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The legacy of French rule in India (1674-1954)

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Animesh Rai

Appendix 1

Treaty Documents: 1954 De facto Treaty,1956 Cession Treaty, 1963 Supplementary Agreement

Texte intégral

Agreement between the Government of India and the Government of France providing for De facto transfer of administration of the territory of French Establishments in India

1* Articles of special interest have been highlighted *

2New Delhi, 21 October 1954

Article I

3With effect from November 1, 1954, the Government of India shall take over the administration of the territory of the French Establishments in India. These Establishments will keep the benefit of the special administrative status which was in force prior to the de facto transfer. Any constitutional changes in this status which may be made subsequently shall be made after ascertaining the wishes of the people.

Article II

4The municipal regime in the communes of the Establishments and the regime relating to the Representative Assembly shall be maintained in their present form.

Article III

5The Government of India shall succeed to the rights and obligations resulting from such acts of the French Administration as are binding on these Establishments.

Article IV

6Questions pertaining to citizenship shall be determined before de jure transfer takes place. Both the Governments agree that free choice of nationality shall be allowed.

Article V

7With effect from the date of the de facto transfer the Government of India shall take in their service all the civil servants and employees of the Establishments, other than those belonging to the metropolitan cadre or to the General cadre of the France d’Outre-Mer Ministry. These civil servants and employees, including the members of the public forces, shall be entitled to receive from the Government of India the same rights as respects disciplinary matter or the tenure of their posts, or similar rights as changed circumstances may permit, as they were entitled to immediately before the date of the de facto transfer. They shall not be dismissed or their prospects shall not be damaged on account of any action done in the course of duty prior to the date of the de facto transfer. French civil servants, magistrates and military personnel born in the Establishments or keeping their family links shall be permitted to return freely to the Establishments on leave or on retirement.

Article VI

8The Government of France shall assume responsibility for payment of such pensions as are supported by the Metropolitan budget. The Government of India shall assume responsibility for the payment of pensions, allowances and grants supported by the local budget. The system of pensions acccording to the rules of the various local Retirement Funds shall continue to be in force.

Article VII

9Nationals of France and the French Union born in or domiciled in the Establishments on the date of the de facto transfer and at present practising their professions therein shall be permitted to carry on their professions in these Establishments without being required to secure additional qualifications, diplomas or permits, or to comply with any new formalities.

Article VIII

10The administration’s charitable institutions and loan offices shall continue to operate under their present status, and shall not be modified in the future without ascertaining the wishes of the people. The present facilities granted to the private charitable institutions shall be maintained.

Article IX

11Properties pertaining to worship or in use for cultural purposes shall be in the ownership of the missions or of the institutions entrusted by the French regulations at present in force with the management of those properties. The Government of India agree to recognise as legal corporate bodies, with all due rights attached to such a qualification, the “Conseils de fabrique” and the administration boards of the Missions.

Article X

12Judicial proceedings instituted prior to the de facto transfer shall be continued, until a final decision has been reached, in conformity with the laws and regulations in force at the time of institution of such proceedings. To this end and up to the final settlement of such proceedings the existing courts in the Establishments shall continue to function. Officers of the Courts shall be law graduates, habitually domiciled in the Establishments, honourably known, and selected after consultation with the Consul-General of India before the date of the de facto transfer, in accordance with the French regulations governing the designation of temporary judicial officers. The interested parties shall be entitled, if so they decide by common agreement, to transfer to the competent Indian Courts, the said proceedings as well as proceedings which, though already open, are not yet entered with the Registrars of the French Courts, and also proceedings which constitute an ordinary or extraordinary appeal. Judgments, decrees and orders passed by the French Courts, prior to the de facto transfer, which are final or may become so by expiration of the delays of appeal, shall be executed by the competent Indian authorities. Judgments, decrees and orders passed after the date of the de facto transfer in conformity with the first paragraph of the present article shall be executed by the competent Indian authorities, irrespective of the Court which exercised the jurisdiction. Acts or deeds constitutive of rights established prior to the date of the de facto transfer in conformity with French law shall retain the value and validity conferred at that time by the same law. The records of the French Courts shall be preserved in their entirety during a period of twenty years and communication of their contents shall be given to the duly accredited representatives of the French Government whenever they apply for such communication.

Article XI

13The records of the Registrars’ offices shall be preserved and copies or extracts of the proceedings shall be issued to the parties or the authorities concerned. The third copies of each of the Registrars’ offices books of every commune shall be handed over to the French representative on the date of the de facto transfer. As regards records of the year 1954, copies shall be forwarded at the end of the year to the Ministry of French Overseas Territories (Service de Etat Civil et des Archives). The personal judicial records of the Courts’ Registries shall be preserved and copies or extracts of these records shall be issued to the French authorities upon their application.

Article XII

14The provision of Article X of this agreement shall apply to proceedings which the “Conseil de Contentieux Administratif” is competent to deal with. Temporary magistrates and local civil servants selected in accordance with the principles of the said Articles shall compose this body.

Article XIII

15Nationals of France and the French Union belonging by birth to the Establishments or domiciled therein on the date of the de facto transfer shall, subject to the laws and regulations in force, enjoy in these Establishments the same freedom of establishment, movement and trade as the other inhabitants of the Establishments.

Article XIV

16In respect of taxes and duties, other than customs duties and excises, Nationals of France and the French Union belonging by birth to the Establishments or domiciled therein on the date of de facto transfer shall, up to the date of the dejure transfer, be subjected in regard to their persons, properties and enterprises to the same laws and regulations as are at present in force.

Article XV

17All persons or corporate bodies who leave or have already left the Establishments permanently shall be permitted freely to repatriate their capital and properties over a period of ten years from the date of transfer.

Article XVI

18With effect from the date of the de facto transfer goods exported from a port of the Establishments to France or the French Union or imported through the same ports from France or the French Union, shall be accorded most favoured nation treatment in respect of customs duties and other formalities.

Article XVII

19All orders placed outside. the Establishments and finalised through the grant of a licence by competent authorities, in accordance with the laws and regulations in force, prior to the date of the de facto transfer, shall be fulfilled and the necessary foreign currency granted, provided that the goods are imported within the period of validity of the relevant licence. The goods shall, however, be liable to customs duty and other taxes normally leviable at Indian ports. The same rule will apply to goods destined for export for which a licence has been granted, and which will be in stock in the Establishments on the date of de facto transfer. Their export shall be permitted without restriction; but they shall become subject to the normal excise or export duty.

Article XVIII

20The Government of India, with a view to ensure normal operation of the textile mills of Pondicherry, agree to facilitate the allotment of quotas from Indian sources corresponding to the normal supply requirements of the mills. They will also supply the necessary amount of foreign currency required by the mills to carry out orders passed under previous regulations. The French Government on their part agree to maintain to the benefit of these mills, for a period of six months with allocation of foreign currency, and under the same conditions as existed prior to the de facto transfer, entry into the French Union of the goods produced by the said mills.

Article XIX

21On the date of the de facto transfer local public accounts shall be closed in the Establishments Treasurer and Paymaster’s books.

Article XX

22The Government of India shall take the place of the French Government in respect of all credits, debts and deficits of the various accounts in the care of the local administration. The Government of India shall reimburse to the French Government the amount of Treasury loans and various funds placed by the latter at the disposal of the Establishments with the exception of sums remitted as grants.

Article XXI

23Stocks built up by the local authorities and paid for out of the Metropolitan budget or Treasury-in order to ensure normal supplies to the population will be re-purchased by the Government of India.

Article XXII

24The French Government will place a power station at the disposal of the Government of India. The conditions of the purchase shall be examined by the competent authorities.

Article XXIII

25The Government of France shall reimburse to the Government of India within a period of one year from the date of the de facto transfer the equivalent value at par in E sterling or in Indian rupees of the currency withdrawn from circulation from the Establishments after the de facto transfer.

Article XXIV

26The Indian Government agree to the continuation of the existing French institutions of a scientific or cultural character and, by agreement between the two Governments, to the granting of facilities for the opening of establishments of the same character.

Article XXV

27The “College Francias de Pondicherry” shall be maintained in its present premises as a French educational establishment of the second degree with full rights. The French Government shall assume the charge of its functionment as well in respect of the selection and salaries of the staff necessary for management, teaching and discipline as in respect of the organisation of studies, syllabi, and examinations and the charge of its maintenance. The premises shall be the property of the French Government. Article aW Private education institutions at present in existence in the French Establishments shall be allowed to continue and shall preserve the possibility of imparting French education. They shall continue to receive from the local authorities subsidies and other facilities at least equal to those which have been granted up to date.

Article XXVII

28French diplomas and degrees awarded to persons belonging to the French Establishment, viz., “baccalaureat,” “brevet elementaire,” “brevet d’etudes du premier cycle,” shall be examined by a joint education committee set up by the two Governments with a view to establishing their equivalence with diplomas and degrees awarded by Indian universities. Degrees in law and medicine awarded in French Establishments shall be examined similarly.

Article XXVIII

29The French Government or French-recognised Private Organisation shall be allowed to maintain and to create by agreement between the two Governments in the former French Establishments in India, establishments or institutions devoted either to higher studies leading to diplomas of French language, culture and civilisation, or to scientific research or to the spreading of French language, culture and civilisation, or to the spreading of French culture in the Science, Arts or Fine Arts. The Indian Government shall grant facilities in accordance with their laws and regulations for entry into and residence in India to French scholars officially sent by the French Government for a period of study in India. Article Studies leading to the local diploma of “Licence en Droit” shall be continued in Pondicherry until the examinations sessions of 1955. Scholarships for the completion of their studies in France shall be granted on request to the students of the Law College in order to prepare their “Licence en Droit.” Law studies shall be directed by men of law residing in Pondicherry and nominated to the post of Dean and to each Chair by an administrative decision prior to the de facto transfer. Degrees of a purely local character shall be recognised under usual conditions.

Article XXX

30Medical students at present engaged in the course of their studies shall have the possibility either of obtaining a scholarship for studies in France for the completion of the course of studies leading-to the French M. D. Degree, or to be admitted into Indian Medical Colleges after being given due credits for their previous medical studies. This question shall be considered by the Joint Educational Committee to be set up under Article XXVII, the students concerned being given in any case a possibility of option for either of the above-mentioned solutions. The possibility of establishing a Medical College in Pondicherry shall also be examined by the Joint Educational Committee. The Government of India shall maintain the General Hospital, Pondicherry, as well as the pharmaceutical department attached to it. The Government of India shall request the French Government to place at their disposal such experts as required for these institutions.

Article XXXI

31A French representative shall be established in Pondicherry. The payment of the pensions which are the responsibility of the Metropolitan Budget and the financial operations of the Military Bureau in respect of allowances to the families of military personnel shall be dealt with by the representative.

Article XXXII

32The French Government shall transfer to the Indian Government all property owned by the local administration of the Establishments with the exception of such property as, by agreement between the two Governments, is retained by the Government of France for the accommodation of the French Consulate, the College Francais and the Institute to be set up in the future. Properties which are at present in the possession of the religious authorities shall be retained by them and the Government of India agree, whenever necessary, to convey the titles to them.

Article XXXIII

33The French Government shall keep in their custody the records having an historical interest, they shall leave in the hands of the Indian Government the records required for the administration of the Territory.

Article XXXIV

34The French language shall remain the official language of the Establishments so long as the elected representatives of the people shall not dispose otherwise.

Article XXXV

35The questions pending at the time of de facto transfer shall be considered and settled by a French-Indian Commission composed of three representatives of the French Government and three representatives of the Government of India. All difficulties which might arise as regards the rights and obligations to which the Government of India succeed according to Article III shall be settled by the said Commission.

36DONE at New Delhi this Twenty-first day of October, 1954.

37S. OSTROROG, R. K. NEHRU,

38Ambassador Extraordinary Foreign Secretary,

39and Plenipotentiary of France for Jawaharlal Nehru,

40Minister of External Affairs.

Treaty between the Republic of France and India establishing cession by the French Republic to the Indian Union of the French Establishments in India

41* Articles of special interest have been highlighted *

42New Delhi, 28 May 1956

43Preamble

44The President of the French Republic and the President of the Indian Union

45CONSIDERING that their Governments, faithful to the common declaration made in 1947 and desirous of strengthening the bonds of friendship, established since then between France and India, have manifested their intention of settling amicably the problem of the French Establishments in India;

46CONSIDERING that after the wish of these populations had been expressed by their representatives an agreement was concluded on October 21, 1954, transferring the powers of the Government of the French Republic to the Government of Indian Union;

47HAVE DECIDED to conclude a treaty establishing the cession by the French Republic to the Indian Union of the French Establishments of Pondicherry, Karikal, Mahe and Yanam and to settle the problems stemming there from and have designated thereto as their plenipotentiaries

48THE PRESIDENT OF THE FRENCH REPUBLIC

49H. E. Mr. STANISLAS OSTROROG,

50Ambassador Extraordinary and Plenipotentiary of France in India.

51THE PRESIDENT OF INDIA:

52JAWAHARLAL NEHRU, Minister for External Affairs

53who, after exchanging their credentials, which having been found in legal form have agreed as follows:

Article I

54France cedes to India in full sovereignty the territory of the Establishments of Pondicherry, Karikal, Mahe and Yanam.

Article II

55The Establishments will keep the benefit of the special administrative status which was in force prior to 1 November, 1954. Any constitutional changes in this status which may be made subsequently shall be made after ascertaining the wishes of the people.

Article III

56The Government of India shall succeed to the rights and obligations resulting from such acts of the French administrations as are binding on these Establishments.

Article IV

57French Nationals born in the territory of the Establishments and domiciled herein at the date of the entry into force of the Treaty of Cession shall become nationals and citizens of the Indian Union, with the exceptions enumerated under Article V hereafter.

Article V

58The persons referred to in the previous article may, by means of a written declaration drawn up within six months of the entry into force of the Treaty of Cession, choose to retain their nationality. Persons availing themselves of this right shall be deemed never to have acquired Indian nationality. The declaration of the father or, if the latter be deceased, of the mother, and in the event of the decease of both parents, of the legal guardian shall determine the nationality of unmarried children of under 18 years of age. Such children shall be mentioned in the aforesaid declaration. But married male children of over 16 years of age shall be entitled to make this choice themselves. Persons having retained French nationality by reason of a decision of their parents, as indicated in the previous paragraph, may make a personal choice with the object of acquiring Indian nationality by means of a declaration signed in the presence of the competent Indian authorities, within six months of attaining their eighteenth birthday. The said choice shall come into force as from the date of signature of the declaration.

59The choice of a husband shall not affect the nationality of the spouse. The declarations referred to in the first and second paragraphs of this Article shall be drawn up in two copies, the one in French, the other in English, which shall be transmitted to the competent French authorities. The latter shall immediately transmit to the competent Indian authorities the English copy of the aforesaid declaration.

Article VI

60French nationals born in the territory of the Establishments and domiciled in the territory of the Indian Union on the date of the entry into force of the Treaty of Cession shall become nationals and citizens of the Indian Union. Notwithstanding they and their children shall be entitled to choose as indicated in Article V above. They shall make this choice under the conditions and in the manner prescribed in the aforesaid Article.

Article VII

61French nationals born in the territory of the Establishments and domiciled in a country other than the territory of the Indian Union or the territory of the said Establishments on the date of entry into force of the Treaty of Cession shall retain their French nationality, with the exceptions enumerated in Article VIII hereafter.

Article VIII

62The persons referred to in the previous Article may, by means of a written declaration signed in the presence of the competent Indian authorities within six months of the entry into force of the Treaty of Cession, choose to acquire Indian nationality. Persons availing themselves of this right shall be deemed to have lost French nationality as from the date of the entry into force of the Treaty of Cession. The declaration of the father, or if the latter be deceased, of the mother, and in the event of the decease of both parents, of the legal guardian shall determine the nationality of unmarried children of under 18 years of age. Such children shall be mentioned in the aforesaid declaration. But married male children of over 16 years of age shall be entitled to make this choice themselves. Persons having acquired Indian nationality by reason of a decision of their parents, as indicated in the previous paragraph, may make a personal choice with the object of recovering French nationality by means of a declaration signed in the presence of the competent French authorities within six months of attaining their eighteenth birthday. The said choice shall come into force as from the date of signature of the declaration. The choice of a husband shall not affect the nationality of the spouse. The declarations referred to in the first and second paragraphs of this Article shall be drawn up in two copies, the one in French, the other in English and shall be signed in the presence of the competent Indian authorities who shall immediately transmit to the competent French authorities the French copy of the aforesaid declaration.

Article IX

63With effect from 1 November, 1954, Government of India shall take in their service all the civil servants and employees of the Establishments, other than those belonging to the metropolitan cadre or to the general cadre of the France d’Outre-Ministry. These civil servants and employees including the members of the public forces shall be entitled to receive from the Government of India the same conditions of services, as respects remuneration, leave, and pension and the same right as respects disciplinary matter or the tenure of their posts, or similar rights as changed circumstances may permit, as they were entitled to immediately before 1 November, 1954. They shall not be dismissed or their prospects shall not be damaged on account of any action done in the course of duty prior to 1 November, 1954. French civil servants, magistrates and military personnel born in the Establishments or keeping there family links shall be permitted to return freely to the Establishments on leave or on retirement.

Article X

64The Government of France shall assume responsibility for payment of such pensions as are supported by the Metropolitan Budget, even if the beneficiaries have acquired Indian nationality under Article IV to VII above. The Government of India shall assume responsibility for the payment of pensions, allowances and grants supported by the local budget. The system of pension of the various local Retirement Funds shall continue to be in force.

Article XI

65The Government of India shall take the necessary steps to ensure that persons domiciled in the Establishments on 1 November, 1954 and at present practising a learned profession therein shall be permitted to carry on their profession in these Establishments without being required to secure additional qualification, diplomas or permits or to comply with any new formalities.

Article XII

66The administration’s charitable institutions and loans offices shall continue to operate under their present status, and shall not be modified in the future without ascertaining the wishes of the people. The present facilities granted to the private charitable institutions shall be maintained and shall be modified only after ascertaining the wishes of the people.

Article XIII

67Properties pertaining to worship or in use for cultural purposes shall be in the ownership of the missions or of the institutions entrusted by the French regulations at present in force with the management of those properties. The Government of India agree to recognise as legal corporate bodies, with all due rights attached to such a qualification, the “Counseils de fabrique” and the administration boards of the missions.

Article XIV

68Legal proceedings instituted prior to 1 November, 1954 shall be judged in conformity with the basic legislation and procedure in force at that time in the Establishments. To this end, and up to final settlement of such proceedings, the existing courts in the Establishments shall continue to function. Officers of the court shall be law graduates, habitually domiciled in the Establishments, honourably known and selected in accordance with the French regulations governing the designation of temporary judicial officers. The interested parties shall be entitled, if they so decide by common agreement, to transfer to the competent Indian Courts, the said proceedings as well as proceedings which, though already open, are not yet entered with the Registrars of the French Courts, and also proceedings which constitute an ordinary or extraordinary appeal. Judgements, decrees and orders passed by the French Courts, prior to 1 November, 1954, which are final or may become so by expiration of the delays of appeal, shall be executed by the competent Indian authorities. Judgements, decrees and orders passed after 1 November, 1954 in conformity with the first paragraph of the present Article shall be executed by the competent Indian authorities, irrespective of the courts which exercised the jurisdiction. Acts or deeds constitutive of rights established prior to the 1 November, 1954 in conformity with French Law, shall retain the value and validity conferred at that time by the same law. The records of the French Courts shall be preserved in accordance with the rules applicable to them on the date of cession, and communication of their contents shall be given to the duly accredited representatives of the French Government whenever they apply for such communication.

Article XV

69The records of the Registrars offices up to the date of cession, shall be preserved in accordance with the rules applicable to them on that date and copies or extracts of the precedings shall be issued to the parties or the authorities concerned. The personal judicial records of the Courts Registries up to the date of cession, shall be preserved in accordance with the rules applicable to them on that date and copies or extracts of these records shall be issued on request to the French authorities and likewise to the persons concerned in accordance with the legislation in force prior to 1 November, 1954. The said requests on the part of the French authorities and likewise the copies addressed to them shall be drawn up in the French language and shall entail no reimbursement of costs. The French and Indian authorities shall mutually inform each other of penal sentences involving registration in the record of convictions of their own territory and pronounced either by French judicatures or by judicatures sitting in territories ceded to India concerning nationals of the other country born in the aforesaid territories.

70Such information shall be sent free of charge through diplomatic channels, either in French or together with a translation into French.

Article XVI

71The provisions of Article XIV of this treaty shall apply to proceedings which the “Counseil du Contentieux Administratif” is competent to deal with. Temporary magistrates and local civil servants selected in accordance with the principles of the second paragraph of the said Article XIV shall compose this body.

Article XVII

72Nationals of France and of the French Union, domiciled in the French Establishments on 1 November, 1954, shall, subject to the laws and regulations in force for the time being in the Establishments, enjoy in these Establishments the same freedom of residence, movement and trade as the other inhabitants of the Establishments.

Article XVIII

73All persons of French nationality acquired under Article IV to VIII or in any other manner and all French corporate bodies shall be permitted to repatriate freely their capital and properties over a period of ten years from 1 November, 1954.

Article XIX

74The Government of India takes the place of the territory, with effect from 1 November, 1954, in respect of all credits, debts and deficits in the care of the local administration. Therefore, the Government of India shall immediately reimburse to the French Government the amount of Treasury loans and various funds placed by the latter at the disposal of the territory, as well as advances made by the “Caisse Central de La France d’Outre-Mer,” with the exception of sums remitted as grants. In addition the Government of India shall pay the indemnity agreed upon by the two Governments for the purchase of the Pondicherry power station. Simultaneously, the French Government shall reimburse to the Indian Government the equivalent value at par in pound Sterling or in Indian Rupees of the currency withdrawn from circulation from the Establishments before 1 November, 1955.

Article XX

75The Indian Government agree to the continuation of the French institutions of a scientific or cultural character in existence on 1 November, 1954 and by agreement between the two Governments to the granting of facilities for the opening of establishments of the same character.

Article XXI

76The “Collège Français de Pondichéry” shall be maintained in its present premises as a French educational establishment of the second degree with full rights. The French Government should assume the charge of its functionment as well in respect of the selection and salaries of the staff necessary for management, teaching and discipline as in respect of the organisation of studies, syllabi, and examinations and the charge of its maintenance. The premises shall be the property of the French Government.

Article XXII

77Private educational institutions in existence on 1 November, 1954 in French Establishments shall be allowed to continue and shall be permitted to preserve the possibility of imparting French education. They shall continue to receive from the local authorities subsidies and other facilities at least equal to those which were being granted on 1 November, 1954. They will be permitted to receive without obstruction the aid which the French Government in agreement with the Government of India may desire to give them.

Article XXIII

78The French Government or French recognised private organisations shall be allowed to maintain and to create by agreement between the two Governments in the former French Establishments in India establishments or institutions devoted either to higher studies leading to diplomas of French language, culture and civilisation or to scientific research or to the spreading of French culture in the Sciences, Arts or Fine Arts. The Indian Government shall grant every possible facility, subject to their laws and regulations in force, for entry into and residence in India to members of French Universities sent by the French Government for a study visit or a teaching mission to India.

Article XXIV

79The French Institute of Pondicherry, set up by an understanding reached between the two Governments since 21 October, 1954 agreement and inaugurated on 21 March, 1955 shall be maintained as a research and advanced educational establishment. The Indian Government shall provide such suitable facilities to further the development of the activities of the said institute, as agreed upon between the two Governments from time to time.

Article XXV

80Equivalences of French diplomas and degrees awarded to persons belonging to the French Establishments, namely “Baccalaureat,” “brevet elementaire,” “brevet d’etudes du premier cycle” with diplomas and degrees awarded by Indian Universities will be accepted by the Indian Government for admission to higher studies and administrative careers. These equivalences will be fixed according to the recommendations of the Joint Educational Committee, nominated by the two Governments in accordance with the agreement of 21 October, 1954. This shall apply equally to degrees in law and medicine awarded in the Establishments. Degrees of a purely local character shall be recognised under usual conditions.

Article XXVI

81The French Government ceder, to the Government of India all properties owned by the local administration of the Establishments with the exception of such property as enumerated in Article VIII of the Annexed Protocol. Properties which are at present in possession of all religious authorities shall be retained by them and the Government of India agree, whenever necessary, to convey the titles to them.

Article XXVII

82The French Government shall keep in their custody the records having an historical interest; the Government of India shall keep in their custody the records required for the administration of the territory. Each Government shall place at the disposal of the other lists of records in its possession and copies of such records as are of interest to the other.

Article XXVIII

83The French language shall remain the official language of the Establishments so long as the elected representatives of the people shall not decide otherwise. Article All questions pending at the time of the ratification of the Treaty of Cession shall be examined and settled by a French Indian Commission composed of three representatives of the French Government and three representatives of the Indian Government.

Article XXX

84Any disagreement in respect of the application or interpretation of the present treaty which cannot be resolved through diplomatic negotiation or arbitration shall be placed before the International Court of Justice at the request of one or other of the High Contracting Parties.

Article XXXI

85The French and English texts of the present treaty shall be equally authentic. The present treaty shall be entered into force on the day of its ratification’ by the two Governments concerned. The exchange of instruments of ratification shall take place at New Delhi.

86The present treaty shall be deposited in the archives of the Government of India, which shall transmit an attested copy to the Government of the French Republic.

87JAWAHARLAL NEHRU

88Prime Minister and Ambassador Extraordinary and

89Minister for External Affairs.

90S. OSTROROG Plenipotentiary of France in India.

Protocol

Article I

91As regards the communes of Nettapacom and Tirubuvane which are part of the Establishments of Pondicherry and as regards the Establishments of Yanam and Mahe the French Government shall not be responsible, particularly in respect of Articles III, IX and XIX of the treaty, for any acts done in these communes and Establishments with effect from the date shown against each: - for Nettapacom on 31st March 1954. - for Trubuvane on 6th April, 1954. - for Yanam on 13th June, 1954. - for Mahe on 16th July, 1954.

Article II

92The sets of courses of studies at present in force shall be maintained during the appropriate transitional period in a sufficient number of educational institutions so as to ensure to the people concerned a possibility of option for the future. Transitory periods shall be provided for in every course of studies.

Article III

93All pupils and students now engaged in a course of studies are given the assurance that they will be enabled to complete their studies in French according to the curricula and methods in force on 1 November, 1954. They shall continue to enjoy the facilities which they enjoyed on that date, especially regarding free education and scholarships granted by local authorities, whether these scholarships be valid in the Establishments or in France.

Article IV

94Regarding the organisation of the examinations of College Francais and the French Institute, facilities shall be given to the representatives of the French Government concerning visas and sojourn as well as practical dispositions to be taken for holding the examinations. The French Government retains the authority to select and appoint examination boards.

Article V

95Scholarships for the completion of studies leading to the “Licence en Droit” and “Doctore en Medicine” when begun before 1 November, 1954, shall be granted on request to the students of the former Law College and of the former Medical College. If they so prefer, medical students shall have the possibility to be admitted into Indian medical colleges for completion of their studies, after being given due credits for their previous medical studies.

Article VI

96The Government of India will reimburse to the personnel of education and cultural establishments whose salaries are paid by the French Government, an amount equal to the Indian income-tax paid by them unless it is covered by Double Income Tax Avoidance Agreement between India and France.

Article VII

97If French books, publications and periodicals as well as educational and teaching equipment and other cultural material intended for use in French Institute and College Francais, are subject to import duty or other taxes, an amount equivalent to the sum so paid shall be reimbursed by the Government of India to the institutions concerned.

Article VIII

98The Government of India recognise as being in the ownership of the French Government the following properties: (1) Property located in rue de la Marine (for the installation of the French Consulate); (2) Properties located on the rue Victor Simonel which are occupied by the “College Francais de Pondicherry”; (3) the War Memorial; (4) Property No. 13 located at Karikal so called “Maison Lazare” (for the installation of a branch of the French Consulate); (5) Property located on the rue Saint-Louis (for the Institute).

Article IX

99No one shall be prosecuted on account of political offences committed prior to 1 November, 1954 and against whom no prosecution has been instituted on the said date.

Supplementary agreement between the Government of India and the Government of France concerning the former French territories

100* Articles of special interest have been highlighted *

101New Delhi, 16 March 1963

102A delegation representing the Government of France led by His Excellency Mr. Jean-Paul Garnier, Ambassador Extraordinary and Plenipotentiary of the Republic of France in India, discussed in New Delhi from the 13th of November, 1962 to the 15th of March, 1963 with a delegation representing the Government of India, led by Mr. Rajeshwar Dayal, Special Secretary, Ministry of External Affairs, various matters concerning certain provisions of the Treaty of Cession of the French Establishments of Pondicherry, Karikal, Mahe and Yanam concluded on the 28th of May, 1956 in New Delhi between the French Republic and the Republic of India.

103The two delegations reached the following conclusions:

I. Administrative and social questions

1041. Situation of persons domiciled in the former French Establishments in India on the 1st of November, 1954.

1052. Establishment and exercise of their activities-The Indian delegation stated that the Government of India had taken steps to ensure that the provisions of Articles 11 and 17 were observed. If new laws or regulations were promulgated, it would be ensured that the provisions of Articles 11 and 17 were not infringed.

106In the special case of Article 17, the existing laws and regulations are, according to the Indian delegation, adequate for the purpose, except in the case of certain requirements such as registration and residential permits which apply to all foreign nationals. The Government of India shall exempt French nationals domiciled in the former French Establishments from these requirements.

1073. Future of the judicial professions and maintenance of the acquired rights of its members. The Indian delegation stated that the Government of India did not contemplate any sudden reform of the judicial organization in Pondicherry. Changes which would be necessary to bring the system in Pondicherry in harmony with that prevailing in the rest of India, will be introduced gradually allowing a reasonable period of transition.

II. Judicial questions

108Proceedings pending on August the 16th, 1962, before local courts and before the “Conseil du Contentieux Administratif” in the Establishments will be continued and completed till their final settlement, in accordance with the substantive laws in force in the Establishments on the above-mentioned date.

109Cases in the “Cour de Cassation,” the “Conseil d’Etat” and the “Cour Superieure d’Arbitrage” pending on August the 16th, 1962, will be transferred to the competent Indian Courts.

110The French delegation proposed that Judgements, decrees and orders passed by local courts as well as by French Supreme Jurisdiction should be executed by the Indian Authorities.

111The Indian delegation agreed to this proposal stating that they had been informed that no execution was necessary on their part in respect of any decision rendered during the last two and a half years or so by any court in France in any case in which the respondent had no opportunity to appear.

112Acts and deeds constitutive of rights established in conformity with French law will accordingly retain the value and validity conferred on them by the same law.

III. Economic and financial questions

1. Fiscal Regulations

113The conclusion of a convention in order to avoid double taxation is under discussion between the Governments of India and France. The fiscal system applicable to French nationals will be determined by the entry into force of the said convention.

2. Repatriation of capital and of properties

114The Indian delegation agreed that the provisions of Article 18 of the Treaty will be extended by a further period of three years so as to enable repatriation of capital and of properties up to the 31st of October, 1967.

IV. Cultural questions

1. Equivalence of diplomas

115The Indian delegation will recommend to appropriate authorities to recognize the following equivalencies:

  • Brevet d’Etudes du Premier Cycle and Brevet Elementaire to be equivalent to Matriculation;
  • first part of Baccalaureat to be equivalent to Pre-University Certificate;
  • holders of the Second part of Baccalaureat to be eligible for admission to the Second Year of B.A./B.Sc.
  • in individual cases, holders of French Baccalaureat to be admitted in classes higher than the 2nd year of B.A./B.Sc. after special examination.

2. Medical Diplomas

116The Indian delegation explained that the Diploma granted by the Medical School in Pondicherry was already officially recognized. The holders of this Diploma are eligible for registration as medical practitioners all over India on the same terms as the holders of similar diplomas granted by other Medical Institutes in India. In regard to higher education, the Diploma of the Medical School in Pondicherry is equated to medical qualifications such as the “Licenciate of the Medical Faculty” of West Bengal, the “Licenciate of the Medical Faculty” of Punjab, “Membership of College of Physicians and Surgeons” (M.C.P.S.) of Bombay, “Membership of the State Medical Faculty” (M.M.F.) of West Bengal and similar diplomas. If the holders of the said French Diploma wish to acquire the M.B.B.S. degree, they can do so after taking a condensed two years course for which facilities are available at five places in India.

3. Teaching of French

117The Indian delegation confirmed that teaching of French be maintained and encouraged in the educational institutions of Pondicherry and Chandernagore.

4. Sisters of Saint-Joseph de Cluny

118The Indian delegation stated that all possible facilities for grant of visas will by extended to Sisters of Saint-Joseph de Cluny wishing to come to India for teaching at the school of Saint-Joseph de Cluny in Pondicherry, till progressive Indianisation of the religious communities permits the replacement of French by Indian Sisters.

V. Miscellaneous questions

119(1) The French delegation pressed forward a request for extension of the powers of the Commission provided for in Article 29 of the Treaty in order that it could deal with, effectively and without delay, minor difficulties, particularly of a private character, which might arise in the future concerning the implementation of the Treaty.

120The Indian delegation pointed out that Article 29 of the Treaty provided for the establishment of the proposed Commission to deal only with questions pending at the time of ratification of the Treaty. Other questions were therefore beyond the competence of this Commission. The Indian delegation appreciated, however, that it should not be necessary to take up at the diplomatic level all minor difficulties relating to the implementation of the provisions of the Treaty and that a suitable local machinery might be useful for the purpose.

121It was agreed that such a machinery will be provided in Pondicherry by entrusting the Chief Secretary of the Administration on the Indian side and the Consul General on the French side with the task of dealing with complaints and difficulties of a minor nature. This will not preclude recourse to normal diplomatic channels, when necessary, either initially or afterwards. It was hoped that the above machinery in Pondicherry would be able to settle the issues referred to it without recourse to higher authorities.

122(2) The Indian delegation agreed that the Government of India will continue to lease to the Associations of War Veterans, the building located in No. 10, rue de Lauriston, on payment ai e rujux at the building of a nominal rent as hitherto. They hoped this will also be used for other activities of Indo-French cultural co-operation.

123(3) The French delegation asked that in case the Indian Authorities wished to remove the statue of Dupleix from its present site the latter should agree to a request of the French Government to have the statue back in France or transferred to one of the premises in Pondicherry belonging to the French Government. The Indian delegation agreed and added that the Indian Authorities had at present no intention of removing the statue from its present site.

124(4) The Indian delegation agreed that necessary steps will be taken to ensure that French tombs in the former Establishment are maintained in proper condition.

125SIGNED in New Delhi on the Sixteenth of March, 1963.

126On behalf of the Government of India

127Sdl-

128RAJESHWAR DAYAL,

129Special Secretary to the Government of India, Ministry of External Affairs.

130On behalf of the Government of the French Republic

131Sdl-

132JEAN-PAUL GARNIER

133Ambassador Extraordinary and Plenipotentiary of France in India.

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