UPPSC -PT on 26th June

Allahabad, June, 21: High profile recruiter of India’s largest state, Uttar Pradesh Public Service Commission (UPPSC) Allahabad is going to conduct the Combined State / Upper Subordinate Services (Preliminary) Examination 2011 on June 26 for the notified post. UPPSC   had already issued the Admit Card for Combined State / Upper Subordinate Services (Preliminary) Examination 2011. Those Candidates who Applied for The Examination and couldn’t got their Admit Cards, Can Download Their Duplicate Admit Cards from the UPPSC web site.
The pattern of the examination will encompass two papers one for the general studies and another will be the Optional and nature of question will be objective type and multiple choice.

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BPSC LSW Topic-THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

An Act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments.

Be it enacted by Parliament in the Thirty-Seventh Year of the Republic of India as

follows: --

PART I

PRELIMINARY

1. Short title, extent and commencement. -- (1) This Act may be called the Child Labour (Prohibition and Regulation) Act, 1986.

(2) It extends to the whole of India.

(3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments.

2. Definitions. -- In this Act, unless the context otherwise requires, --

(i) "Appropriate Government" means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government;

(ii) "Child" means a person who has not completed his fourteenth year of age;

(iii) "Day" means a period of twenty-four hours beginning at mid-night;

(iv) "Establishment" includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;

(v) "Family", in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual;

(vi) "Occupier", in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop;

(vii) "Port authority" means any authority administering a port;

(viii) "Prescribed" means prescribed by rules made under section 18;

(ix) "week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector;

(x) "Workshop" means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.

PART II

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES

3. Prohibition of employment of children in certain occupations and processes.-- No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on:

Provided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.

4. Power to amend the Schedule.-- The Central Government, after giving by notification in the Official Gazette, not less than three months notice of its intention so to do, may, by like notification, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly.

5. Child Labour Technical Advisory Committee.-- (1) The Central Government may,by notification in the Official Gazette, constitute an advisory committee to be called the Child Labour Technical Advisory Committee (hereafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule.

(2) The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appointed by the Central Government.

(3) The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure.

(4) The Committee may, if it deems it necessary so to do, constitute one or more sub committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee.

(5) The term of office, of the manner of filling casual vacancies in the office of, and the

allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its subcommittees shall be such as may be prescribed.

PART III

REGULATION OF CONDITIONS OF WORK OF CHILDREN

6. Application of Part.-- The provisions of this Part shall apply to an establishment or a

class of establishments in which none of the occupations or processes referred to in

section 3 is carried on.

7. Hours and period of work. -- (1) No child shall be required or permitted to work in

any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments

.

(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour.

(3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day.

(4) No child shall be permitted or required to work between 7 p.m. and 8 a.m.

(5) No child shall be required or permitted to work overtime.

(6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment.

8. Weekly holidays.-- Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.

9. Notice to Inspector.-- (1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:--

(a) The name and situation of the establishment;

(b) The name of the person in actual management of the establishment;

(c) The address to which communications relating to the establishment should be sent; and

(d) The nature of the occupation or process carried on in the establishment.

(2) Every occupier, in relation to an establishment, who employs, or permits to work, any child after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1).

Explanation.-- For the purposes of sub-sections (1) and (2), "date of commencement of this Act, in relation to an establishment" means the date of bringing into force of this Act in relation to such establishment.

(3) Nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.

10. Disputes as to age.-- If any question arises between an Inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority.

11. Maintenance of register.-- There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing--

(a) the name and date of birth of every child so employed or permitted to work;

(b) hours and periods of work of any such child and the intervals of rest to which he is entitled;

(c) the nature of work of any such child; and

(d) such other particulars as may be prescribed

12. Display of notice containing abstract of sections 3 and 14.-- Every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of sections 3 and 14.

13. Health and safety.-- (1) The appropriate Government may, by notification in the Official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments.

(2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:--

(a) Cleanliness in the place of work and its freedom from nuisance;

(b) Disposal of wastes and effluents;

(c) Ventilation and temperature;

(d) Dust and fume;

(e) Artificial humidification;

(f) Lighting;

(g) Drinking water;

(h) Latrine and urinals;

(i) Spittoons;

(j) Fencing of machinery;

(k) Work at or near machinery in motion;

(l) Employment of children on dangerous machines;

(m) Instructions, training and supervision in relation to employment of children

on dangerous machines.

(n) Device for cutting off power;

(o) Self-acting machines;

(p) Easing of new machinery;

(q) Floor, stairs and means of access;

(r) Pits, sumps, openings in floors, etc.;

(s) Excessive weights;

(t) Protection of eyes;

(u) Explosive or inflammable dust, gas, etc.

(v) Precautions in case of fire;

(w) Maintenance of buildings; and

(x) Safety of buildings and machinery.

PART IV

MISCELLANEOUS

14. Penalties.-- (1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.

(2) Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.

(3) Whoever--

(a) Fails to give notice as required by section 9; or

(b) Fails to maintain a register as required by section 11 or makes any false entry

in any such register; or

(c) Fails to display a notice containing an abstract of section 3 and this section

as required by section 12; or

(d) Fails to comply with or contravenes any other provisions of this Act or the rules made thereunder.shall be punishable with simple imprisonment, which may extend to one month or with fine, which may extend to ten thousand rupees or with both.

15. Modified application of certain laws in relation to penalties.-- (1) Where any person is found guilty and convicted of contravention of any of the provisions mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections

(1) And (2) of section 14 of this Act and not under the Acts in which those provisions are contained.

(2) The provisions referred to in sub-section (1) are the provisions mentioned below:--

(a) Section 67 of the Factories Act, 1948 (63 of 1948);

(b) Section 40 of the Mines Act, 1952 (35 of 1982);

(c) Section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and

(d) Section 21 of the Motor Transport Workers Act, 1961 (27 of 1961).

16. Procedure relating to offences. --

(1) Any person, police officer or Inspector may file

a complaint of the commission of an offence under this Act in any court of competent jurisdiction.

(2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates.

(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.

17. Appointment of Inspectors.-- The appropriate Government may appoint Inspectors for the purposes of securing compliance with the provisions of this Act and any

Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

18. Power to make rules.-- (1) The appropriate Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the term of office of, the manner of filling casual vacancies of, and the allowances payable to the Chairman and members of the Child Labour Technical Advisory Committee and the conditions and restrictions subject to which a nonmember may be appointed to a sub-committee under sub-section (5) of section 5;

(b) Number of hours for which a child may be required or permitted to work under sub-section (1) of section 7;

(c) grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities, which may issue such certificate, the form of such certificate, charges , which may be made there under, and the manner in which such certificate may be issued: Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned;

(d) the other particulars, which a register maintained under section 11, should contain.

19. Rules and notifications to be laid before Parliament or State legislature.--

(1)Every rule made under this Act by the Central Government and every notification issued under section 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done Under that rule or notification.

(2) Every rule made by a State Government under this Act shall be laid as soon as may be

after it is made, before the legislature of that State.

20. Certain other provisions of law not barred. -- Subject to the provisions contained in

section 15, the provisions of this Act and the rules made there under shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952).

21. Power to remove difficulties. -- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament.

22. Repeal and savings. --

(1) The Employment of Children Act, 1938 (26 of 1938) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

23. Amendment of Act 11 of 1948. In section 2 of the Minimum Wages Act, 1948,--

(i) For clause (a), the following clauses shall be substituted, namely:--

(a) "Adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year;

(aa) "Adult" means a person who has completed his eighteenth year of age;

(ii) After clause (b), the following clause shall be inserted, namely:--

(bb) "Child" means a person who has not completed his fourteenth year of age;'.

24. Amendment of Act 69 of 1951.-- In the Plantations Labour Act, 1951: --

(a) in section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth" shall be substituted;

(b) Section 24 shall be omitted;

(c) In section 26, in the opening portion, the words "who has completed his twelfth year" shall be omitted.

25. Amendment of Act 44 of 1958.-- In the Merchant Shipping Act, 1958, in section 109, for the word "fifteen", the word "fourteen" shall be substituted

.

26. Amendment of Act 27 of 1961.-- In the Motor Transport Workers Act, 1961, in section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth" shall

be substituted.

BPSC-LSW Topic-Workmen’s Compensation Act, 1923&Workmen’s Compensation Rules, 1924

Object: The objective of this Act is that in the case of an employment injury compensation be provided to the injured workman and in case of his death to his

dependants.

Employer to pay compensation: In case a personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer is liable to pay Compensation in accordance with the provision of the Act within 30 days from the date when it fell due otherwise he would also be liable to pay interest and penalty.

When employer is not liable: In case the disablement of workman is three or less days; except in case of death when the injury is caused due to influence of drink or drug taken by the workman or upon his willful disobedience to obey safety rules or removal of safety guards by him.

Amount of compensation:

(1) in case of death:- an amount equal to 50% of the monthly wage multiplied by the relevant factor as given in Schedule IV of the Act or Rs. 80,000/- whichever is more.

(2) In case of permanent total disablement, it is 60% or Rs. 90,000/- whichever is more.

(3) In case of permanent partial disablement occurs then the compensation is proportionate to the disability arrived as at (2) above.

Notice: An injured person or his dependants have to give a notice to the employer to pay compensation.

Claim: Upon the failure or refusal of an employer to give compensation, an application is to the made in Form - F to the Commissioner under the Workmen's Compensation Act, 1923 who is the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer of the area where the accident took place or where the claimant ordinarily resides or where the employer has his registered office. After hearing both the parties, the Commissioner decides the claim.

Contracting out : Any contract or agreement whereby an injured person or his dependant relinquishes or reduce his right to receive compensation is null and void to that extent.

Appeal: An appeal lie to the High Court against the orders of the Commissioner with regard to the awarding or refusing to award compensation, or imposing interest or penalty, or regarding distribution of compensation etc.

Recovery: The amount of compensation awarded by the Commissioner is to be recovered as arrears of land revenue.

Pacific Rim Nations:N.J. Spykman Spoked in 1944 US is Ruling

New Delhi,June,19:The countries surrounding the Pacific Ocean have created an economic wonder and together known as the Pacific Rim.In 1944 the famous geographer N.J. Spykman postulated a theory about the “rim” of Eurasia. He said that those who control of the rimland,will control of the world. Now, more than fifty years later we can see that part of his theory holds true, since the power of the Pacific Rim is quite phenomenal.

The Pacific Rim includes countries bordering the Pacific Ocean from North and South America to Asia to Oceania. Most of these countries have gone through transitional change in their economy and formed an economically integrated trade region. Raw material and finished goods are shipped between Pacific Rim nations for manufacture, packaging, and marketing.

The Pacific Rim has got great say in global economy due to their consumption, manufacturing and resources. Since the colonization of the Americas, the Atlantic Ocean had been the leading ocean for the shipment of goods and material but in the early 1990s, the value of goods crossing the Pacific Ocean has exceeded of the value of goods crossing the Atlantic. Los Angeles is the US pivot in the Pacific Rim as it’s the source for the most trans-Pacific flights and ocean-based shipments. Additionally, the value of US imports from Pacific Rim countries is higher than the imports from NATO partners in Europe.

Economic Tigers

Four Pacific Rim nation including South Korea, Taiwan, Singapore, and Hong Kong have been called “Economic Tigers” due to their aggressive economies. Since Hong Kong has been assimilated as the Chinese territory of Xianggang, it is likely that its status as a tiger will change. The four Economic Tigers have even challenged Japan’s dominance of the Asian economy and recently Japan has no longer the second largest economy.

South Korea’s economic strength and industrial development are associated with their manufacturing power of white goods, textiles and automobiles. The country larger than Taiwan and has been consistently shifting from its agricultural base to industries. South Koreans are workaholic; their average workweek is close to 50 hours.

Taiwan,is a tiger on the accounts of its major industries and aggressive entrepreneurial initiative. China consistently claiming the island and the mainland and island are technically at different set of war. If in the future in accepts a merger, hopefully it will be a peaceful one. The island is about 14,000 square miles and has a prime focus on its northern coast; around the capital city of Taipei. Their economy of this island is the twentieth largest in the world.

The island city-state Singapore started its move as an entrepot, or free port for transshipment of goods, for the Malay Peninsula. After the independence in 1965 with tight governmental control and an excellent location, Singapore has effectively utilized its limited land area (240 square miles) to emerge as the leader in industrialization.

Hong Kong incorporated as the part of China on July 1, 1997 after being territory of the United Kingdom for 99 years. The event of the merger of one of the world’s outstanding examples of capitalism with a communism was watched by the entire world despite the transition, Hong Kong, which had one of the highest GNP’s per capita in the world, continues to maintain their official languages of English and the Cantonese dialect. The dollar continues to be in use however it no longer bears the portrait of Queen Elizabeth. A provisional legislature has been installed in Hong Kong and they have set the limits on opposition activities and have reduced the proportion of the population eligible to vote. Hopefully, additional change won’t be too significant for the people.

China is strongly galloping to foray into the Pacific Rim with big sized Special Economic Zones (SEZ) offers and Open Coastal Areas with special incentives for the investors. These areas are scattered along China’s coast and now Hong Kong is one of these zones which also includes China’s largest city, Shanghai.

The Asia-Pacific Economic Cooperation (APEC) organization is the group of 18 Pacific Rim countries. These are the producer of about 80% of the world’s computer and high tech instruments. The member of APEC of, which has a small administrative headquarters, include: China, Indonesia, Japan, Malaysia, Brunei, Canada, Chile, Mexico, New Zealand, Papua New Guinea, Singapore, South Korea, Taiwan, Thailand, Philippines, and the United States. APEC was formed in 1989 to promote free trade and economic cooperation among the member nations. The heads of state of the member nations met in 1993 and in 1996 while trade officials hold the annual meetings.

From Chile to Canada and Korea to Australia, the Pacific Rim a region on watch list as barriers between the countries are weakening and population grows not only in Asia but also along the Pacific coast of the Americas. The cross dependency is likely to increase but can all of the countries win

SOURCE:

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BPSC Mains GS Topic: Kosi Project between Nepal & India

A complete draft of Agreement between India and Nepal

India and Nepal inked an Agreement on twentyfifth day of April 1954, according to that india was  desirous of constructing a barrage, head-works and other appurtenant work about 3 miles upstream of Hanuman Nagar town on the Kosi River with afflux and flood banks, canals and protective works, on land lying within the territories of Nepal, for the purpose of flood control, irrigation, generation of hydroelectric power and prevention of erosion of Nepal areas on the right side of the river, upstream of the barrage.

Nepal has agree to the construction of the said barrage, head-works and other connected works by and a the cost of the Union, in consideration of the benefits hereinafter appearing.

1. Both Countries agree as follows: 

(i) The barrage will be located about 8 miles upstream of Hanuman Nagar town.

(ii)The general layout of the barrage, the areas within afflux bank, flood embankments.

2. Preliminary Investigations and Surveys 

(i) Nepal shall authorise and give necessary facilities to the canal and other officers of the India or other persons acting under the general or special orders of such officers to enter upon such lands as necessary with such men, animals, vehicles, equipment, plant, machinery and instruments as necessary and undertake such surveys and investigations required in connection with the said Project before, during and after the construction, as may be found necessary from time to time by the Chief Engineer, Public Works Department (Kosi Project ) in the Irrigation Branch of the Bihar Government. These surveys and investigations will comprise aerial and ground surveys, hydraulic, hydrometric, hydrological and geological surveys including construction of drillholes for surface and sub-surface explorations; investigations for communications and for materials of construction; and all other surveys and investigations necessary for the proper design, construction and maintenance of the barrage and all its connected works mentioned under the Project. 

here 

(ii) Nepal will also authorise and give necessary facilities for investigations of storage or detention dams on the Kosi or its tributaries, soil conservation measures such as check dams, afforestation, etc., required for a complete solution of the Kosi problem in the future. 

3. Authority for Execution of Works and Occupation of Land and other Property. 

(i) Nepal will authorise the Union to proceed with the execution of the said Project as and when the Project or a part of the Project receives sanction of the said Union and notice has been given by the Union to Nepal of its intention to commence work on the Project and shall permit access by the engineer(s) and all other officers, servants and nominees of the Union with such men, animals, vehicles, plants, machinery, equipment and instruments as may be necessary for the direction ad execution of the project to all such lands and places and shall permit the occupation, for such period as may be necessary of all such lands and places as may be required for the proper execution of the Project.

(ii) The land required for the purposes mentioned shall be acquired by Nepal and compensation thereof shall be paid by India in accordance with provisions.

(iii) Nepal will authorise officers of the India to enter on land outside the limits or boundaries of the barrage and its connected works in case of any accident happening or being apprehended to any of the said works and to execute all works which may be necessary for the purpose of repairing of preventing such accident: compensation, in every case, shall be tendered by India to the proprietors or the occupiers of the said land for all damages done to the some through Nepal in order that compensation may be awarded.

(iv) Nepal will permit India to quarry the construction materials required for the Project from the various deposits as Chatra, Dharan Bazar or other places in Nepal. 

4. Use of water an power 

(i). Without prejudice to the right of Government to withdraw for irrigation or any other purpose in Nepal such supplies of water, as may be required from time to time, India will have the right to regulate all the supplies in the Kosi River power at the Barrage site in to generate power at the same site for the purpose of the Project. 

(iii) Nepal shall be entitled to use up to 50 percent of the hydro-electric power generated at the Barrage site Power House on payment of such tariff rates as may be fixed for the sale of power by India in consultation with Nepal. 

5. Sovereignty and Jurisdiction 

India shall be the owner of all lands acquired by Nepal under the provisions of clauses 3 hereof which shall be transferred by them to India and of all water rights secured.Provided that the sovereignty rights and territorial jurisdiction of Nepal in respect of such lands shall continue unimpaired by such transfer. 

6. Royalties 

(i)Nepal will receive royalty in respect of power generated and utilized in the Indian Union at rates to be settled by agreement hereafter. Provided that on royalty will be paid on the power sold to Nepal. 

(ii) Nepal shall be entitled to receive payment of royalties from India in respect of stone, gravel and ballast obtained from the Nepal territory and used in the construction and future maintenance of the barrage and other connected works at rated to be settled by agreement hereafter. 

(iii)India shall be at liberty to use and remove clay, sand and soil without let or hindrance from lands acquired by Nepal and transferred to the India. 

(iv) Use the timber from Nepal forests, required for the construction shall be permitted on payment of compensation.

Provided to compensation will be payable to Nepal for such quantities of timber as may be decided upon by Nepal and India to be necessary for use on the spurs or other training works required for the prevention of caving and erosion of the right bank in Nepal. 

Provided likewise that no compensation will be payable by India for any timber obtained from the forest lands acquired by Nepal and transferred to India. 

7. Customs Duties 

Nepal shall charge no customs duty or duty of any kind during construction and subsequent maintenance, on any articles or materials required for the purpose of the project and the work connected therewith or for the bona fide use of the India. 

8. Compensation for Land and Property

(i) For assessing the compensation to be awarded by the India to Nepal in cash (a) lands required for the execution of the various works as mentioned in clause 3(ii) and (b) submerged lands, will be divided into the following classes: 

1. Cultivated lands 

2. Forest lands 

3. Village lands and houses and other immovable property standing on them. 

4. Waste lands (i) All lands recorded in the register of lands in the territory of Nepal as actually cultivated shall be deemed to be cultivated lands for the purposes of this clause. 

(ii) The India shall pay compensation 

(a) to the Nepalfor the loss of land revenue as at the time of acquisition in respect of the area acquired and 

(b) to whomsoever it may be due for the Project and transferred to India.

(iii) The assessment of such compensation, and the manner of payment shall be determined hereafter by mutual agreement between Nepal and India. 

(iv) All lands required for the purposes of the project shall be jointly measured by the duly authorised officers of Nepal and India respectively. 

9. Communications 

(i) Nepal agrees that India may construct and maintain roads, tramways, ropeways etc. required for the Project in Nepal and shall provide land for these purposes on payment of compensation . 

(ii) Subject to the territorial jurisdiction of Nepal the ownership and the control of the metalled roads, tramways, and railway shall vest in India. The roads will be essentially departmental roads of the irrigation Department of India and any concession in regard to their use by commercial and non-commercial vehicles of Nepal shall not be deemed to confer any right of way. 

(iii) Nepal agreed to permit, on the same terms as for other users, the use of all roads, waterways and other avenues of transport and communication in Nepal for bona fide purposes of the construction and maintenance of the barrage and other connected works. 

(iv) The bridge over Hanuman Nagar Barrage will be open to public traffic but India shall have the right to close the traffic over the bridge for repairs, etc.

(v) Nepal agrees to permit the use of telephone and telegraph in the project area to authorised servants of Nepal for business in emergencies provided such use does not in any way interfere with the construction and operation of Projects.

10. Use of River Craft 

All navigation rights in the KosiRiver in Nepal will rest with Nepal. The use of water-craft like boat launches and timbe rafts within two mils of the Barrage and headworks shall not be allowed except by special licence under special permits to be issued by the Executive Engineer, Barrage. Any unauthorised watercraft found within this limit shall be liable to prosecution. 

11. Fishing Rights 

All the fishing rights in the KosiRiver in Nepal except within two miles of the Barrage shall vest in Nepal of Nepal. No fishing will be permitted within two miles of the Barrage and Headworks. 

12. Use of Nepali labour

India shall give preference to Nepali labour, personnel and contractors to the extent available and in its opinion suitable for the construction of the Project but shall be at liberty to import labour of all classes to the extent necessary. 

13. Administration of the Project Areas in Nepal 

India shall carry out inside the Project areas in the territory of Nepal functions such as the establishment and administration of schools, hospitals, provision of water-supply and electricity, drainage, tramway lines and other civic amenities. 

14. Nepal shall be responsible for the maintenance of laws and order in the Project areas within the territory of Nepal. Nepal and Union shall, from time to time consider and make suitable arrangements calculated to achieve the above object.

15. If so desired by India, Nepal agrees to establish special court or courts in the Project area to ensure expeditions disposal of cases arising within the Project area. India shall bear the cost involved in the establishment of such courts, if Nepal so desires.

16. Future Kosi Control Works 

If further investigations indicate the necessity of storage or detention dams and other soil conservation measures on the Kosi and its tributaries, Nepal agree to grant their consent to them on conditions similar to those mentioned herein.

17. Arbitration 

If any question, differences or objections whatever shall arise in any way, connected with or arising out of this agreement or the meaning or operation of any part thereof or the rights, duties or liabilities of either party, except as to decisions of any such matter as therein before otherwise provided for, every such matter shall be referred for arbitration to two persons-one to be appointed by Nepal and the other by India-whose 

Decision shall be final and binding, provided that in the event of disagreement between the two arbitrators, they shall refer the matter under dispute for decision to an umpire to be jointly appointed by the two arbitrators before entering on the reference.

18. This agreement shall be deemed to come into force with effect from the date of signatures of the authorized representatives of Nepal and India. Respectively.