AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES RELATING TO AIR SERVICES
20 October 1949.
The Government of India and the Government of the Republic of the Philippines, , DESIRING to conclude an agreement for the operation
of air service AGREE as follows:
Each Contracting Party grants to the other Contracting Party the right to op.erate the air services specified in the Annex to this
Agreement (hereinafter referred to as the "specified air services") on the routes specified in the said Annex (hereinafter
referred to as the "specified air routes").
(A) Each of the specified air services may be inaugurated immediately or at a later date at the option of the Contracting Party to
whom the rights under this Agreement are granted, on condition that:
(1) the contracting Party to whom the rights have been granted shall have designated an airline or airlines (hereinafter referred
to as the "designated airline") for the specified air route concerned, and
(2) the Contracting Party which grants the rights shall have given the appropriate operating permission to the airline concerned pursuant
to paragraph (B) of this Article which it shall do with the least possible delay.
(B) A designated airline may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights that
it is qualified to fulfil the conditions prescribed by or under the laws and regulations normally applied by those authorities to
the operation of international air services.
(C) The operation of each of the specified air services shall be subject to the agreement of the Contracting Party concerned that
its route organisation available for civil aviation on the specified air route is adequate for the safe operation of air services.
The designated airline of each Contracting Party shall enjoy, while operating the specified air services, the privilege I
(a) to fly across the territory of the Contracting Party without landing,
(b) to land in such territory for non-traffic purposes, and
(c) subject to the provisions of Article IV, to set down or pick up in such territory, at the points specified in the Annex, international
traffic originating in or destined for the territory of the former Contracting Party or of a third country on the specified air route
(A) The aeronautical authorities of the Contracting Parties shall jointly determine in respect of an agreed period the total capacity
required for the carriage, at a reasonable load factor, of all traffic, that is to say passengers, cargo and mail, which may reasonably
be expected to originate in the territory of each Contracting Party and to be disembarked in the territory of the other Contracting
Party on the specified air services to be operated during that period on each of the specified air routes.
(B) Subject to the provisions of paragraph (C) of this Article, each Contracting Party shall have the right to authorise its designated
airlines to make available for the carriage of the traffic specified in paragraph (A) of this Article whether on services terminating
in or on services passing through the territory of the other Contracting Party half the capacity for the specified air services determined
in accordance with the provisions of the said paragraph (A).
(i) If the designated airlines of either Contracting Party are not able or willing to provide the whole of the capacity to which that
Contracting Party is entitled in accordance with paragraph (B) of this Article, the aeronautical authorities of the Contracting Parties
shall authorise the designated airlines of the other Contracting Party to provide additional capacity equal to the difference between
the capacity actually provided by the designated airlines of the first Contracting Party and the capacity to which that Contracting
Party is entitled under the said paragraph (B) hereinafter referred to as "the deficient capacity".
(ii) If the designated airlines of one Contracting Party which have been providing less than the capacity to which that Contracting
Party is entitled become able and willing to provide the whole or part of the deficient capacity, they may serve a notice not less
than six months to this effect on the aeronautical authorities of both Contracting Parties and also on the airlines which have been
providing the additional capacity. In such event and unless both the said aeronautical authorities direct within 30 days of the receipt
of the notice that the notice shall not take effect, the latter airlines shall on or before the expiry of the said rlotice accordingly
withdraw the whole or part of the additional capacity which they had been providing and the former airlines shall then provide the
deficient capacity or part thereof, as the case may be.
(D) The designated airlines of either Contracting Party may set down and pick up in the territory of the other Contracting Party traffic
coming from or destined for third countries on any specified air routes only in accordance with the following provisions:
(i) If such third country is situated between the territories of the Contracting Parties, any part of the capacity provided by those
airlines in accordance with the provisions of paragraphs (A), (B) and (C) of this Article may be used for this purpose.
(ii) If such third country is situated beyond the territory of the other Contracting Party, the capacity that may be used for this
purpose shall be such as shall be agreed between the aeronautical authorities of both the Contracting Parties as being unlikely to
prejudice unduly, during an agreed period, the interests of the airlines of the other Contracting Party operating between the latter's
territory and the third country concerned.
(E) (i) In this Article, "agreed period" means the first six months from the date this Agreement comes into force and, thereafter,
every succeeding period of six months unless otherwise agreed between the aeronautica authorities.
(ii) The capacity to be provided shall be discussed in the first instance between the designated airlines of the Contracting Parties
and, if possible, agreed between them. The aeronautical authorities of both Contracting Parties shall have the right to be represented
at these discussions.
(iii) Any agreement so reached between the designated airlines of the Contracting Parties shall be subject to the approval of the
aeronautical authorities of the Contracting parties. Such approval by the aeronautical authorities shall constitute an agreement
as required by paragraphs (A), (C) and (D) of this Article.
(iv) If the aeronautical authorities of the Contracting Parties fail to agree on any matter on which their agreement is required under
the provisions of this Article the Contracting Parties themselves shall endeavour to reach agreement thereon. If the Contracting
Parties fail to reach such agreement the provisions of Article XI of this Agreement shall apply.
(v) Pending the completion of any review of capacity in accordance with the provisions of this Article the designated airlines of
the Contracting Parties shall be entitled to continue to make available the capacities provided on their existing air services.
The designated airlines of each Contracting Party may make a change of gauge at a point in the territory of the other Contracting
Party on the following conditions:
(i) that it is justified by reason of economy of operation;
(ii) that the aircraft used on the section more distant from the terminal in the territory of the former Contracting Party are smaller
in capacity than those used on the nearer section;
(iii) that the aircraft of smaller capacity shall be scheduled to connect with the aircraft of larger capacity and shall arrive at
the point of change for the primary purpose of carrying traffic transferred from, or to be transferred into, the aircraft of larger
(iv) that the provisions of Article IV shall govern all arrangements made with regard to change of gauge.
(A) The tariffs to be charged for the carriage of passengers and cargo on any of the specified air services shall be fixed at reasonable
levels, due regard being paid to all relevant factors, including economical operation, reasonable profit, difference of characteristics
of service (including standards of speed and accommodation) and the tariffs charged by other airlines on the route or section thereof
(B) The tariffs in respect of each route and each section thereof shall be agreed between the designated airlines concerned in consultation
with other airlines operating on the same route or section and shall have regard to any relevant rates adopted by the International
Air Transport Association. The tariffs so agreed shall be subject to the approval of the aeronautical authorities of both Contracting
Parties, except that the approval of the aeronautical authorities of a Contracting Party shall not be necessary in respect of tariffs
for a route or section in which no designated airline of that Contracting Party is concerned. In the event of disagreement between
the designated airlines concerned or in case the aeronautical authorities do not approve the tariffs as required under this paragraph,
the Contracting Parties shall endeavour to reach agreement between themselves failing which the dispute shall be dealt with in accodance
with Article XI. Pending determination of the tariffs in accordance with this Article, the tariffs already in force shall prevail.
(C) Nothing in this Article shall be deemed to prevent either Contracting Party, in Agreement with the other Contracting Party, from
bringing into force tariffs fixed in accordance with practice recommended from time to time by the International Civil Aviation Organisation.
(A) Supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores introduced into or 'taken on board aircraft
of the designated airline of one Contracting Party in the territory of the other Contracting Party and remaining on board on departure
from the last airport of call in that territory shall be accorded, with respect to customs duty, inspection fees or similar charges,
treatment not less favourable than that granted by the second Contracting Party to its national airlines engaged in international
public transports provided that neither Contracting Party shall be obliged to grant to the designated airlines of the other Contracting
Party exemption or remission of customs duty, inspection fees or similar charges unless such other Contracting Party grants exemption
or remission of such charges to the designated airlines of the first Contracting Party.
(B) If, in the opinion of the aeronautical authorities of one of the Contracting Parties, the admission of regulations relating to
customs, immigration, quarantine and similar matters in the territory of the other Contracting Party imposes an onerous burden on
its designated airlines in the operation of the air services pursuant to this Agreement, the aeronautical authorities of such other
Contracting Party shall, upon request, enter into consultation to examine the situation.
(A) The aeronautical authorities of each Contracting Party shall supply to the aeronautical authorities of the other Contracting Party
(i) Information concerning the authorisations extended to its designated airlines to operate the specified air services;
(ii) such traffic statistics as may be appropriate for the purpose of reviewing the capacity and frequencies of the specified air
(iii) such periodical statements as may reasonably be required relating to the traffic carried by the designated airlines on the specified
air services including information concerning the origin and destination of such traffic; and
(iv) such other information in respect of the operation of the specified air services as may be required to enable the aeronautical
authorities to satisfy themselves that the requirements of this Agreement are being duly observed.
(B) Each Contracting Party shall cause its designated airline to supply to the aeronautical authorities of the other Contracting Party,
as long in advance as practicable, copies of time tables and tariff schedules and particulars concerning the types of aircraft to
be operated on the specified air services.
(A) Each Contracting Party reserves the right to withhold or revoke, or impose such appropriate conditions as it may deem necessary
with respect to, an operating permission to a designated airline of the other Contracting Party, if
(i) the first Contracting Party is not satisfied that substantial ownership and effective control of such designated airline are vested
in the other Contracting Party or its nationals,
(ii) such designated airline fails to comply with the laws and regulations of the first Contracting Party, or
(iii) in the judgment of the first Contracting Party, there is a failure to fulfil the conditions under which the rights are granted
to the other Contracting Party in accordance with this Agreement.
(B) Except in the case of failure to comply with laws and regulations, such action shall be taken only after due notice has been given
to the designated airline concerned and after opportunity has been given for consultation between the Contracting Parties. In the
event of action by one Contracting Party under this Article the rights of the other Contracting Party under Article XI shall not
(A) In a spirit of close collaboration, the aeronautical authorities of the two Contracting Parties will consult regularly with a
view to assuring the observance of the principles and the implementation of the provisions contained in this Agreement.
(B) Either Contracting Party may at any time request consultation with the other with a view to initiating any amendments of this
agreement which it may deem desirable. Such consultation shall begin within a period of sixty days fro,m the date of the request.
Any modification of this Agreement agreed as a result of such . consultation shall come into effect when it has been confirmed by
an exchange of diplomatic notes.
(C) Changes made by either Contracting Party in the intermediate stopping places on the specified air routes authorised to its designated
airlines except those which:
(1) change the places served by a designated airline in the territory of the other Contracting Party; or
(2) result in the route ceasing to he reasonably direct, shall not be considered as modifications of this Agreement and either Contracting
Party may therefore make such changes: Provided that notice of any such changes shall be given without delay to the aeronautical
authorities of the other Contracting Party. If the aeronautical authorities of such second Contracting Party find that the principles
set forth in Article IV of this Agreement are thereby infringed and such infringement unduly prejudices the interests of any of their
airlines because of the carriage by a designated airline of the first Contracting Party of traffic between the territory of the second
Contracting Party, and the new point in the territory of a third country the aeronautical authorities of the second Contracting Party
may request consultation in accordance with the provisions of paragraph (A) of this Article.
(D) Whether or not the procedure for consultation provided for in paragraph (A) of this Article has been initiated, either Contracting
Party may at any time give notice to the other of its desire to terminate this agreement and such notice shall be communicated simultaneously
to the International Civil Aviation Organisation. This Agreement shall terminate one year after the date of receipt by the other
Contracting Party of the notice to terminate unless the notice is withdrawn by agreement before the expiration of such period. In
the absence of acknowledgment of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen days
after the receipt of the notice by the International Civil Aviation Organisation.
(A) If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement or
of its Annex, the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves.
(B) If the Contracting Parties fail to reach a settlement by negotiation,
(i) they may agree to refer the dispute for decision to an arbitral tribunal or some other person or body appointed by agreement between
(ii) if they do not so agree or if, having agreed to refer the dispute to an arbitral tribunal they cannot reach agreement as to its
composition, either Contracting Party may submit the dispute for decision to any tribunal competent to decide it established within
the International Civil Aviation Organisation, or, if there be no such tribunal to the International Court of Justice.
(C) The Contracting Parties undertake to comply with any decision given, including any interim recommendation made, under paragraph
(B) of this Article.
(D) If and so long as either Contracting Party or a designated airline of either Contracting Party fails to comply with the requirements
of paragraph (C) of this Article, the other Contracting Party may limit, withhold or revoke any rights which it has granted by virtue
of the present Agreement and its Annex.
This Agreement shall come into force on the day it is signed.
In the event of the coming into force of a multilateral agreement con¢erning international air transport to which both Contracting
Parties adhere, this Agreement shall be modified to conform with the provisions of such multilateral agreement.
To the extent to which they are applicable to the air services established under the present Agreement, the provisions of the Convention
shall remain in force in their present form between the Contracting Parties for the duration of the Agreement, as if they were an
integral part of the Agreement, unless both Contracting Parties ratify any amendment to the Convention which shall have duly come
into force in which case the Convention as amended shall remain in force for the duration of the present Agreement.
(A) For the purpose of this Agreement the terms "territory", "air service" and "airline" shall have
the meanings specified in the Convention on International Civil Aviation opened for signature on the seventh day of December, 1944,
in this Agreement referred to as "the Convention";
(B) The term "aeronautical authorities" shall mean in the case of India the Director General of Civil Aviation, and in the
case of the Government of the Republic of the Philippines, the Civil Aeronautics Roard and in both cases any person or body authorised
to perform the functions exercised by the above mentioned authorities.
(C) The term "designated airline" means an airline which the aeronautical authorities of either Contracting Party shall
have notified in writing to the aeronautical authorities of the other Contracting Party as the airline designated by it pursuant
to Clause (1) of paragraph (A) of Article II for the route specified in such notification.
(D) The term "capacity" in relation to a specified air service means the extent of accommodation provided and permitted
under this Agreement for the carriage of passengers, cargo and mails on the route or section of route concerned during an agreed
(E) The Annex to this Agreement shall be deemed to be part of the Agreement and all references to the "Agreement" shall
include references to the Annex, except where otherwise expressly provided.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the
DONE this twentieth day of October, 1949, in duplicate at New Delhi in the English language.
For the Government of India: V.K.R. MENON
For the Government of the Republic of the Philippines: Lucas V. MADAMBA
The airline(s) designated by the Government of India shall be entitled to operate air services in both directions on the route(s)
specified in this Section and to land for traffic purposes in the territory of the Philippines at the point(s) specified.
A. Terminating Seruices
| From || Via || To |
| Calcutta || Burma, Bangkok, French Indo-China, Hongkong || Manila |
In the event of the Government of India desiring any alterations in the aforesaid route such alteration may be effected only by agreement
between the two Contracting Parties.
B. Transit Service: To be agreed hereafter between the Contracting Parties.
The airline(s) designated by the Government of the Philippines shall be entitled to operate air services in both directions on the
route(s) specified in this Section and to land for traffic purposes in the territory of India at the point(s) specified.
A. Terminating Service:
| From || Via || To |
| Manila || Hongkong, French Indo-China, Bangkok, Burma || Calcutta |
B. Transit Service:
| From || Via || Ports in India || To or via as the case may be |
| Manila || French Indo-China, Bangkok || Calcutta || Karachi, Saudi Arabia, Egypt, Israel, |
Greece, Rome, Madrid, Paris, London
and (if desired and provided the route remains reasonably direct) beyond
Points on any of the specified routes may, at the option of the designated airline, be omitted on any or all flights.
No specified air service shall be operated unless the starting point or the terminal point of the service lies within the territory
of the Contracting Party designating the airline.
EXCHANGE OF NOTES
GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS
New Delhi, the 20th October, 1949.
From: The Secretary to the Government of India, Ministry of Communications.
To: Mr. Lucas V Madamba, Chairman Philippine Air Mission,
I have the honour to refer to the Agreement between the Government of the Republic of the Philippines and the Government of India
relating to air services which was signed on behalf of both Governments today and to record hereunder the understanding of the Government
of India concerning the following matters:
(a) The airline designated by the Government of the Republic of the Philippines in respect of the terminating service on the route
described at A in Section II of the Annex to the aforesaid Agreement may establish as many services on that route as it may think
fit during the period of six months immediately following this day for the purpose of picking up and setting down at Calcutta the
following traffic, that is to say:
(i) traffic destined for or coming from Manila,
(ii) not exceeding 10 percent of the traffic destined for or coming from Bangkok subject to the provisions hereinafter mentioned in
regard to the carriage of Calcutta-Bangkok traffic on the transit services,
(iii) on a fill-up basis, traffic destined for or coming from Indo-China, and (iv) so long as an Indian airline does not operate a
scheduled service between Hongkong and Calcutta, traffic destined for or coming from Hongkong on a fill-up basis. In case Indian
airline wishes to resume or operate a service to or via Hongkong to a place other than in Philippine territory, it shall have the
right to do so without giving any notice; and thereupon the carriage of the Calcutta- Hong Kong traffic by the airlines designated
by the Government of the Republic of the Philippines shall cease.
(b) The airline designated by the Government of the Republic of the Philippines shall, in the operation of the transit service on
the route described at B in Section II of the said Annex, be entitled to pick up and set down at Calcutta the following traffic,
that is to say:
(I) On not more than two services a month in each direction:
(1) traffic destined for or coming from Manila, and
(2) traffic destined for or coming from any other point on the said route except Karachi provided that:
(i) the carriage of such traffic shall be on fill-up basis, and
(ii) traffic destined for or coming from Bangkok may be carried during an agreed period up to an extent not exceeding 10 percent of
the traffic moving between Bangkok and Calcutta during that period, it being also understood that the total traffic carried during
an agreed period between Bangkok and Calcutta on the transit services specified in this sub-paragraph and in sub-paragraph (II) hereunder
and the terminating service together shall not exceed 10 percent of the traffic moving between Calcutta and Bangkok during that period.
(II) On not more than 2 additional services per month in each more than 2 additional services per month in each
(i) traffic destined for or coming from Manila,
(ii) on a fill-up basis, traffic destined for or coming from any other point on the said route except Karachi, Cairo and London.
(c) When the Government of India designate an airline or airlines to operate air services to or via the Philippines on the routes
described at A and B in Section I of the Annex to the Agreement the frequencies of such services and the extent of traffic rights
to be enjoyed by such airline or airlines at Manila in respect of traffic coming from or destined for India or any point in a third
country on such route(s) shall be determined by agreement between the aeronautical authorities of the Contracting Parties, so however
that such rights shall be equal to similar rights herein specified in respect of the airline or airlines designated by the Government
of the Republic of the Philippines.
4. I am to request your confirmation of the understandings recorded above and to suggest that this Note and the reply thereto shall
constitute an Agreement between our two Governments.
I have the honour to be, with the highest consideration, Sir, your most obedient servant.
V.K.R. MENON Secretary to the Government of India
New Delhi, the 20th October, 1949
Mr. Lucas V. Madamba, Chairman, Philippine Air Mission.
The Secretary to the Government of India, Ministry of Communications, New Delhi.
Sir, I have the honour to refer to your Note of today's date, reading as follows: [See note I]
2. I am pleased to confirm the understandings as stated above and to acknowledge that your Note and this reply constitute an Agreement
between our two Governments.
I have the honour to be, with the highest consideration, Sir, your most obedient servant,
Lucas V. MADAMBA Chairman, Philippine Air Mission.