Table of Contents in the Asian Legal Encyclopedia
Historical Treaties and Diplomatic Agreements in South Asia
Treaties and Agreements relating to Afghanistan
For Treaties and Agreements relating to Afghanistan, see here.
Treaties and Agreements relating to Burma
For Treaties and Agreements relating to Burma, see here.
Treaties and Agreements relating to Jammu and Kashmir
Treaty between Maharaja Gulab Singh and the Government of India, 16 March 1846
TREATY between the BRITISH GOVERNMENT on the one part and MAHARAJAH GULAB SING of JUMMOO on the other, concluded on the part of the BRITISH GOVERNMENT by FREDERICK CURRIE, ESQUIRE, and BREVET-MAJOR HENRY MONTGOMERY LAWRENCE, acting under the orders of the RIGHT HONOURABLE SIR HENRY HARDINGE, G.C.B., one of HER BRITANNIC MAJESTY’S MOST HONOURABLE PRIVY COUNCIL, GOVERNOR-GENERAL, appointed by the HONOURABLE COMPANY to direct and control all their affairs in the EAST INDIES, and by MAHARAJAH GULAB SING in person, 1846.
The British Government transfers and makes over for ever, in independent possession, to Maharajah Gulab Sing and the heirs male of his body, all the hilly or mountainous country, with its dependencies, situated to the eastward of the river Indus and westward of the river Ravee, including Chumba, and excluding Lahul, being part of the territories ceded to the British Government by the Lahore State, according to the provisions of Article IV of the Treaty of Lahore, dated 9th March 1846.
The eastern boundary of the tract transferred by the foregoing Article to Maharajah Gulab Sing shall be laid down by Commissioners appointed by the British Government and Maharajah Gulab Sing respectively for that purpose, and shall be defined in a separate Engagement after survey.
In consideration of the transfer made to him and his heirs by the provisions of the foregoing Articles, Maharajah Gulab Sing will pay to the British Government the sum of seventy-five lakhs of Rupees (Nanukshahee), fifty lakhs to be paid on ratification of this Treaty, and twenty-five lakhs on or before the first October of the current year, A.D. 1846.
The limits of the territories of Maharajah Gulab Sing shall not be at any time changed without the concurrence of the British Government.
Maharajah Gulab Sing will refer to the arbitration of the British Government any disputes or questions that may arise between himself and the Government of Lahore or any other neighbouring State, and will abide by the decision of the British Government.
Maharajah Gulab Sing engages for himself and heirs to join, with the whole of his Military Force, the British troops, when employed within the hills, or in the territories adjoining his possessions.
Maharajah Gulab Sing engages never to take or retain in his service, any British subject, nor the subject of any European or American State, without the consent of the British Government.
Maharajah Gulab Sing engages to respect, in regard to the territory transferred to him, the provisions of Articles V, VI, and VII of the separate Engagement between the British Government and the Lahore Durbar, dated March 11th, 1846.
The British Government will give its aid to Maharajah Gulab Sing in protecting his territories from eternal enemies.
Maharajah Gulab Sing acknowledges the supremacy of the British Government, and will in token of such supremacy present annually to the British Government one horse, twelve perfect shawl goats of approved breed (six male and six female), and three pairs of Cashmere shawls.
This Treaty, consisting of ten articles, has been this day settled by Frederick Currie, Esquire, and Brevet-Major Henry Montgomery Lawrence, acting under the directions of the Right Honourable Sir Henry Hardinge, G.C.B.., Governor-General, on the part of the British Government, and by Maharajah Gulab Sing in person; and the said Treaty has been this day ratified by the seal of the Right Honourable Sir Henry Hardinge, G.C.B., Governor-General.
Done at Umritsar, the sixteenth day of March, in the year of our Lord one thousand eight hundred and forty-six, corresponding with the seventeenth day of Rubbee-ool-awul 1262 Hijree.
H. M. LAWRENCE.
By order of the Right Honourable the Governor-General of India.
Secretary to the Government of India, with the Governor-General.
Treaties and Agreements relating to Nepal
Treaty of Commerce between the East India Company and the Government of Nepal, l March 1792
Treaty authenticated under the seal of Maha Rajah Run Behauder Shah Behauder Shemshere Jung; being accordingly to the Treaty transmitted by Mr. Jonathan Duncan, the Resident at Benares, on the part of Right Honourable Charles, Earl Cornwallis, K.G, Governor-General in Council and empowered by the said authority to conclude a Treaty of Commerce with the said Maha Rajah, and to settle and fix the duties payable by the subjects of the respective States of the Honourable English Company and those of Nepaul, the said gentleman charging himself with whatever relates to the duties thus to be parable b the subjects of the Nepaul Government to that of the Company; in like manner as hath the aforesaid Maha Rajah, with whatever regards the duties thus to be payable by the subjects of the Company’s Government to that of Nepaul; and the Treaty having been delivered to me (the said Maha Rajah) by Mowlavy Abdul Kadir Khan, the aforesaid gentleman’s vakeel, or agent; this counterpart thereof having been written by the Nepaul Government, hath been committed to the said Khan, as hereunder detailed:
Inasmuch as an attention to the general welfare, and to the ease and satisfaction of the merchants and traders, tends equally to the reputation of the admistrators of both Governments of the Company and of Nepaul; it is therefore agreed and stipulated, that 2 1/2 per cent. shall reciprocally be taken, as duty on the imports from both countries; such duties to be levied on the amount of the invoices of the foods which the merchants shall have along with them; and to deter the said traders from exhibiting false invoices, the seal of the customs houses of both countries shall be impressed on the back of the said invoices, and copy thereof then being kept, the original shall be restored to the merchants; and in cases where the merchants shall not have along with him his original invoice, the custom house officers shall, in such instance, lay down the duty of 2 1/2 cent. on a valuation according to the market price.
The opposite stations hereunder specified, within the frontiers of each country are fixed for the duties to he levied, at which place the traders are to pay the same; and after having once paid duties and receiving a rowannah thereon, no other or further duty shall be payable throughout each country or dominion respectively.
Whoever among the officers on either side shall exceed in his demands for, or exaction of duty, the rate here specified, shall be exemplarily punished by the government to which he belongs, so as effectually to deter others from like offences.
In the case of theft or robberies happening on the goods of the merchants, the Foujedar, or officer of the place, shall advising his superiors or Government thereof speedily cause the zamindars and proprietors of the spot to make good the value, which is in all cases, without fail, to be so made good to the merchants.
In cases where in either country any oppression or violence be committed on any merchant, the officers of country wherein this may happen shall, without delay, hear and inquire into the complaints of the persons thus aggrieved, and doing them justice, bring the offenders to punishment.
When the merchants of either country, having paid the established duty, shall have transported their goods into the dominions of one or the other State if such goods be sold within such State, it is well: but if such goods not meeting with sale, and that the said merchants be desirous to transport their said goods to any other country beyond the limits of either of the respective States included in the Treaty, the subjects and officers of these latter shall not take thereon any other or further duty than the fixed one levied at the first entry; and are not to exact double duties but are to allow such goods to depart in all safety without opposition.
This Treaty shall be of full force and validity in respect to the present and future rulers of both Governments, and, being considered on both sides as a Commercial Treaty and a basis of concord between the two States, is to be, at all times, observed and acted upon in times to come, for the public advantage and the increase of friendship.
On the 5th of Rejeb, 1206 of the Hegira, and 1199 of the Fussellee style, agreeing with the 1st of March 1792 of the Christian, and with the 22nd of Phagun 1848 of the Sunbut Aera, two Treaties, to one tenor, were written for both the contracting parties, who have mutually engaged that from the 3rd Bysack 1849 of the Sunbut Aera, the officers of both States shall, in pursuance of the strictest orders of both Governments, immediately carry into effect and observe the stipulations aforesaid, and not wait for any further or new direction.
Treaties and Agreements relating to Sikkim
For Treaties and Agreements relating to Sikkim, see here.