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EXCHANGE OF LETTERS CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT [1974] INTSer 2

EXCHANGE OF LETTERS CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF SRI LANKA REGARDING PERSONS OF INDIAN ORIGIN
IN SRI LANKA

New Delhi, 27 January 1974

PRIME MINISTER OF
SRI LANKA

New Delhi
January 27, 1974

YOUR EXCELLENCY,

I have the honour to refer to the exchange of letters between our two Governments dated 30 October 1964 regarding the status and future of persons of Indian origin in Sri Lanka (hereinafter referred to as the “original agreement”), and specifically to clause (4) of the original agreement whereby the status and future of the remaining 150,000 persons not covered by clause (3) of the original agreement (hereinafter referred to as the “remaining persons”) was to be the subject of a separate agreement.

2. In our discussions held pursuant to the aforementioned clause (4), it was agreed that:

(i) of the remaining persons Sri Lanka Government will grant citizenship to 50%, that is, 75,000 with the natural increase in that number; and the Government of India will accept repatriation to India of 50%, that is 75,000 together with the natural increase in that number. The Government of India will confer citizenship on these persons.

(ii) the repatriation of the 75,000 persons to India will commence after the repatriation of the 525,000 persons referred to in clause (3) of the original agreement has been completed and will be phased over a period of 2 years.

(iii) The grant of Sri Lanka citizenship to the 75,000 persons will commence after the 300,000 persons referred to in clause (3) of the original agreement have been granted citizenship and will be in the ratio of 1:1 to the number repatriated to India.

(iv) The Government of Sri Lanka will grant to the persons to be repatriated to India, during the period of their residence in Sri Lanka, the same facilities as are enjoyed by citizens of other states (except facilities for remittances) and normal facilities for their continued residence, including free visas. The Government of Sri Lanka agrees that such of these persons as are gainfully employed on the date of this Agreement shall continue in their employment until the date of their repatriation in accordance with the requirements of the phased programme or until they attain the age of 55 years, whichever is earlier.

(v) Subject to the Exchange Control Regulations for the time being in force which will not be discriminatory against the persons to be repatriated to India, the Government of Sri Lanka agrees to permit these persons to repatriate, at the time of their final departure for India, all their assets including their Provident Fund and gratuity amounts. The Government of Sri Lanka agrees that the maximum amount of assets which any family shall be permitted to repatriate shall not be reduced to less than Rs. 4,000.

(vi) All benefits which have been extended to the persons who are covered by the original agreement will be extended to the persons covered by this Agreement.

3. I am sure it is a matter of satisfaction to our Government that with the full implementation of the 1964 Agreement and the present Agreement the problem of all persons of Indian origin in Sri Lanka who have not been recognized as citizens of Sri Lanka or as citizens of India, will have been finally settled.

4. I have the honour to propose that the above sets out correctly the Agreement reached between us. My letter and your reply thereto shall constitute an Agreement between the Government of Sri Lanka and the Government of India.

Accept, Excellency, the assurances of my highest consideration.

Sd/-
SIRIMAVO R.D. BANDARANAIKE

Her Excellency Mrs. Indira Gandhi
Prime Minister of the
Republic of India
_____

Prime Minister of India

New Delhi
January 27, 1974

Your Excellency,
I have the honour to acknowledge receipt of your letter which reads as follows :

[Not Reproduced]

I have the honour to confirm that the above correctly sets out the Agreement reached between us. Your letter and my reply thereto shall constitute an Agreement between the Government of India and the Government of Sri Lanka.

Accept, Your Excellency, the assurances of my highest consideration.

Sd/-
INDIRA GANDHI

Her Excellency
Mrs. Sirimavo R.D. Bandaranaike
Prime Minister of the Republic of Sri Lanka


India Bilateral

Ministry of External Affairs, India


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