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AGREEMENT RELATING TO THE EXCHANGE OF POSTAL PARCELS BETWEEN THE [1964] INTSer 18

AGREEMENT RELATING TO THE EXCHANGE OF POSTAL PARCELS BETWEEN THE GOVERNMENT OF INDIA AND HIS MAJESTY'S GOVERNMENT OF NEPAL

New Delhi, 8 September 1964

The Government of India and His Majesty's Government of Nepal,

DESIROUS of establishing an exchange of postal parcels between the Postal Administrations of India and Nepal,

HAVE agreed as follows :

Article 1
Exchange of Parcels

There shall be a regular exchange of parcels between the Postal Administration of India and the Postal Administration of Nepal. The exchange of parcels between the two countries shall be performed exclusively through the offices of exchange constituted for the purpose. The term “parcels” shall also include “air parcels”.

Article 2
General Conditions for Exchange of Parcels

1. A parcel shall not exceed 5 kilograms/11 pounds in weight, 1 metre/39.37 inches in length and 1.8 metres/5 feet 10 inches in length and girth combined provided that these limits may be varied by mutual consent of the two Postal Administrations.

2. As regards the exact calculations of the weight and dimensions of a parcel the views of the despatching Administration shall be accepted except in case of an obvious error.

3. Each Postal Administration shall communicate to the other the regulations relating to the charges for booking of parcels in its Administration for delivery in the other and the amendments made thereto from time to time.

4. The prepayment of postage and other charges on a parcel shall be compulsory except in the case of redirected or a returned parcel.

Article 3
Customs Charges

The parcels are subject to all customs and other Import and Exchange Control Regulations in force from time to time in the country of destination. The country of destination is entitled to charge a sum not exceeding one gold franc as customs clearance fee for each parcel subject to customs examination.

Article 4
Prohibitions

1. Postal parcels must not contain any letter, note or document having the character of current and personal correspondence, as well as correspondence of any king bearing an address other than that of the addressee of the parcel or of persons living with him. It is, however, permissible to enclose in a parcel an open invoice confined to the particulars which constitute an invoice.

2. It is also prohibited to enclose in a postal parcel :

(a) articles which from their nature or packing may be a source of danger to the officials of the post office or may soil or damage other parcels;

(b) explosives, inflammable or dangerous substances (including loaded metal caps, live cartridges and matches);

(c) live animals (except bees which must be enclosed in boxes so constructed as to avoid all danger to postal officials and to allow the contents to be ascertained)

(d) articles of which the importation or circulation is prohibited by law or by the customs or other regulations;

(e) articles of an obscene and immoral nature; and

(f) opium, morphine, cocaine and other narcotics.

3. It is moreover prohibited to send coin, bank notes, currency notes, any kind of securities payable to bearer, platinum, gold or silver, whether manufactured or unmanufactured precious stones, jewels, or other precious articles except in insured parcels.

4. A parcel which has been wrongly admitted shall be returned to the country of origin, unless the Postal Administration of the country of destination is authorised by its legislation to dispose of it otherwise. Nevertheless, the fact that a parcel contains a letter or communication which constitutes current and personal correspondence shall not, in any case, entail its return to the country of origin.

5. Parcels containing the articles referred to in sub-paras 2(b), (d), (e) and (f) of this article shall in no circumstances be forwarded to their destination, delivered to the addressee or returned to origin. These articles shall be disposed of by the Postal Administration which has found them in the mails in accordance with its own internal regulations.

6. If a parcel wrongly admitted is neither returned to the originating Administration nor delivered to the addressee, the Postal Administration of the country of origin shall be informed in a precise manner of the treatment accorded to the parcel.

Article 5
Advice of Delivery

The sender may obtain an advice of delivery or acknowledgement of delivery for a parcel under the conditions prescribed for correspondence by the Universal Postal Convention.

Article 6
Redirection

1. A parcel may be redirected in consequence of the addressee’s change of address in the country of destination. The Postal Administration of the country of destination may collect the redirection charge prescribed by its internal regulations. Similarly a parcel may be redirected from one of the two countries to another country provided that the parcel complies with the conditions required for its further conveyance and provided as a rule that the extra postage is prepaid at the time of redirection or documentary evidence is produced that the addressee will pay it.

2. Additional charges levied in respect of redirection and not paid by the addressee or his representative shall not be cancelled in case of further redirection or return to originating Administration but shall be collected from the addressee or from the sender as the case may be, without prejudice to the payment of any special charges incurred which the country of destination does not agree to cancel.

Article 7
Missent Parcels

Parcels received out of course, or wrongly allowed to be despatched, shall be retransmitted or returned in accordance with the provisions of Article 14 paras 1 and 2 of the Detailed Regulations.

Article 8
Non Delivery

1. The sender may request at the time of posting that, if the parcel cannot be delivered as addressed, it may be either (a) treated as abandoned, or (b) tendered for delivery at a second address in the country of destination. No other alternative is admissible. If the sender avails himself of this facility, his request must appear on the cover of the parcel and on the despatch note, if one is used, and must be in conformity with, or analogous to, one of the following terms : “If not deliverable as addressed, abandon” “If not deliverable as addressed, deliver to . . . ."

2. In the absence of such a request by the sender a parcel which cannot be delivered shall be returned to the sender without previous notification and at his expense after retention for the period prescribed by the regulations of the Postal Administration of the country of destination. Nevertheless, a parcel which is definitely refused by the addressee shall be returned immediately.

4. The charges due on returned undelivered parcels shall be recovered in accordance with the provisions of Article 25.

Article 9
Cancellation of Customs Charges

Customs charges on parcels which are returned to the country of origin, abandoned by the senders; destroyed or, redirected to a third country shall be cancelled.

Article 10
Sale or Destruction

Articles of which the early deterioration or decay is to be expected, and these only, may be sold immediately even when in transit on the outward or return journey, without previous notice or legal formality. If for any reason a sale is impossible the spoilt or decayed articles shall be destroyed.

Article 11
Abandoned Parcels

Parcels which cannot be delivered to the addressees and which the senders have abandoned shall not be returned by the Postal Administration of the country of destination but shall be treated in accordance with its legislation.

Article 12
Enquiries

1. A fee not exceeding internal rate may be charged for every enquiry concerning a parcel. No fee shall be charged if the sender has already paid the special fee for an advice of delivery.

2. Enquiries shall be admitted only within the period of one year from the day following the date of posting.

2. When an enquiry is the outcome of an irregularity in the postal service, the enquiry fee shall be refunded.

Article 13
Insured Parcels-Rates And Conditions

1. Parcels may be insured upto a limit of 1,000 gold francs as defined in the Universal Postal Convention or such other limit as may be agreed upon.

2. An insurance fee, to be fixed by the Postal Administration of the country of origin, shall be charged for each 200 gold francs or part there of subject to a maximum of one fourth per cent of the insured value.

2. The Postal Administration of origin shall have the right to collect from the sender of an insured parcel a despatch fee (posting fee), in addition to other charges.

4. A receipt shall be given free of charge to the sender at the time of posting of an insured parcel.

Article 14
Fraudulent Insurance

1. The insured value may not exceed the actual value of the contents of the parcel and the packing, but it is permitted to insure only part of this value.

2. The fraudulent insurance of a parcel for a sum exceeding the actual value shall be liable to legal proceedings prescribed by the legislation of the country of origin.

Article 15
Responsibility for Loss or Damage

1. Except in the cases mentioned in the following article, the two Postal Administrations shall be responsible for the loss of parcels and for the loss, damage or abstraction of their contents or of a part thereof. The sender is entitled under this head to compensation corresponding to the actual amount of loss, damage or abstraction. For uninsured parcels, the compensation shall not exceed the amount fixed by legislation of the Administration of origin subject to a maximum of 25 gold francs for a parcel not exceeding 5 kgs/11 lbs in weight. This limit may be varied by mutual consent of the two Postal Administrations. For an insured parcel the amount of compensation shall not exceed the amount for which it was insured.

2. Compensation is paid to the addressee when he claims it, either after making reservations when accepting delivery of a pilfered or damaged parcel, or if he proves that the sender has waived his rights in his favour. In calculating the, amount of compensation indirect loss or loss of profits shall not be taken into consideration.

3. Compensation shall be calculated in accordance with the current price of goods of the same nature the place and time at which the goods were accepted for transmission.

4. Where compensation is due for the loss, destruction or complete damage of a parcel or for the abstraction of the whole of the contents, the sender is entitled to the return of the postage also.
5. In all cases the insurance fee and the despatch (posting) fee if any shall be retained by the Postal Administration concerned.

Article 16
Exception to the Principle of Responsibility

The two Postal Administrations shall be relieved of all responsibility :

(a) in circumstances beyond control (force majeure);

(b) When their responsibility not having been proved otherwise, they are unable to account for parcels in consequence of the destruction of official documents through a cause beyond control (force majeure);

(c) when the damage has been caused by fault or negligence of the sender, or when it arises from the nature of the article;

(d) when the contents fall within the prohibitions specified in
Article 4, in so far as these parcels have been confiscated or
destroyed by the Postal Administration on account of their contents;

(e) when parcels have been fraudulently insured for a sum exceeding the actual value of the contents;

(f) in respect of parcels regarding which the sender has not made enquiry within the period prescribed by Article 12(2)

(g) in respect of any parcels containing precious stones, jewellery or any articles of gold, silver or platinum, or any other precious object not packed in the manner laid down in Articles 4 and 5 of the Detailed Regulations.

Article 17
Termination of Responsibility

The two Postal Administrations shall cease to be responsible for parcels which have been delivered in accordance with their internal regulations and of which the addressees or their agents have accepted delivery without reservation.

Article l8
Payment of Compensation

The payment of compensation shall be undertaken by the Postal Administration of the country of origin, except in the cases indicated in Article 15 (2) where payment is made by the Postal Administration of the country of destination. The paying Administration retains the right to make a claim against the Administration responsible.

Article 19
Period for Payment of Compensation

l. Compensation shall be paid as soon as possible and, at the latest, within one year from the day following the date of enquiry.

2. The Postal Administration of the country of origin or of destination, as the case may be, is authorised to pay compensation to the person entitled to receive it on behalf of the Administration concerned which after being duly informed of the application, has let nine months pass without giving a decision in the matter.

3. The Postal Administration responsible for making payment may, in exceptional cases, postpone it beyond the period of one year when a decision has not yet been reached on the question whether the loss, damage or abstraction is due to a cause beyond control.

Article 20
Incidence of Cost of Compensation

1. Until the contrary is proved, responsibility shall rest with the Postal Administration which, having received the parcel without making any reservation and being provided with all the prescribed means of enquiry cannot prove either delivery to the addressee or his agent, or regular transfer to the other Administration.

2. If the loss, damage or theft occurs in course of conveyance without it being possible to establish in which country's territory or service it occurred both the Administrations shall bear the loss equally. The same principle shall, as far as possible, be applied when other Administrations are concerned in the conveyance of a parcel. 3. Customs duty and other charges of which it has not been possible to secure cancellation shall be borne by the Administration responsible for the loss, damage or theft.

4. The Administration which has paid the compensation takes over the rights, up to the amount of compensation, of the person who has received it in any action which may be taken against the addressee, the sender or a third party.

5. If a parcel which has been regarded as lost is subsequently found, in whole or in part, the person to whom compensation has been paid shall be informed that he is at liberty to take possession of the parcel against repayment of the amount paid us compensation . within a period of three months.

6. If the person to whom compensation has been paid takes delivery of the parcel after the repayment of the amount of compensation, that sum shall be refunded to the Administration which bore the loss. If the person to whom compensation has been paid refuses to take delivery of the parcel, it becomes the property of the Administration which bore the loss.

Article 21
Repayment of the Compensation to the Administration of the Country of Origin.

l. The Postal Administration responsible or on whose account the payment is made in accordance with Article 18 is bound to repay the amount of the compensation within a period of three months after notification of payment.

2. The amount shall be recovered from the Administration responsible through the accounts provided for in Article 21 of the Detailed Regulations.

3. The Postal Administration of which the responsibility is duly proved and which has originally declined to pay compensation shall be bound to bear all the additional charges resulting from the unwarranted delay in payment.

Article 22
Warehousing Charges

The country of destination shall be authorised to collect warehousing charges fixed by its internal regulations on parcels addressed ‘Poste Restante’ or which are not claimed within the prescribed period of free delivery. The charge may in no case exceed 10 gold francs. In the case of undelivered parcel accrued warehousing charges, if any, shall be claimed from the Administration of origin.

Article 23
Transit Parcels

Each Postal Administration agrees to accept in transit through its services, to and from any country with which it has a parcel post communication, parcels originating in or addressed for delivery in the service of the other Administration.

Article 24
Territorial Rates and Transit Charges

1. For parcels exchanged between the two countries, the postal charges and fees shall be the same as are applicable to the inland service of the originating country or such higher rates or fees as may be determined by the Postal Administration of the originating country.

2. For the present, there shall be no sharing of postal charges recovered in respect of parcels despatched from one of the two countries for delivery in the other.

3. For parcels despatched from one of the Postal Administrations in transit through the other, the despatching Administration shall allow to the other Administration, the amount of transit charges and insurance fee according to the charges and insurance fee according to the charges notified by the intermediary Administration.

4. In respect of foreign parcels received in transit by one of the Postal Administrations for delivery in the other Administration the country of destination will be entitled to terminal charges as notified by it in this regard.

Article 25
Claims in case of Redirection or Return of Parcel

In case of redirection or of return of a parcel from one country to the other, the retransmitting Administration shall claim from the other the charges due to it and to any other Administration taking part in the redirection or return.

Article 26
Charge for Redirection in the Country of Destination

In case of redirection to another country or of return to the country of origin, the redirection charge referred to in Article 6 para 2 shall accrue to the country which redirected the parcel within its own territory.

Article 27
Miscellaneous Fees

1. The following fees shall be retained in full by the office which has collected them :

(a) the fee for Advice of Delivery referred to in Article 5;

(b) the enquiry fee referred to in Article 12 para 1.

2. The fees collected in connection with delivery and customs clearance referred to in Article 3 shall be retained by the Postal Administration of the country of destination.

Article 28
Insurance Fee

In respect of insured parcels the Postal Administration of the country of origin shall allow to each of the Administrations participating in land conveyance 5 centimes for each 200 gold francs or fraction thereof of insured value.

Article 29
Air Parcels

The exchange of air parcels shall be governed by the same conditions as uninsured or insured parcels. Each Administration is at liberty to fix a separate air surcharge in addition to the surface parcel postage rate or an air surcharge-cum-parcel postage taking into account the cost of air conveyance. Air parcels which have not been delivered to the addressee for any reason whatsoever are returned to the country of origin only by the surface route.

Article 30
Air Conveyance Charges

l. The two Postal Administrations agree to take necessary steps to ensure establishment of uniform conveyance rate on the basis of weight and distance.

2. The basic rate applicable to the settlement of accounts between the two Administrations in respect of air conveyance of parcels shall be fixed at 1 millieme of a Franc as a maximum per kilogramme of gross weight and per kilometre.

3. The conveyance rates between the two countries shall be fixed according to the average distance between the respective airports.

4. For forwarding an air parcel by sir within its own territory each Postal Administration is entitled to remuneration on the basis of the gross weight of such parcels and according to a fixed rate. The fixed rate is calculated in accordance with the basic rates mentioned in paragraph 2 and the average of sector distances flown by international mail on the internal network.

Article 31
Miscellaneous Provisions

1. Parcels shall not be subjected to any postal charges other than those envisaged in this Agreement except by mutual consent of the two Administrations.

2. The contracting Parties have drawn up the Detailed Regulations for ensuring the execution of the present Agreement. Further matters of detail, not inconsistent with the general provisions of this Agreement and not provided for in the Detailed Regulations, may be determined by the Postal Administrations of the two countries from time to time by mutual consent.

3. The internal legislation of India and Nepal shall remain applicable as regards everything not provided for in the present Agreement and the Detailed Regulations.

4. When, owing to exceptional circumstances, one Postal Administration finds itself obliged to suspend its services temporarily either wholly or in part, it is bound to notify the fact immediately if need be by telegram, to the other Administration.

Article 32
Entry into Force

This Agreement shall be subject to ratification, the instruments of ratification shall be exchanged at New Delhi. The Agreement shall enter into force with effect from the l3th April, 1965. It shall thereafter continue to be in force until it is terminated by one Government giving six months’ notice in writing to the other.

IN WITNESS WHEREOF, the undersigned, duly authorised for that purpose have signed this Agreement in two originals.

DONE at New Delhi, This the Eighth day of September, 1964.

For the Government of India

Sd /--
M. DAYAL
Member (Posts) Post and
Telegraphs Board and
Ex-Officio Joint Secretary.

For His Majesty's Government of Nepal

Sd/--
YADU NATH KHANAL
Royal Nepalese Ambassador
in India.


DETAILED REGULATIONS FOR THE EXECUTION OF THE PARCEL POST AGREEMENT

Article 1
Circulation

1. Each Administration shall forward by the routes and means which it uses for its own parcels, parcels delivered to it by the other Administration for conveyance in transit through its territory. On the basis of information provided by the intermediate countries each Administration will decide upon the route to be used for forwarding its parcels and the charges to be collected from the senders.

2. Missent parcels shall be retransmitted to their proper destination by the most direct route at the disposal of the office retransmitting them. Insured parcels, when missent, may not be reforwarded to their destinations except as insured mail. If this is impossible, they must be returned to origin.

Article 2
Method of Transmission and Provision of Bags

1. The exchange of parcels between the two countries shall be effected by the offices designated by mutual consent of the two Postal Administrations.

2. Parcels shall be exchanged between the two countries in bags duly fastened and sealed. In the absence of any arrangement to the contrary, the transmission of parcels despatched by one of the two countries in transit through the other shall be effected document.

3. A label showing the office of exchange of origin and the office of exchange of destination shall be attached to the neck of each bag, the number of parcels contained in the bag being indicated on the back of the label.

4. The bag containing the parcel bill and other documents shall, be distinctively labelled.

5. Insured parcels shall be forwarded in separate bags from uninsured parcels. The neck label attached to a bag containing insured parcels shall be marked with a distinctive symbol that may from time to time be mutually agreed upon by the two Postal Administrations.

6. The weight of a parcel bag shall not exceed 30 kgs/66 Ibs.

7. The Postal Administrations of Nepal and India shall provide the respective bags necessary for the despatch of their parcels and such bags shall be marked to show the name of the country to which they belong.

8. Unless otherwise agreed, bags must be returned empty to the despatching office by the next mail. Empty bags to be returned are to be made up in bundles of ten, enclosing nine bags in one. The total number of bags returned shall be entered on the relative parcel bills.

9. Each Administration shall be required to make good the value of any bag/bags which it fails to return.

Article 3
Information to be Furnished

1. Each Administration shall communicate to the other Administration all necessary information on points of detail in connection with the exchange of parcels between the Postal Administrations and also :

(a) the name of the countries to which it can forward parcels handed over to it;

(b) the total amount to be credited to it by the other Administration for each destination.

2. Each Administration shall make known to the other the names of the countries to which it intends to send parcels in transit through the other.

Article 4
Make-up of Parcels

1. Every parcel shall :

(a) be booked as a registered item;

(b) bear the exact address of the addressee in Roman characters. Addresses in pencil shall not be allowed provided that parcels bearing addresses written with copying ink pencil on a surface previously damped shall be accepted. The address shall be written on I the parcel itself or on a label so firmly attached to it that it cannot become detached. The sender of a parcel shall be advised to enclose in the parcel a copy of the address together with a note of his address;

(c) be packed in a manner adequate for the length of the journey and for the protection of the contents. Articles liable to injure officials of the Post offices or to damage the other parcels shall be so packed as to prevent any risk;

(d) be sealed with some special mark or impress of the sender;

(e) have sufficient space to take necessary service instructions as well as stamps and labels.

2. Parcels sent by air will bear the air mail label as prescribed in the Universal Postal Convention.

Article 5
Special Packing

1. Liquids and substances which easily liquefy shall be packed in two receptacles. Between the first receptacle (bottle, flask, pot, box, etc.) and the second (box of metal or of stout wood) shall be left a space which shall be filled with saw dust, bran or some other absorbent material in sufficient quantity to absorb all liquid contents in case of breakage.

2. Dry colouring powders such as aniline blue etc. shall be admitted only if enclosed in stout metal boxed placed inside wooden boxes with saw dust between the two receptacles. Dry non-colouring powders must be placed in boxes of metal, wood or card board. These boxes must themselves be enclosed in a cover of linen or parchment.

3. Parcels containing films, raw celluloid or articles made of celluloid as well as the despatch notes relating to them must be furnished, on the address side, with a distinct white label bearing in heavy black characters “Celluloid to be kept away from fire and light”.

4. Every parcel containing precious stones, jewellery, articles of gold or silver, platinum or. any other precious object shall, be packed in a strong case of wood or metal with an outer covering of cloth or stout paper.

Article 6
Customs Declaration and Despatch Notes

l. Each parcel must be accompanied by two customs declarations and one despatch note which shall be affixed to the parcel in the specimen form given in Annexures ‘A’ and ‘B’. The contents of the parcel must be shown in detail on the customs declaration. Indications of a general kind are not admitted,

2. The two Postal Administrations accept no responsibility in respect of the accuracy of customs declaration.

Article 7
Advice of Delivery

1. Parcels of which the senders ask for an advice of delivery shall be very prominently marked “Advice of Delivery” or “A.R.” (Avis de Reception)

2. Such parcels shall be accompanied by a form similar to that annexed to the Detailed Regulations of the Universal Postal Convention. This advice of delivery form shall be prepared by the
office of origin or by any other office appointed by the Postal Administration of the country of origin. If it does not reach the office of destination, that office shall make out officially a new advice of delivery form.

3. The office of destination, after having duly filled up the form, shall return it by ordinary post unenclosed and free of postage to the address of the sender of the parcel.

4. When the sender makes enquiry concerning an advice of delivery which has not been returned to him after a reasonable interval, action shall be taken in accordance with the rules laid down in Article 8 below. In that case a second fee shall not be charged, and the office of origin shall enter at the top of the form the words “Duplicate Advice of Delivery”.

Article 8
Advice of Delivery applied for after Posting

1. When the sender applies for an advice of delivery, after a parcel has been posted, the office of origin shall fill up an advice of delivery form and shall attach it to a form of enquiry as per specimen given at Annexure ‘C’ to which postage stamps representing the appropriate fee shall be affixed.

2. The form of enquiry accompanied by the advice of delivery form shall be treated according to the provisions of Article 17 below, with the exception that in the case of the due delivery of the parcel, the office of destination shall withdraw the form of enquiry and shall return the advice of delivery form to origin in the manner prescribed in paragraph 3 of the preceding Article.

Article 9
Indication of Insured Value
Every insured parcel and the relative customs declaration and despatch note, wherever used, shall bear an indication of the insured value in the currency of the country of origin. The indication on the parcel shall be both in words and in figures. The amount of the insured value shall be converted into gold francs by the sender or by the office of origin. The result of the conversion shall be indicated distinctly by new figures placed besides or below those representing the amount of the insured value in the currency of the country of origin.

Article 10
Insurance Numbers Labels and Seals

1. Every insured parcel and its customs declaration and despatch note, wherever used, shall bear on the address side, an insurance number and a small red label with the words “Insured” or “Valeur de’clare’e” in large letters, or these words shall be marked or stamped on the parcel and the customs declaration.

2. The wax or other seals, the labels of whatever kind and any postage stamps affixed to insured parcels shall be so spaced that they cannot conceal injuries to the cover. Moreover, the labels and postage stamps, if any, shall not be folded over two sides of the cover so as to hide the edge.

Article 11
Sealing of Parcels

1. Uninsured parcels may be sealed at the option of the senders. Careful tying is sufficient as a mode of closing.

2. Every insured parcel shall be sealed by means of wax or by lead or ether seals, the seals being sufficient in number to render it impossible to tamper with the contents without leaving an obvious trace of violation. The seals should bear a special design or mark of the sender.

3. The Customs Administration of the country of destination is authorised to open the parcels. To that end, the seals or other fastenings may be broken. Parcels opened by the Customs must be refastened and also officially resealed.

Article 12
Indication of Weight of Insured Parcels

The exact weight in grams or in ounces of each insured parcel shall be entered by the Administration of origin :

(a) on the address side of the parcel;

(b) on the customs declaration and despatch note, wherever used, in the place reserved for this purpose.

Article 13
Place of Posting

Each parcel and the relative customs declaration and despatch note, wherever used, shall bear the name of the office, the date of posting and the serial number.

Article 14
Retransmission

1. The Administration retransmitting a missent parcel shall not levy customs or other non postal charges upon it.

2. When an Administration returns such a parcel to the country from which it has been directly received, it shall refund the credits received and report the error by means of a verification note a specimen of which is given in Annexure “D”.

3. In other cases, and if the amount credited to it is insufficient to cover the expenses of retransmission which it has to defray, the retransmitting Administration shall allow to the Administration to which it forwards the parcel the credits due for onward conveyance. It shall then recover the amount of the deficiency by claiming it from the office of exchange from which the missent parcel was directly received. The reason for this claim shall be notified to the latter by means of a verification note.

4, When a parcel has been wrongly allowed to be despatched in consequence of an error attributable to the postal service and has, for this reason, to be returned to the country of origin, the Administration which sends the parcel back shall allow to the Administration from which it was received the sums credited in respect of it.

5. The charges on a parcel redirected in consequence of the removal of the address or of an error on the part of the sender, to a country with which Nepal or India has parcel post communications shall be claimed from the Administration of the country to which the parcel is forwarded unless the charge for conveyance, is paid at the time of redirection, in which case the parcel shall be dealt with as if it had been addressed directly from the retransmitting country to the new country of destination. In case the third country to which the parcel is forwarded refuses to accept the charges because they cannot be collected from the sender or addressee, as the case may be, or for any other reason they shall be charged back to the country of origin.

6. A parcel which is redirected shall be retransmitted in its original packing and shall be accompanied by the original customs declaration. If the parcel, for any reason whatsoever, has to be repacked or if the original customs declaration has to be replaced by a substitute declaration, the name of the office of origin of the parcel and the original serial number and, if possible, the date of posting at that office shall be entered both on the parcel and on the customs declaration.

7. In the case of redirected or, returned air parcels by surface route, the air-mail label and any notes relating to transmission by air should be cancelled.

Article 15
Return of Undelivered Parcels

1. If the sender of an undeliverable parcel has made a request not provided for by Article 8 para 1, of the Agreement, the Administration of destination need not comply with it but may return the parcel to the country of origin, after retention for the prescribed period.

2. The Administration which returns a parcel to the sender shall indicate clearly and concisely on the parcel and on the relative customs declaration the cause of non-delivery. This information may be furnished in manuscript or by means of a stamped impression or a label. The original customs declaration belonging to the returned parcel must be sent back to the country of origin with the parcel.

3. A parcel to be returned to the sender shall be entered on the parcel bill with the word “rebut” in the observations column. It shall be dealt with and charged like a parcel redirected in consequence of the removal of the address.

Article 16
Sale or Destruction

When an insured parcel has been sold or destroyed in accordance with the provisions of Article 10 of the Agreement a report of the sale or destruction shall be prepared, a copy of which shall be transmitted to the Administration of origin

Article 17
Enquiries Concerning Parcels

For enquiries concerning parcels which have not been returned, a form similar to the specimen at Annexure “C” shall be used. These forms shall be forwarded to the offices designated by the Postal Administration to deal with them and they shall be dealt with in a manner mutually agreed upon by the two Administrations
.
Article 18
Parcel Bills

1. Separate parcel bills in the specimen given in Annexure ‘E’ must be prepared for the uninsured parcels on the one hand and for the insured parcels on the other. The parcel bills are prepared in duplicate. The original is sent in the regular mails, while the duplicate is enclosed in one of the bags. The bag containing the parcel bill is designated with the letter “F” conspicuously marked on the label.

2. Uninsured parcels sent from one country to the other shall be entered on the parcel bills to show the total number of parcels and the total weight thereof.

3. Insured parcels, sent from either country, shall be entered individually on the parcel bills to show the insurance number and the name of the office of origin as well as the total net weight of the parcels.

4. Parcels sent “a’de’couvert” must be entered separately in the specimen form given in Annexure “F”.

5. In the case of returned or redirected parcels the word “Returned” or “Redirected”, as the case may be, must be entered on the bill against the individual entry. A statement of the charges which may be due on these parcels should be shown in the “observations” column.

6. The total number of bags comprising each despatch must also be shown on the parcel bill.

7. Each despatching office of exchange shall number the parcel bills at the top left hand corner in an annual series for each office of exchange of destination. A note of the last number of the year shall be made on the first parcel bill of the following year.

Article 19
Delivery Bills for Air Parcels

Air parcel mails should be invoiced in AV-7 as prescribed in the Universal Postal Convention.

Article 20
Check by offices of Exchange and Notification of Irregularities

1. On receipt of mail, whether of parcels or empty bags, the office of exchange shall check the parcels and the various documents which accompany them, or the empty bags as the case may be, against the particulars entered on the relative parcel bill and, if necessary, shall report missing articles or other irregularities by means of a certification note. The report regarding an insured parcel has to be made by, a telegram as well to the Postal Administration of the country of origin.

2. Any discrepancies in the credits and accounting shall be notified to the despatching office of exchange by a verification note. The accepted verification notes shall be attached to the parcel bills to which they relate. Correction made on parcel bills not supported by the vouchers shall not be considered valid.

3. Any office of exchange which receives a damaged or insufficiently packed parcel must send it on after having it repacked if necessary, but preserving as far as possible the original packing, the address and the labels; the weight of the parcel before and after the packing must be indicated on the actual packing of the parcel; this indication shall be followed by the note “Repacked at .............” stamped with an impression of the date stamp and sent by the official who did the repacking.

4. If the condition of the parcel is such that the contents could have been withdrawn or the parcel shows a discrepancy in weight such as to suggest the withdrawal of the whole or part of the contents, the office of exchange should open it of its own accord and check the contents; the result of this check should ba made the subject of a report by means of a verification note a copy of which should be attached to the item.

Article 21
Accounting for Credits

1. A quarterly account shall be prepared in duplicate by each Postal Administration for all the mails received by it from the exchange offices of the other Postal Administration. This account shall be based on the parcel bills for each quarter, as corrected by verification notes, received upto the date of preparation of the account.

2. The quarterly account shall be verified and accepted on both sides and the balance in respect of this account shall be settled through the ordinary exchange accounts between the two Postal Administrations. Any payment between the two Postal Administrations shall, unless otherwise agreed to, be made in Indian currency:

Article 22

Notwithstanding the provisions of Article 21, the Postal Administration of India alone shall maintain the accounts for both the Postal Administrations for a period of two years or such other period as may be mutually agreed upon.

Article 23
Communications and Notification

Each Postal Administration shall furnish to the other all necessary information on points of detail in connection with the working of the service.

Article 24
Entry into force

1. The present Regulations shall come into force on the date on which the Agreement relating to the exchange of Postal parcels between His Majesty's Government of Nepal and the Government of India comes into force.

2. They shall have the same duration as the Agreement. The two Postal Administrations concerned, shall, however, have the power by mutual consent to modify these Regulations from time to time.

IN WITNESS WHEREOF, the undersigned, duly authorised for that purpose, have signed these Regulations in two originals.

DONE at New Delhi, this the Eighth day of September, 1964.

For the Government of India

Sd /-
M. DAYAL
Member (Posts) Posts and
Telegraphs Board and
Ex-Officio Joint Secretary.

For His Majesty's
Government of Nepal

Sd /-
YADU NATH KHANAL
Royal Nepalese Ambassador
in India.

Annexure not included


India Bilateral

Ministry of External Affairs, India


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