The Government of IndiaAND
The Government of FIJI
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944:
DESIRING to conclude an agreement, taking into account the said Convention, for the purpose of establishing air services between and
beyond their respective territory.
HAVE AGREED as follows :
Article 1
DEFINITIONS
For the purpose of this agreement, unless the context otherwise requires :
(a) the term “the Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh
day of December, 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention
under Articles 90 and 94 thereof so far as those Annexes and amendments have become effective for or been ratified by both Contracting
Parties;
(b) the term “aeronautical authorities” means, in the case of Fiji, the Minister for the time being responsible for civil aviation
or any person or body authorised to perform any functions at present exercisable by him or similar functions; and, in the case of
India, the Director General of Civil Aviation or any person or body authorised to perform any functions at present exercisable by
the said Director General or similar functions;
(c) the term “ designated airline” means an airline which has been designated and authorised in accordance with Article 4 of the Agreement;
(d) the term “territory” in relation to a State has the meaning assigned to it in Article 2 of the Convention;
(e) the term “air service”, “international air service”, “airline”, “stop for non-traffic purposes” have the meanings respectively
assigned to them in Article 96 of the Convention.
Article 2
CHICAGO CONVENTION AND OTHER CONVENTIONS
The provisions of this Agreement shall be subject to the provisions of the convention and to the provisions of any other multilateral
convention that is binding on both contracting Practices insofar as these provisions are applicable to international air services.
Article 3
GRANT OF RIGHTS
(1) Each Contracting Party grants to the other contracting Party the following rights in respect of its scheduled international air
services :
(a) the right to fly across its territory without landing;
(b) the right to make stops in its territory for non-traffic purpose.
(2) Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of establishing
scheduled international air services on the routes specified in the appropriate Section of the Schedule annexed to this Agreement.
Such services and routes are hereinafter called “the agreed services” and “the specified routes” respectively. While operating an
agreed service on a specified route the airline designated by each Contracting Party shall enjoy in addition to the rights specified
in paragraph (1) of this Article the right to make stops in the territory of the other Contracting Party at the points specified
for that route in the Schedule to this Agreement for the purpose of taking on board on discharging passengers and cargo including
mail, separately or in combination.
(3) Nothing in paragraph (2) of this Article shall be deemed to confer on the airline of one Contacting Party the privilege of taking
on board, in the territory of the other Contracting Party, passengers and cargo including mail destined for another point in the
territory of the other Contracting Party.
Article 4
DESIGNATION OF AIRLINES
(1) Each Contacting Party shall have the right to designate in writing through the diplomatic channel to the other Contracting Party
an airline for the purpose of operating the agreed services on the specified routes.
(2) Each Contracting Party shall have the right, on notification in writing through the diplomatic channel to the other Contracting
Party, to withdraw its designation of an airline and to designate another airline in its place.
(3) On receipt of a designation the other Contracting Party shall, subject tot he provisions of paragraph (4) of this Article, without
delay grant to the airline designated the appropriate operating authorisations.
(4) Each Contracting Party shall have the right to refuse to grant the operating authorisation referred to in paragraph (3) of this
Article in any case where it is not satisfied :
(a) that substantial ownership and effective control of a designated airline are vested in the Contracting Party designating the airline
or in its nationals, or
(b) that a designated airline is qualified to fulfill the conditions prescribed under the laws and regulations normally applied to
the operation of international air services by such authorities on conformity with the provisions of the Convention.
(5) When an airline has been so designated and authorised it may at any time operate the agreed services, provided that both an agreement
between the aeronautical authorities under Article 8(4) and a tariff established in accordance with the provisions of Article 10
of this Agreement are in force in respect of the service in question
Article 5
WITHDRAWAL OR LIMITATION OF RIGHTS.
(1) Each Contacting Party shall have the right to revoke an operating authorisation or to suspend the exercise of the rights specified
in Article 3 of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem
necessary on the exercise of these rights :
(a) in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting
Party designating the airline or in nationals of that Contracting Party; or
(b) in the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights;
(c) in any case where the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
(2) Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential
to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting
Party.
Article 6
CUSTOMS REGULATIONS
(1) The items described in paragraph (2) of this Article shall be accorded, with respect to customs duty, excise charges, inspection
fees or similar charges, treatment not less favourable than that which the Contracting Party granting the rights accords to its national
airlines operating international air services or to the airlines of the most favoured nation, whichever treatment is the more favourable,
provided that neither Contracting Party shall be obliged to grant to the designated airline of the other Contracting Party exemption
from customs duty, excise taxes, inspection fees or similar charges to the designated airline of the first Contracting Party.
(2) The items referred to in paragraph (1) of this Article are :
(a) aircraft operated on international air services by the designated airlines of either Contracting Party as well as the regular
equipment, supplies of fuel and lubricant and aircraft stores (including food, beverages and tobacco) on board such aircraft, and
other items intended for use solely in connection with the operation or servicing of such aircraft, on the arrival of such items
in the territory of the other Contracting Party, on the following conditions :
(i) that such equipment and supplies remain on board the aircraft upto such time as they are re-exported or are used on the part of
the journey performed over that territory, or
(ii) that such equipment and supplies may be unloaded, subject to compliance with the customs regulations of that territory, in which
case they may be placed under the control of the customs authorities upto such time as they are re-exported or otherwise disposed
of in accordance with those regulations;
(b) the following items, whether or not they have been imported into the territory of the Contracting Party granting the exemption
:
(i) aircraft stores and other items intended for use solely in connection with the operation or servicing of aircraft, taken on board
in its territory, within limits fixed by its authorities, and for use on board an aircraft of a designated airline of the other Contracting
Party engaged in an international air service;
(ii) fuel and lubricants supplied in its territory to an aircraft of a designated airline of the other Contracting Party engaged in
an international air service, even when these supplies are to be used on the party of the journey performed over the territory of
the Contracting Party in which they are taken on board;
(iii) spare parts intended for the maintenance or repair of aircraft of a designated airline of the other Contracting Party engaged
in an international air services; and
(iv) equipment (including specialised ground equipment), intended for incorporation in or use on aircraft of a designated airline
of the other Contracting Party engaged on an international air service, or for use solely in connection with the operation or servicing
of such aircraft.
The items referred to in this sub-paragraph may be required to be kept under customs supervision or control.
Article 7
TRANSFER OF EARNINGS
(1) Each Contracting Party grants to the designated airline of the other Contracting Party the right of transfer of the excess of
the airline's receipts in its territory over the airline's expenditure therein, on conditions no less favourable than those applying
to other foreign airlines operating in its territory.
(2) The Contracting Party whose designated airline is affected by the conditions established by the other Contracting Party for the
transfer of the earnings may apply equivalent conditions to that Contracting Party's designated airline.
Article 8
PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES
(1) There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate the agreed services on the specified
routes between their respective territories.
(2) In operating the agreed services, the designated airlines of each Contracting Party shall take into account the interests of the
airline of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the
same routes.
(3) The agreed services provided by the designated airline of each Contracting Party shall bear close relationship to the requirements
of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable
load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers and
cargo including mail originating from or destined for the territory of the Contracting Party which has designated the airline.
(4) The capacity that may be provided in accordance with this Article by the designated airline of each Contracting Party on an agreed
service shall be such as is agreed between the aeronautical authorities of the Contracting Parties before the commencement of the
agreed service and from time to time thereafter.
Article 9
CHANGE OF GAUGE
In operating any agreed service through the territory of one Contracting Party the designated airline of the other Contracting Party
may substitute one aircraft for another at a point in the territory of the first Contracting Party only on such terms as may be agreed
upon between the aeronautical authorities.
Article 10
TARIFFS
(1) For the purpose of the following paragraphs the term “tariff” means the prices to be paid for the carriage of passengers and cargo
and the conditions under which those prices apply, including prices and conditions for agency and other auxillary services excluding
remuneration and conditions for the carriage of mail; and the term “IAA” means the International Air Transport Association.
(2) Tariffs to be charged by the airline of one Contracting Party for carriage to or from the territory of the other Contracting Party
shall be established at a reasonable level, due regard being paid to all relevant factors, including cost of operations reasonable
profit, and the tariffs of other airlines.
(3) Such tariffs shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least ninety (90)
days before the proposed date of their introduction. In special cases this period may be reduced, subject to the agreement of the
said authorities. This approval may be given expressly. If neither of thirty (30) days from the date of submission of tariff in accordance
with this paragraph, the tariff shall be considered as approved. In the event of the period for submission being reduced, as provided
for in this paragraph, the aeronautical authorities may agree that the period within which any disapproval may be notified shall
be less than thirty (30) days.
(4) Before submission for the approval of the aeronautical authorities under paragraph (3) of this Article, the tariffs referred to
in paragraph (2) of this Article shall, if appropriate be agreed in respect of each of the specified routes between the designated
airlines concerned, and such agreement shall, wherever possible, be reached through the rate-fixing machinery of the International
Air Transport Association.
(5) If tariff cannot be agreed in accordance with paragraph (4) of this Article, or if during the period applicable in accordance
with paragraph (3) of this Article one aeronautical gives the other aeronautical authority notice of its disapproval of a tariff
agreed in accordance with the provision of paragraph (4) of this Article, the aeronautical authorities of the two Contracting Parties
shall endeavour to determine the tariff by mutual agreement
(6) If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph (3) of this Article, or on the determination
of any tariff under paragraph (5) of this Article, the dispute shall be settled in accordance with the provisions of Article 13 of
this Agreement.
(7) A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established.
Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which
it would otherwise have expired or on which the aeronautical authorities of one Contracting party shall have given notice in writing
to those of the other Contracting Party of the withdrawal of their approval.
Article 11
PROVISIONS OF STATISTICS
The aeronautical authorities of a Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at
their request such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity
provided on the agreed services by a designated airline of the Contracting Party referred to first in this Article. Such statements
shall contain all information required to determine the amount of traffic carried by the airline on the agreed services, including
the points of embarkation and disembarkation of such traffic.
Article 12
CONSULTATION
(1) In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time
to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the
annexed Schedule and shall consult when necessary to provide for modification thereof.
(2) Either Contracting Party may request consultations, which may be either oral in writing and shall begin within a period of sixty
(60) days of the date of receipt of the request, unless both Contracting Parties agree to an extension of this period.
Article 13
SETTLEMENT OF DISPUTES
If any dispute arises relating to the interpretation or application of the present Agreement, the Contracting Parties shall endeavour
to settle it by negotiation.
Article 14
AMENDMENT
If either of the Contracting Parties considers it desirable to modify any provision of this Agreement including the annexed Schedule,
such modification, if agreed between the Contracting Parties and if necessary after consultation in accordance with Article 12 of
this Agreement, shall come into effect when confirmed by an exchange of Notes, through the diplomatic channel.
Article 15
TERMINATION
Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement; such
notice shall be simultaneously communicated to the International Civil Aviation Organisation. In such case the Agreement shall terminate
twelve (12) months after the date of receipt of the notice by the other Contracting party, unless the notice to terminate is withdrawn
by agreement before the expiry of this period. In the absence of acknowledgment of receipt by the other Contracting Party, notice
shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organisation.
Article 16
ENTRY INTO FORCE
This Agreement shall enter into force on the date of signature by the duly authorised representatives of the Contracting Parties.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed the present Agreement.
DONE at New Delhi this 28th day of January 1974 in four originals two each in the Hindi and English languages, all the texts being
equally authentic. In the case of any divergence of interpretation, the English text shall prevail.
Sd/-
RAJ BADADUR
For the Government of India
Sd/-
RATU SIR PENAIA KANATABATU
GANILAU
For the Government of Fiji
SCHEDULE
SECTION 1
ROUTE TO BE OPERATED IN BOTH DIRECTIONS BY THE DESIGNATED AIRLINE OF INDIA:
SCHEDULE
SECTION 1
ROUTE TO BE OPERATED IN BOTH DIRECTIONS BY THE DESIGNATED AIRLINE OF INDIA:
