AGREENT BETWEEN THE GOVERNNT OF INDIA AND THE GOVERNNT OF THE FEDERAL REPUBLIC OF GERMANY
CONCERNNG TECHNICAL COOPERATION
Bonn, 25 July 1955
The Governnt of INDIA
The Governnt of the Federal Republic of GERMANY,
On the basis of the friendly relations existing between the two countries and their peoples,
DESIRING to intensify those relations,
CONSIDERING their common interest in promoting the technical and economic developnt of their countries,
RECOGNIZING the benefits to be derived by both countries from closer technical cowoperation,
HAVE AGREED as follows .
Article 1
(1) The Governnt of the Federal Republic of Germany shall, within the frawork of the present Agreent, grant technical assistance to the Governnt of India on a basis of equal partnership.
(2) The Contracting Parties shall, on the basis of the present Agreent, conclude arrangents concerning individual projects.
(3) Technical assistance may also be granted to certain persons, agencies or organisations if the Contracting Parties so agree.
Article 2
(1) In order to attain the aims of the present Agreent the Governnt of the Federal Republic of Germany shall endeavour to assist the Governnt of India by the following asures .
(a) The promotion of specialized institutes, organizations and training centres as well as pilot projects in the Indian developnt sectors by sending experts, by undertaking the training of Indian nationals, and by providing equipnt including, if necessary, replacents and supplentary equipnt as well as spare parts.
(b) The dispatch of consultants to prepare studies on individual projects.
(c) Co-operation between the two countries in the field of education and training.
(d) Co-operation between scientific institutions in the two countries by dispatching or arranging for the dispatch of scientific personnel and by providing equipnt.
(e) The provision of scholarships and training facilities for Indian nationals in the Federal Republic of Germany or in another country, or in institutions which receive assistance under German technical assistance programs in India.
(2) All personnel to be dispatched by the Governnt of the Federal
Republic of Germany shall hereinafter be referred to as "experts."
Article 3
(1) The Governnt of India shall :
(a) provide at its expense the land and buildings required for the various projects as well as the equipnt which is not supplied by the Governnt of the Federal Republic of Germany;
(b) bear the cost of harbour-dues, import duties, taxes or other public charges levied in India in respect of the equipnt supplied under paragraph I(a) of Article 2 of this Agreent on behalf of the Governnt of the Federal Republic of Germany, and bear the cost of transport in India; steps shall be taken to ensure that such equipnt which may be urgently required for projects and is delivered to India by air is promptly released by the competent Indian authorities;
(c) assu any taxes including sales tax on articles of equipnt, replacents and spare parts procured in India at the expense of the Federal Republic of Germany;
(d) bear the running and maintenance costs incurred in execution of the projects;
(e) provide the experts with air-conditioned offices with telephones as well as transport for duty trips undertaken locally or in the project area, if necessary;
(f) provide at its expense Indian technical and auxiliary personnel, as well as interpreters and typists as required for the various projects;
(g) ensure that the experts will be replaced by qualified Indian nationals after a reasonable period of ti, In so far as such personnel are undergoing training in the Federal Republic of Germany or in another country it shall in good ti put forward enough candidates for such training;
It shall ensure that after completing their trainmg, the Indian nationals will be employed with the institutions or projects receiving assistance for at least five years and that appropriate consideration is given to their respective levels of training.
(2) The Contracting Parties shall upon or imdiately after the conclusion of the appropriate arrangent under paragraph 2 of Article 1 of this Agreent define precisely in writing which articles of equipnt shall be provided by each Contracting Party. If subsequent changes in the equipnt to be supplied beco necessary, such changes shall be mutually agreed upon sumciently in ti before actual shipnt,
(3) The articles supplied on behalf of the Federal Republic of Germany shall upon arrival in Indian territory beco the property of the Governnt of India on condition that they remain at the unrestricted disposal of the experts for the purpose and duration of their assignnt under the present Agreent.
Article 4
(1) The Governnt of India shall
(a) pay in respect of every expert who is employed in India for longer than three months for the duration of his assignnt a fixed allowance of Rs.1000 per month for the renting of an adequate, furnished dwelling for himself and his family and to cover the cost of any duty trips in India; such fixed allowance shall continue to be paid whilst the expert is on tour, sick leave or ordinary leave as well as for the month in which •the expert has left India after concluding his assignnt; it shall pay the fixed allowance for three months at a ti into an account to be nad by the Embassy of the Federal Republic of Germany; it shall assist the experts in obtaining suitable dwellings;
(b) exempt the experts from taxation in respect of the emolunts paid to them by the Governnt of the Federal Republic of Germany and guarantee that they shall not be required to pay fiscal charges, if any* payable on emolunts received by them from the Federal Republic of Germany or incidental to their professional duties in India.
(2) (a) The Governnt of India shall permit the experts to import free of duty their professional equipnt and personal effects within a period of four months after the person concerned has first entered the country. This period shall be extended if the arrival of the families of the German experts and. other mbers of their households or of articles in India is delayed for special reasons.
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