Overeenkomst inzake technische samenwerking tussen het Koninkrijk der Nederlanden en de Republiek India
The Government of the Kingdom of the Netherlands, and the Government of the Republic of India, desiring to strengthen the friendly ties between the two countries and their peoples through the development of technical cooperation, have agreed as follows.
The two Governments will encourage and facilitate, on the basis of equality and mutual benefit, the implementation of technical cooperation projects, in conformity with their policies of economic and social development.
Within the framework of technical cooperation envisaged in Article 1, the competent authorities of the two Governments may decide to implement technical cooperation projects in the field of economic or social development. If the respective competent authorities agree upon the implementation of a technical cooperation project, specific arrangements shall be drawn up in accordance with the principles embodied in this Agreement which will specify the Netherlands and Indian contributions to the project and the manner in which the project is to be implemented.
The experts proposed or nominated by the Netherlands will be required to be approved by the Government of India. The experts provided by the Netherlands shall respect the laws and regulations prevailing in India and perform advisory functions in accordance with the provisions of the Agreement as well as the specific arrangements agreed for individual projects. After consultation with the Government of the Netherlands, the Government of India may request the recall or replacement of any expert made available under this Agreement, whose work or personal conduct should prove to be unsatisfactory.
The Government of the Netherlands shall have the right to recall at any time, after consultation with the Government of India, any expert made available under this Agreement. If it is deemed necessary by both Governments, the recalled expert will be replaced as soon as possible.
The Government of India shall provide assistance, privileges and tax exemptions as listed in the Annex to this Agreement to all experts, other than Indian national resident in India, provided or financed by the Netherlands under this Agreement.
The Government of India shall bear the liability arising, if any in respect of any damage, including damage to a third party, caused by an expert in the performance of the task assigned to such expert. Any claim against the said expert or the Government of the Netherlands shall to that extent be precluded.
The Government of India may not make any claim for compensation against the said expert, irrespective of any legal foundations of such claim, except in the case of deliberate intention or gross negligence in which case the Government of the Netherlands shall render all possible administrative assistance to the Indian authorities competent for the enforcement of the claim for reimbursement.
Equipment and other supplies made available by the Government of the Netherlands for a project agreed upon under this Agreement shall become the property of the Government of India upon arrival in Indian territory, and will be used exclusively on such projects, unless mutually agreed upon otherwise. The Government of the Kingdom of the Netherlands will not have to bear any taxes, duties and fiscal charges imposed in India on such equipment and supplies.
Whenever the two Governments consider it necessary, their representatives will meet in order to review the results of the activities undertaken under this Agreement and to consider, by mutual consent, any question relating to the implementation of this Agreement.
This Agreement including the Annex shall come into force on the date on which the two Governments have notified each other in writing that the required procedures have been fulfilled. This Agreement may be amended by an exchange of diplomatic notes between the two Governments and shall take effect on the date on which the two Governments have notified each other in writing that the required procedures have been fulfilled.
This Agreement shall remain in force for a period of five years and shall be automatically renewed thereafter each time for a further period of three years, unless either Government gives written notice, six months in advance, of its desire to terminate the Agreement. In the event of such termination the two Governments shall mutually agree upon the completion of the projects undertaken under this Agreement. With respect to the Kingdom of the Netherlands this Agreement shall apply to the European part of the Kingdom only.
DONE at New Delhi on 13th December, 1983 in two originals each in English and Hindi, both the texts being equally authentic. In the event of differences in interpretation of this Agreement, the English text shall prevail.
For the Government of the Kingdom of the Netherlands,
(sd.) E. SCHOO
Minister for Development Cooperation Government of the Netherlands
(sd.) A. VAN DER WILLIGEN
(A. van der Willigen)
For the the Government of the Republic of India,
(sd.) P. MUKHERJEE
Minister of Finance Government of India