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AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF KUWAIT RELATING TO MONEY ORDER SERVICE [1966] INTSer 10

AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF KUWAIT RELATING TO MONEY ORDER
SERVICE

Kuwait, 1 May 1966

In order to establish an exchange of Money Orders between India and the State of Kuwait, the undersigned, duly authorised by their respective Governments, have by mutual consent agreed upon the following Articles :

Article I

There shall be a regular Money Order Service between the Postal Administration of Kuwait on the one hand and the Postal Administration of India on the other hand, established in accordance with the provisions of this Agreement.

Article II

The Money Order Service between the Postal Administrations shall be performed exclusively by the agency of Offices of Exchange communicating with each other by means of lists as explained in more details hereunder. The Money Order shall be made out for the amount specified in the list and payment arranged to the payees by the Offices of Exchange of the country in which the orders are payable. On the part of the State of Kuwait, the Office of Exchange shall be the External Accounts Section, Money Order Office, General Post Office, Ministry of Posts, Telegraphs and Telephones, Kuwait, and on the part of India, Bombay.

Article III

(1) The amounts of Money Orders in both directions shall be expressed in Pounds Sterling.

(2.)The Postal Administration of each country shall have the power to fix, according to the circumstances, the rate of conversion applicable to the Money Orders issued by it, on condition that it shall notify the said rate to the other Administration.

Article IV

The Postal Administration of each country shall have the power to fix and modify the maximum amount for which it will issue a single Money Order. This Maximum shall not exceed £ 40 (Sterling Pounds forty) or the nearest practical equivalent of that sum in the money of the country of issue. No Money Order shall contain a fractional part of a Penny.
The maximum limit fixed by each country shall be notified to the other.

Article V

The Postal Administration of each country shall have the power to fix and modify according to the circumstances, the rates of commission to be charged on the Money Orders which they may respectively issue, provided that it shall communicate to the other its tariff of charges or rates of commission established under the present Agreement and any alternation thereto which may be decided upon from time to time. This commission shall belong to the issuing Administration.

Article VI
The country of issue which collects the money from remitters shall account to the county of payment for the total amount of the Money Orders issued, together with one-half per cent additional on the total by way of commission.

Article VII

Every applicant for a Money Order shall be required to furnish, if possible, the full surname and first name or names (or at least the initial of the first name or names) both of the remitter and the payee, or the name of the firm or company who are the remitters or payees, and the address of the remitter and of the payee. If, however, the first name or names or initial cannot be given, an Order may nevertheless be issued at the remitter's risk. The address of the payee must be full and precise, as on it depends the determination by the receiving office of exchange of the office where the order shall be made payable.

Article VIII

In the event of a Money Order being lost, miscarried or destroyed a duplicate order shall be granted on a written application (containing necessary particulars) from the remitter or the payee or the Administration of issue to the office of exchange of the country in which the original order was payable, and unless there is reason to believe that the original order was lost in transmission through the post, the office issuing the duplicate shall be entitled to charge the same fee as would be chargeable under its own internal regulations.

On the receipt of written request to stop payment of a Money Order from either the remitter or the payee or from the Administration of issue instructions to stop payment shall be given by the office of exchange of country of payment to the Postmaster of the office where the order is made payable.

Article IX

Application by remitters for the alternation or correction of the address and/or the name of the payee shall be received under the regulations of the country of issue and forwarded to the country of payment For disposal under its regulations, accompanied by such information as may be necessary for the identification of the particular Orders referred to.
Applications by remitters for repayment of Order shall be received and forwarded in like manner, the repayment being made only under the authority of country of payment and according to the regulations of the country of issue.

Article X

Repayment of a Money Order shall not, in any case, be made until it has been ascertained, through the Exchange Office of the country in which such Order is payable, that the Order has not been paid, and that said Office authorizes the repayment.

Article XI

Money Orders are not negotiable and are not to be re-advised to other payees except with the consent of the remitter.

Article XII

(a)The Administration of payment shall be responsible for the value of the order until it is properly paid to the correct payee.
(b)In the case of errors or irregularities the responsibility for any loss shall be borne by the Administration in whose service the error or fraud was committed. In case it may be impossible to determine in which service the error or fraud was committed, the responsibility for any losses. shall be shared equally between the two Postal Administrations.

Article XIII

A Money Order shall remain payable in each country for six months after the expiration of the month of issue; and the amount of every Order not paid within that period shall, upon being re-advised, revert to and remain the property of the country of issue to be dealt with in accordance with the regulations of that country.

Article XIV
(1)The remitter of a Money Order may obtain an Advice of Payment of the Order by paying in advance to the exclusive profit of the Postal Administration of issue, a charge to be fixed by the Postal Administration of issue of the Money Order.

(2)The Advice of Payment shall be made on a form in accordance with or analogous to the annexed specimen (FMO-11).

(3)If application for an advice of Payment is made at the time of issue of an Order, the letters “A.I.” shall be written against the entry in the List. If application for an Advice of Payment is made subsequent to the issue of an Order, a form of Advice of Payment giving full particulars of the Order shall be sent to the Exchange Office of the country of payment (or in the case of “Through” Orders (See Article XXI) to the Exchange Office of the intermediary country) which shall arrange for its completion and despatch to the remitter.

(4)The Advice of Payment shall be prepared by the paying office, and shall be transmitted direct to the remitter either by the office of payment, or by the Exchange Office of the country of payment.

(5)The Advice of Payment of a “Through” Money Order shall be sent through the Offices of Exchange of the two countries.

Article XV

Money Orders sent from one country to the other shall be subject, as regards issue, to the regulations in force in the country of origin, and as regards payment, to the regulations in force in the country of destination.

Article XVI

The Office of Exchange of India shall communicate to the Office of Exchange of Kuwait the particulars of Money Orders issued for payment in Kuwait and the Office of Exchange of Kuwait shall communicate to the Office of Exchange of India the particulars of Money Orders issued for payment in India. Advice Lists similar to the annexed forms FMO-1 shall be used for this purpose, and every such list shall be forwarded to the corresponding office of exchange by the first available mail after the issue of the Money Orders to which it relates.
The address as well as the name of the remitter shall be entered in the relative advice list at the office of exchange of the country of issue in the column reserved for the name of the remitter. The particulars as to the names shall include the full name or full surname and at least the initial of the one Christian or personal name.

Article XVII

The Money Orders entered upon the Advice Lists despatched from each Office of Exchange shall be numbered serially in an annual series commencing on January lst each year with No.l. The number borne by an Order in the List shall be known as its International Number. The Lists shall also be numbered in an annual series, the series commencing each year with No. 1.

Article XVIII

Any missing Advice List shall be immediately applied for by the Office of Exchange to which it should have been sent. The despatching Office of Exchange shall, in such a case, transmit without delay to the receiving Office of Exchange a duplicate List duly certified as such.

Article XIX

(1)Every Advice List shall be carefully verified by the receiving office of Exchange and shall be corrected if it contains a manifest error. Any such correction shall be communicated to the despatching Office of Exchange.

(2)If a List shows errors or irregularities other than the above, the receiving Office of Exchange shall at once communicate with the despatching Office of Exchange regarding the correction of such errors or irregularities, and the latter Office shall reply with as little delay as possible. Pending receipt of a reply, the payment of Orders dependent on the irregular entries shall be suspended.

Article XX

As soon as an Advice List reaches the receiving Office of Exchange that Office shall, after verifying its contents, prepare internal Money
Orders in favour of the payees for the amounts specified in the List as payable in the money of the country of payment, and shall then forward such internal Money Orders to the payees or to the paying offices according to the arrangements existing in the country of payment.

Article XXI

The Postal Administrations of India and Kuwait shall also each be entitled to transmit Money Orders through the medium of the other Administration to any country with which the latter exchanges Money Orders, on the terms to be settled beforehand by common consent between the two Postal Administrations.

The Administration of payment shall receive from the Administration which acts as intermediary for the ‘Through’ money orders the same percentage (see Article VI) as on a Money Order payable within the service of the country of payment. The Administration shall be entitled to deduct from the amount of order advised a special commission to be fixed by it for the services rendered in handling the ‘Through Money Orders’.

Article XXII

(1) As soon as the office of Exchange at the General Post Office, Kuwait shall have received from the Bombay Office of Exchange all the lists bearing dates in any month, these lists as well as the Kuwaiti lists bearing dates in the same month shall be made the subject of a monthly account, which shall be prepared by the Office of Exchange at the General Post Office Kuwait, in the annexed Form FMO-10.

(2) .The account shall also include under the head of ‘Special Items’ any necessary adjustment of previous accounts as well as any other items of account not otherwise provided for, a detailed statement of such special item being annexed to the account, and the correspondences or other documents forming the authority for each special item being quoted in the statement.

Article XXIII

The amounts in the account shall be shown in Pounds Sterling. The balance shall then be ascertained by the deduction of the smaller from the larger credit. These arrangements may be modified by agreement between the Postal Administrations whenever they consider it desirable.

Article XXIV

Whenever it is found that the Orders drawn upon one of the two countries exceed in amount by 1,000 Pounds Sterling the Orders drawn upon the other, the latter shall at once send to the former, as a remittance on account, the approximate amount in a round sum of the ascertained debt.

Article XXV

(1)A copy of the account mentioned in Article XXII shall be forwarded in triplicate to the Director General of Posts and Telegraphs, New Delhi (India) for acceptance.

(2)When the Postal Administration of Kuwait has to pay to the Postal Administration of India the balance of the Money Order account, it shall do so at the same time at which it forwards the Account to the Office of Exchange of India and, when the Postal Administration of India has to pay the balance, it shall do so at the same time at which it returns to the Office of Exchange at the General Post Office, Kuwait, the duplicate of the Account accepted.

(3)Payments in settlement of the Money Order Account, as well as any payments required under the provisions of Article XXIV, when due to be made to the Postal Administration of Kuwait, shall be effected by means of drafts in Sterling on Kuwait in favour of the Under Secretary, Ministry of Posts, Telegraphs and Telephones, Kuwait, and when due to be made to the Postal Administration of India, shall be effected by means of drafts in Sterling on New Delhi in favour of the Director General Posts and Telegraphs, India (D.A.A. Section) the cost of remittance being borne by the debtor Administration.

(4)Any amount remaining due from one Administration to the other at the expiration of six months following the period covered by the Account shall thenceforth be subject to interest at the rate of 5 (five) per cent per annum. The interest for delay shall be carried to the debit of the Administration in areas in the following account.

Article XXVI

No Telegraphic or Urgent Money Order shall be permissible under the terms of this Agreement.

Article XXVII

Each country shall have the right to suspend or restrict temporarily the Exchange or the outflow of Money Orders in case the course of exchange or any other circumstances shall give rise to abuses, or cause detriment to the revenue or for any other reason. Such suspension or restriction shall immediately be notified to the other country if necessary by telegraph.

Article XXVIII

For ordinary correspondence affecting the preparation, transmission or correction of lists, accounts etc., the office of exchange shall be the medium but in matters involving questions other than those of detail, the offices of correspondence shall be the office of the Director General Posts and Telegraphs, India, on the one hand and the Ministry of Posts, Telegraphs and Telephones, Kuwait, on the other hand.

Article XXIX

The Postal Administration of each country shall be authorised to adopt any additional rules (if not in contradiction to the foregoing provisions) for greater security against fraud, or for the better working of the system generally, provided that it shall communicate all such additional rules to the other Administration.

Article XXX

This Agreement shall come into force on 1-5-66. It shall then continue in force until it is modified or terminated by mutual consent of the two Postal Administrations or until twelve months after the date on which one of the Postal Administrations shall have notified the other of its intention to terminate it.

DONE in duplicate and signed.

Sd /-
Under Secretary,
Ministry of Posts,
Telegraphs and Telephones,
Kuwait.

Sd /-
Chairman,
Posts and Telegraphs Board,
India


India Bilateral

Ministry of External Affairs, India


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