affixed in the presence of:
Ernst Marple,
The Minister of Transport.
SEAL
No. in Seal
Register C. 8065
M.C. Chagla
High Commissioner for India.
Signed
by the above named in the presence of:
US Bajpai
September 19,1963.
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