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Treaty on Recognition of India's Sovereignty over Goa, Daman and Diu, Dadar and Nagar Haveli Amendment, 14 Mar 1975

December 31, 1974

TREATY BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL ON RECOGNITION
OF INDIA'S SOVEREIGNTY OVER GOA, DAMAN, DIU, DADRA
AND NAGAR HAVELI AND RELATED MATTERS

New Delhi

The President of the Republic of INDIA and The President of the Republic of PORTUGAL,

RECALLING the joint Communique signed in New York on 24 September, 1974 by the Minister of External Affairs, Government of India and the Minister of Foreign Affairs, Government of Portugal stating, inter alia, that the Government of Portugal was ready to recognise the full sovereignty of India over the former Protuguese territories of Goa, Daman, Diu, Dadra and Nagar Haveli, which had become integral parts of the territory of India,

NOTING that the Constitutional Law No. 9/74 of 15 october 1974 published in the State Gazette of Portugal authorises the President of the Republic of Portugal to conclude an agreement between Portugal -and India by which Portugal recognises the full sovereignty of India over the territories of Goa, Daman, Diu, Dadra and Nagar Haveli and that this rocognition would imply the abrogation of the corresponding part of Article 1 of the Portuguese Constitution of 1933,

BEARING IN MIND the desires of the peoples of India and Portugal to usher in a new era of friendship and cooperation,

HAVE DECIDED to conclude a treaty between their two countries to implement the understanding expressed in the aforementioned Joint Communique and to take steps to re-establish normal relations between their two countries on the basis of sovereign equality and mutual benefit, and have appointed for this purpose as plenipotentiaries :

The President of the Republic of India :
His EXCELLENCY SHRI Y.B. CHAVAN,
Minister of External Affairs

The President of the Republic of Portugal :
His EXCELLENCY DR. MARID SOARES,
Minister of Foreign Affairs

WHO HAVE agreed as follows :

Article I
Portugal acknowledges that the territories of Goa, Daman, Diu, Dadra and Nagar Haveli have already become parts of India and hereby recognises the full sovereignty of India over these territories with effect from the dates when they became parts of India under the Constitution of India.

Article I
Diplomatic relations between India and Portugal will be resumed immediately.

Article III
The two Contracting Parties agree to settle through bilateral negotiations all questions between them including those concerning the property, assets or claims of citizens of their respective countries, as well as questions concerning the State property and assets of either State in the territories of the other State.

The two Parties also agree to settle through bilateral negotiations rights and claims of Indian citizens and other persons who had to return to India from territories under Portuguese administration concerning their property and assets:

Article IV
A Cultural Agreement between India and Portugal will be concluded as soon as possible. The Contracting Parties agree to take steps to develop contacts in the cultural field and in particular in the promotion of the Portuguese language and culture and the presentation
of historical and religious monuments in Goa, Daman, Diu, Dadra and Nagar Haveli.

Article V
Portugal agrees in principle to return to India all archives, records, papers, documents and other materials relating mainly to the territories mentioned in Article I including those which may have been transferred to any place outside these territories. Similarly, India agrees in principle to transfer to Portugal all archives, records, papers, documents and other materials which may be maintained within the territories mentioned in Article I and which do not relate mainly to these territories.
The modalities of their return, mutual access, supply of copies and consultation will be settled through diplomatic channels.

Article VI
Minister of Foreign Affairs Any question of interpretation or application of this Treaty shall be resolved between the two countries through bilateral negotiations.

Article VII
The present Treaty shall be subject to ratification and shall enter into force on the date of exchange of instruments of ratification which shall take place at Lisbon.

IN WITNESS WHEREOF, the respective Plenipotentiaries have signed this Treaty and affixed thereto their seals.

DONE in duplicate at New Delhi this the 3lst day of December 1974 in Hindi, Portugese and English languages, all texts being equally authentic.

For the Republic of India
Sd/-
Y.B. CHAVAN
For the Republic of Portugal
Sd/-
Dr. MARID SOARES

EXCHANGE OF LETTERS

MINISTERlO DOS NEGOCIOS ESTRANGEIROS
Lisbon,; l4th March, 1975

EXCELLENCY,

I have the honour to acknowledge the receipt of your Note of today's date, the contents of which read as follows :

"EXCELLENCY,

I have the honour to refer to Article V of the Treaty between India and Portugal on recognition of India's sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters, which was signed in New Delhi on the 3lst December 1974.

In so far as the archives, records, papers, documents and other materials originating in the territories mentioned in Article I of the Treaty and other territories in India are concerned, they may be retained in India even if they relate to other Portuguese territories. Conversely, archives, records, papers, documents, and other materials originating in Portugal may be retained by Portugal even if they relate to the territories mentioned in
Article I of the Treaty and other territories in India.

This principle will enable both India and Portugal to maintain the organic unity of their respective archives as well as to protect the interests of historical research and science.

I shall be grateful if you will kindly confirm that the above sets out correctly the understanding reached between our two Governments and that Article V of the Treaty thus stands modified to the extent of this understanding. ;

Accept, Excellency, the assurance of my highest consideration”.

I wish to confirm that the aforementioned Note sets out correctly the understanding reached between our two Governments and that Article V of the Treaty accordingly stands modified.

Accept, Excellency, the assurances of my highest consideration.

Sd/-
DR. MARID SOARS
Minister for Foreign Affairs of Portugal

His EXCELLENCY Y. B. CHAVAN
Minister for Foreign Affairs of
the Republic of India
New Delhi INDIA

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