A New India
Chapter 293 - 293: DOCUMENT - II

(b) The term "personal effects" shall include for each household one motor vehicle, one electric cooker, one washing machine, one boiler, one refrigerator and one deep-freezer, one radio or radio-gramophone, one television set, one tape-recorder, two air conditioners, minor electrical appliances, as weai as cine and photographic equipment.

(c) If, in individual cases, differences of opinion arise as to whether an article falls within the category of personal effects, such article may also be imported free of duty up to a maximum dutiable value of one thousand Indian Rupees.

(d) Duty and tax-free impotation shall be granted on condition that such articles are re-exported as soon as the expert concerned leaves India upon completion of his activities within the framework of the present Agreement. Such exportation shall not be subject to any restriction.

(e) If such an article is disposed of in India, the permission of the Government of India shall be obtained prior to the sale. Customs duty shall be paid under applicable Indian regulations. The sale shall be subject to such terms and conditions as may be imposed by the Government of India. The sales proceeds shall be freely transferable.

(f) If the seviceability of these articles or parts thereof is substantially affected, replacements or spare parts of similar type and quality may be imported free of duty up to a reasonable limit as may be mutually decided from time to time.

(3) The Government of India shall permit the experts to import, free of duty and taxes, articles for their personal use, in which case the following annual maximum values, based on the invoice value of the imported articles, shall apply .

(a) two thousand seven hundred and fifty German Marks for experts not having their families in India,

(b) four thousand five hundred German Marks for experts having their families in India.

Should an expert stay less than a year in India, the aforementioned amounts shall be recalculated in terms of the corresponding number of months. At the request of one of the Contracting Parties these amounts may be revised while the present Agreement is in force. In addition, the importation of medicaments will be permitted up to a maximum value of five hundred German Marks per year. Steps shall be taken to ensure that such medicaments which may be urgently required and are delivered by air are promptly released by the competent Indian authorities.

(4) The Government of India shall permit the experts, their families and other members of their households to enter or leave the country free of charge at any time and grant free of charge work and residence permits as required,

(5) The experts shall be accored free medical care to the same extent as it is accorded to First Grade Officers of th Government of India.

(6) The Govenment of India shall issue to the experts a document of identification containing an assurance that the national authorities will assist them in the performance of their duties.

Article 5

(1) The Government of India shall have the right to request the Government of the Federal Republic of Germany to have experts recalled if their personal conduct so justifies or their work is not up to the required professsional standard; however, it shall consult the appropriate German mission before making such request.

The Government of the Federal Republic of Germany after consultation with the Government of India shall have the right to recall experts employed within the framework of this Agreement at any time. In order not to impair the agreed project, it shall replace such recalled experts as soon as possible.

(2) In respect of any damage to a third party caused by an expert in connection with the execution of a task assigned to him under the present Agreement, the Government of India shall be liable in his place. Any claim against the expert shall to that extent be precluded.

(3) The Government of India may not assert any claim for compensation against the expert, irrespective of any legal foundation of such claim, except in the case of deliberate intention or gross negligence. The Government of the Federal Republic of Germany shall render all possible administrative assistance to the Indian authorities competent for the enforcement of claims for reimbursement.

Article 6

The present Agreement shall also apply to Land Berlin, provided that the Government of the Federal Republic of Germany does not make a contrary declaration to the Government of India within three months of the date of entry into force of the present Agreement.

Article 7

All correspondence relating to matters connected with the implementation of the present Agreement shall be conducted in the English language.

Article 8

(1) The present Agreement shall enter into force on the date of signature there of and shall remain in force for a period of five years provided that it can be terminated by either Party giving three months notice, and provided further that it can be modified by mutual consent.

(2) After the expiring of the five-year-period mentioned in paragraph (1) above, the present Agreement shall be tacitly extended for successive periods of twelve months unless either of the Contracting Parties denounces it three months prior to the expiry of any such period.

(3) The present Agreement shall also apply to projects agreed upon prior to the entry into force of the Agreement of 28th March, 1966 and within the framework of that Agreement, between the Contracting Parties concerning Technical Co-operation.

(4) All projects of technical co-operation already started shall, after the expiration of this Agreement, remain subject to its provisions until the completion of the said projects.

DONE at Bonn on 25 July 1955,

In six originals, two each in the Hindi, German and English languages, In the event of difficulties regarding the interpretation of the present Agreement, the English text shall prevail.

For the Government For the Government of the of India Federal Republic of Germany

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AUTHOR

This is a direct copy of 1971 Agreement between India and Germany.

Source- MEA Website