Preliminary Objection of the Government of India

2.PRELIMINARYOBJECTION OF THE
GOVERNMENT OF INDIA

Introduction

I.The Goiwmment of the Republic of Portugal, having filed
an,4pplication on 22 December 1955 ,ubmitted to theInternational
Court of Justice in June 1956 a Memorial in which it asked the
hurt :
11)To adjudge and declare
(tx)that Portugal has a right of passage through the territos.

of India in order to ensure communications between its terri-
tory of Damào (coastal Damgo) and its enclaved territories of
Dadra and Nagar Aveli;
(b) that this right comprises the transit of persons and goods,
as weUasthe passage of representatives of the authorities and of
med forces necessary to ensure the full exercise of Portuguese
sovereignty in the territories in question.
(21To adjudge and declare
(fi)that the Govemment of India must respect that right;

(h) tliat it 11iust thcrcforc abstain 'froin anact capable of
hanipcring or impccling its cxcrcisc;
(clthat ncithcr may it allovrsuch acts to he cnrried out cin
itsterritoy.
(3)To adjndge and declare that the Guver~irne~iLof India
hu acted and conl:inuesi.act:ci:itilr;irytr, .Illeobligations recallcd
above.

{.F-h cal1upon the Government of Tnciiatu ~iil;eientltritliis
unla~rhl stateuf ;iffaim
2. In a letter dateii:ruNovemtier 1956 ,sking forthrexterisiun
of the tirne-limit fixed for the delivery of its Counter-Memorial, the
Governent of India informed the Court that it had the intention
ta raise a preliminary objection to the Court's jurisdiction to en-
tertain the above-mentioned Application of the Government of
Portugal, and ta do so on more than one ground. The Government
of India no>% h-as the honour to file, in conformity with Artic62
of the Rdes of Court, the six preliminary objections to.the Court's
juridiction which are formu1ati:d and justified in its present
pleading. Since the proceedings on the merits, under paragraph 3
of -4rticle6z of the Rules of Court, are suspended on the filingg8 PRELIMIXARY OBJECTION OF INDIA (IV 57)

of a preliminary objection, the Government of India wiii refrain
at the present time from filing a Counter-Memorial notwithstand-
ing Article 41, paragraph 2, of the Rules of Court and the Order
of the Court dated 27 November 1956.
3. In the present pleading the Government of India wiii in

general deaI with the matters of fact and of law asserted in the
Portuguese Memorial only so far as may be neceçsary for the
formulation and justification of its preliminary objection to the
Court's jurisdiction. At the same time itemphasizes thatthe Memo-
rial contains a number of allegations of fact and propositions of
law which it considers to be incorrect and it reserves the right
to reply to them at any future stage of the proceedings.

4. The Government of India deems it necessary, however, to
correct at the outset certain rnisrepresentations of fact in Section
"D" of Part 1 of the Mernorial, in order that the Court may be in
a position to view the present dispute in its true perspective. It
therefore prefaces its Prelirninary Objection with a brief historical
and factuaI statement.

5. The incursion of the European powers into India had never
been acquiesced in by the Indian people and in the 19th century
there was a great resurgence of the national spirit. A distinct
movement was then started by the intelligentsia for national
unity, self-government and emancipation from foreign rule, though
the most active and intense phase of this movernent oiily began
in 1920 under the leadership of Mahatma Gandhi. From 1920
onwards the movement ceased to be confined to the educated
classes, spreading to the masses of India. It adopted non-violence

as "an article of faith", and Satyagralza (civil disobedience) as
the means for achieving nationaI liberation. According to Mahatma
Gandhi foreign domination was to be overcome not by force of
arms but by the united moral force of the people. The na tion won
its freedom when in 1947 the British voluntarily withdrew from
India and when afterwards, as a result of negotiations with the
independent Government of India, the French also withdrew from
their settlements in 1950 and 1954.

6. The Portuguese gained a foothold in India in the 16th century
with fire and sword. The Bull of 4 May 1493 of Pope Alexander VI
ttvided the world between Spain and Portugal and gave Portugal
excIusive domain and sovereignty" over al1discovered and undis-
covered lands in the East which did not already beIong to a Chris-
tian powerl. The Portuguese believed that this authority from the
Church sanctioned acts of violence against those who did not fol-
low the "true" religion. On the high seas they intercepted, captured
and destroyed vessels belonging to the oriental powers. On land

l The textof this13ulwillbefuundatCivillCàaltolic6,tSeries18Gj,Vol. 1,
p. 665;andat F. C. Danvers, TPorlugtceinIndia,London,1894,Vol.II,p.483.

I PRELIMINARY OBJECTION OF INDIA (IV 57) 99
they followed a policy of sack aiid massacre. In 1530 and again
in 1534 the tom of Daman was burnt to the ground. Diu, the
third possession of the Portuguese inndia, was acquired by them
from the Sultan of Gujerat by duplicity and deceit. The conquests
were followedby the terrors of forced conversions and the Inquisi-

tion.The repressive conduct of the Portuguese in India is testified
to by alihistorians, not excluding their own great historian Oli-
veira hlartins (1844-iSg4), their great poet and philosopher, Antero
de Qtiental (1842-18gr),and a writer of genius, Eça de Queiros
(1845-1899) (Annex A. No. 1.1
7. It is, therefore, not surprising that Portugal's holcl on its
possessions in India waç always opposed by the people, or that
there is a long history of revolts and rebellions against the Portu-
guese. The first major revolt toolr place i1654 and was led by
a Roman Catholic priest calied Castro, who had the support of
a large number of Hindus. In 1787 came the famous "conspiracy"
of the Pintos. This was also led and organized by priests. In 1812,
1823 and 1824, there were minor uprisings and a more serious '
rebellion in 1835. In 1869 there took place the Custoba Revolt.
The Ranes of Satari revolted about 12times, their major revolts
having taken place in 1852, 1855, 1857, 1871, 1895 and 1912. In
1871 and 1895 the Ranes were joined by the "native" garrisons.

Al1 these revolts were suppressed ~vith the utrnost severity, and
in 1912 the power of the Ranes was finally broken, the pick of
their youth being deported to Africa.
8. According to a Portugue~~e official publication (Anuario
Estatistico,x951) the population of the Portuguese possessions in
x951 was 637,591. Of these 388,488 were Hindus, and 234,275
were Christian Th.e rest tarereMuslirns, Parsees, Jews andBud-
dhists. Thus the Hindus totalied 60.9 per cent. of the population.
The mother tongue of the inhabitants of Goa (ordinarily called
"Goans"), both Hindus and Christians, is Konkani, an Indian
language spoken in the State of :Bombay. Konkani, like Marathi
and Gujerati, is derived from Maghadi Prakrit, an off-shoot from
Sanskrit. In Daman and Diu the language generally spoken is
Gujerati, which is another regional Ianguage of the State ofBombay.
The Hindus of Goa are in every respect identical with the Hindus.
of Maharashtra (part of the State of Bombay). Large numbers,
of Hindus fled from Goa at the tirneof the Inquisition and settled

on the boundaries outside Goa. Those outside Goa and inside
Goa form one single community, and intermarry freely. Many
Christians aIso left Goa and settled on its outskirts, namely the
districts of Kanara and Belgaum (in the State of Bombay) and
Mangalore (in the State of Mysore). There are 234,275 Christians
in Goa and over 8 million in the rest of India.
g. Traditiondy, Goans have tieen treated in India ori a par
with the rest of the population, and they have found respectedIO0 PRELIMINARY OBJECTION OF INDIA (IV 57)

places in Government service and in public life. They have been
Mayors of Bombay, -judges of the High Courts, civil servants,
army officers, professors, lawyers, doctors, etc. There are in India
about I jo,oûû Goans, a number equd approximately to a fourth
of Goa's population. The majority, about 80,000, reside in Bombay.

Al1 Goan students who go in for higher education appear for the
Matriculation examination of the University of Bombay, there
being na facilities for university education in Goa. The economy
of the Portuguese possessions in India isIargely based on the
remittances sent from India by the resident Goan population in
India.

IO. Long before 1947 ,here developed in the Portuguese posses-
sions no less than in British India and in the French settlements
the movement for self-determination. In 1928 a Goan Cornmittee
of the India National Congress was founded in Margao, in Goa,
by an engineer called Dr. Tristao Braganza Cunha. In 1933 Portugal
enacted the Colonial Act, Article 2 of which reads:-

"It bclongs to the organic essence of the Portuguese nation
to fulfithe historic mission of possessing and colonizing overseas
dominions and of civilizing the native population which are com-
pressed therein, by using also the moral influencewhich is granted
to them by the Padroado of the East." l

The arrogance of the Colonial Act was publicly denounced by
Goans, in Bombay and in Goa, .including a distinguished Goan
liberal, Mr. Meneses Braganza.

II. In the Portuguese possessions in India there were then, and
still are, no civil liberties. There waç and still is no freedom of
expression or açsembly. Permission of the authorities is required
before any social function or religious ceremony can be held.
Newspapers are censored. Even advertisements, cdendars and
invitation cards are subject to official censorship. In March 1946,
a "Goan Political Conference" was held at Bombay by Goans

from Goa and from (then British) India. This Conference issued
a manifesto which took note of the principles of democracy and
of self-determination solemnly recognized by the British Govern-
ment, and of the electionç which were being held in India for a
Constitution-making body, and it demanded the immediate grant
of civiI liberties by the Portuguese Government in India. The
manifesto said: "We are assured of the support of Our brothers

The Portuguesc Constitutioof 1933and the Colonial Act oftht:same year
continued and confirmed the infcrior statof Portugal'soverseas possessions.
Article3 ofthe Colonial Act described al1 the overpossessions of Portugal as
colonies forrning the "PortuguColonial Empire". In 195~. Law X2048describ-
ed the colonies as "provinceof PortugalOn the basis of Law No. 2066 of 1953.
This Statute did not in fact change the colonial sthePortuguese possessions
in India. PRELIMINARY OBJECTION OF INDIA (IV 57) 101

in British India with whom we align ourselves in demancling free-
dom for Ourcommon motherland," (Annex A. No. 2.) In the same
month at a general meeting of the Goa Congress Committee held
in Bombay a resolution was unanirnously passed calling upon the
Portuguese "to leave the shores of Goa, Damaun and Diu so that
we can achieve our destiny in common with the rest of India".
(Annex A. No. 3.) Shortly afterwards the people of Goa welcomed
a 1eader.of the Indian National Movernent, and when he was pre-
vented from addressing a meeting in Goa, subjected to indignities
and deported to British India, there began in Goa an open cam-

paign for civil liberties. In a famous letter of 18 Ju1946, concern-
ing the deportation of the Indian leader, Mahatma Gandhi wrote
to the Portuguese Govemor-General, Mr. Jose Bossa: "... He has
commanded my admiration for his having gone to Goa and put
his finger on its bIack spot. Inhabitants of Goa cm afford to wait
for independence, until much greater India has regained it ...
Your description of him as 'stranger' would excite laughter, if
itwas not so tragic. Surely the truth is that the Portuguese coming
from Portugal are strangers ..."(Annex A. No. 4.) The campaign
for civil liberties, emancipation from foreign rule and union ~vith
the motherland developed on Gartdhian lines. It came to be known
as the "Jai Hind" movement and took the form of mass civil

disobedience, non-cooperation with governmental activities,
boycott, and peaceful agitation. Throughout Goa people held
meetings to demand civil liberties. These meetings were broken
up by the Portuguese police and military with considerable violence.
Between June and November 1944 about 1,500 Goans were arrested
by the Portuguese Government. They were held in detention
without trial for long periods and subjected to severe beatings.
The leaders were charged with treason, sentenced to long terms
of irnprisonment and deported 10 Portugal. These included Dr.
Tristao Braganza Cunha, Mr. Purshottam Kakodkar, Mr. Luxmi-
kant Bhembre, Dr. Rama Hegde and Mr. Ignacio de Loyola, all

of whom were sent to Peniche, an island prison off the coast of
Portugal. About eight prisoners were sent to Angola in Portuguese
Africa.
12. In 1947 ,he year of Indian independence, the Portuguese
Government took extreme measures to suppress the movement
for liberty and for unity with independent India. Several thousand
European and African troops were introduced by the Portuguese
Government for this purposel. In the circumstances, the Goan
struggle went underground, and rnany Goans fled to India. Inside
Goa the rnovement for independence codd continue onIy in the
form of surreptitious distribution of literature, the posting of
patriotic bills, and the hoisting of the new flag of independent

1 According to informatircceived by the Governmentof India, the total
strength ofPortuguese armed forces in ttieir possessioin 1947was 861.
In 1949ithadrisen t3,443.andin 1954to 7.06~.102 PRELIMINARY OBJECTION OF INDIA (IV57)
India. This underground movement haç continued in Goa to the
present day.

13.In 1953 Captain Fernando da Costa Romba, the Chief of
Police of the Portuguese possessions, wrote to Mr. Francis Mascaren-
has, President of the United Front of Goans, at Bombay, inviting
him to Daman for discussions on the future of the Portuguese
possessions inIndia. Captain Romba said in the letter that he was
empowered by the Overseas Ministry at Lisbon to discuss allpolitical
problems regarding Goa, Daman and Diu. (Annex A, No. 5.)After
an exchange of four telegrams, and having received the necessary
assurances, Mr. blascarenhas, accompanied by Mr. UTaman Desai,
Secretary of the United Front of Goans, and a party of four, left
Bombay for Daman. At Daman they were received by the Acting
Governor. On 13 August 1953, at 3 a.m., an agreement was signed.
However, as blr. Mascarenhas and his party were leaving the

building, they were suddenly arrested by the police in the presence
and at the orders of Captain Romba, and the signed documents
as well as other papers were seized from them. After three days
of detention and ill-treatment,Mr. Mascarenhaç and his party
were let off and conducted to the border.
14.In February 1954, Dr. Pundalik Gaitonde, an eminent sur-
geon, was arrested in Goa for having uttered at a private dinner
party the words "1 protest" in response to a statement made by.
a speaker that "Goa is Portugal". Within five days of arrest, and
without trial, Dr. Gaitonde was deported to Portugal. This incident
touched off a series of protest meetings throughout the country
which in turn led to the intensification of the liberation movement.
In a note of protest handed to the Portuguese Legation in New

Delhi on 15 hlarch 1954, the Government of India pointed out
that the "continuance of these repressive measures resulting in
the arrest and deportation of Goans for professing pro-Indian
sentiments is Iikely to haveerious repercussions in India". (Annex
A. No. 6.) The Portuguese Government, however, continued its
policy of repression and there was unprecedented tyranny and
terror throughout the Portuguese possessions. On 18 June 1954,
over 40 eminent Goans, advocates, doctors and professors were
arrested by the Portuguese Government. The arrests were accom-
panied by house searches and interrogation of numerous persons
throughout Goa. Many Goans, fearing arrest by the Portuguese
Government, sought asylum in India. News of these events spread
to the Goan community in Bombay and there was instant reaction.
The Goans of Bombay, led by the Goan National Congress,reaffirm-
ed their faith in non-violence and decided to bring about the
liberation of their homeland by adhering strictly to Gandhian
principles. Al1the Goan parties (the Goa National Congress, the
United Front of Goans, the Goan People's Party and the Azad
Gomantak Dal) formed an Action Cornmittee under the president- PRELIMINARY OBJECTION OF INDI.4(IV57) IO3

ship of Dr. Tristao 'Braganza Cunha. In July 1954, a manifesto
was issued by the Goan residents of Bombay calling upon Goans
at home and abroad to "free ourselves from the Portuguese rule
and to unite with India". (Annex A. No. 7.) On 15 Augtrst rg54,
small groups of peaceful, unarmed Goans, carrying the national
flag of India, entered Goa from lndian territory at several places,
in order to invite the punishment of the Portugiiese. Government
and thus ultimately to shame its conscience. These peaceful Satya-
grahis were rouncled up by the Portuguese police and military
and were beaten mercilessly, subjected to inhuman torture, detained
without legal justification,and finally on the strength of special
legislation were tried andsentenct:d to long terms of imprisonment.
Inside Goa the Satyagraha was oFfered at three places. An Indian

teâches in a school at Rlargao, Mr. Hemant Laxman Soman,
offered Satyagraha at Panjim and was beaten very violently, sub-
jected to indignities and detained tiU Decernber 1954, In spite
of brutal treatment at the hands of the Portuguese military and
police, the Satyngraha continued, and on entirely peaceful lines.
15. In July 1954, Mr. lllascarenhas and Mr. Waman Desai,

President and Secretary respectivelp of the United Front of Goans,
on whom 9n unscrupulous~dece~it~on had been practised by the
Portuguese local authorities (sec paragraph 13 above), enfered
the village of Dadra together with ten others. They were ~~7elcomed
by the local inhabitants who hoisted the flag of thc United Front
of Goans and the national flag of India. Soon after, members of the
Azad Gomantak Da1 (Organization of Pree Goans) and the Goan
People's Party, led by its leader;, Mr. Vishwanath Lavande and
Mr. George Vaz, entered Nagar Aveli. They met with no rcsistance,
the Portuguese Administrator of Dadra and Nagar Aveli and his
entire police force having left the administrative capitalSilvassa,
the previous day. After a few dajs this Portuguese Administrator,
Captain Virgilio Joao Fernandes Fidalgo, together with two police
officers and 150 men, requcsted permission to cross into Indian
territory. Permission was granted and they were allowed to bring
I
their arms with them and given every facility and comfort by the
Indian police as was later gcnerously acknowledged by the Por-
tuguese Legation.
16. The Goan liberators of Da.dra and Nagar Aveli set up an
independent adniinistration, ivith which to this day the Govern-
ment of India has no relations. In spite of repeated requests,

emanating from the inhabitants .of these territories as well as
from the Goans resident in India., that the Government of India
should rnerge the territories into the Indian Union, the Government
of India has not done so. The "Liberated Territory of Dadra and
Nagar Aveli" is administered by Dr. Antonio Furtado, a Goan
patriot, who was at one time Administrator of Cornmirnidades
and Judge of the Administrative Court of Panjim in Goa. ,In 1950,I"4 PRELIMINARY OBJECTION OF INDIA (IV 57)
the Portuguese Government, for purposes of publicity abroad,
brought pressure on him to sign a letter of protest against a state-

ment on Goa made by the Indian Prime Minister in Parliamenti
Dr. Furtado refused to do so, gave up his appointment and took
asylum in India. In a letter to the Governor-General, Dr. Furtado
said: "When you surnmoned me to your office and asked me the
reason of my not signing the protest against Pandit Nehru's
declaration, it was easy to foresee what the future held in store
for me. My frank answer that 1 was not against Portugal but that
I was aIso not against India and therefore found it hard to sign
it, irritated Your Excellency so much, that you ordered the Direct-
or of Civil Administration to immediately dismiss me from the
post of the Judge of the Administrative Court and Administrator
of the Village Communities, Your Excellency also let yourvindictive
intention transpire in the following terrible threat: 'The Minister
for Colonies will decide whether you shall go to Cabo Verde or
some other Colony' ...1 can understand tliat as a representative
of a colonial power Your Excellency should try to force me not
to be against the power you represent, but I could never allow

you to trample on rny birthright of being for India, in order that
the most beautiful sentiment, which is second only to God's will,
rnight not be defiled." (Annex A. No. 8.)
17. On 24 July 1954, the Legation of Portugal presented a note
to the Government of India in which it demanded "the grant of the
necessary transit facilities to the Portuguese armed forces and
authorities staying at Damao, to enable them to go to Dadra for
the purpose of re-establishing the order which haç been disrupted

and to drive out the invaders". (Annex A. No. g.) In a note of
28 July 1954 he Government of India pointed out to the Portuguese
Legation that they could not "permit the movement of foreign
troops and police on Indian soil, and they certainly cannot be
a party to the suppression of a genuine nationalist movement for
freedom from foreign rule in any part of the Portuguese establish-
ments in India". (Annex A. No. IO.)
18.The policy of the Government of India in relation to the
foreign establishments in India was already well known. In pur-

suance of this policy the Government of India had already entered
intofriendly negotiations with the French Government as a result
of which France made a de facto transfer to the Government of
India of Chandernagore on z May 1950,and of Pondicherry, Karikal,
Mahe and Yanam on I November 1954. The de jure transfer of
Chandernagore took place on g January 1952. A treaty formally
ceding to India the former French settlements of Pondicherry,
Karikd, Mahe ,and Yanam waç signed on 28 May 1956. Further,
the Government of India was firmin its adherence to the principle
of non-violence. While its objective was the withdralval of ail
foreign rulefrom India, it made it clear to al1 concerned that it PRELIlllINARY OBJECTION OF INDIA (IV 57) 105

would achieve this objective by peaceful means. In a staternent
made in Parliament on 2.5 August 1954, the Prime Minister of
lndia said: "The policy that we have pursued has been, even as in
India under British mle, one ofnon-violence, and we have fashioned
Our approach and conduct accordingly, This adherence to non-
violence rneans: (i) that we may not abandon or permit any dero-
gation of Our identification with the cause of our compatriots
under Portuguese rule ;and (ii)equally, we may not adopt, advocate
or deliberately bring about situations of violence." (Annex A.
No. II.)

19. On the other hand, since tg47 the Portuguese Government

had embarked on a policy of hostility towards independent India.
It had augmented its amed forces with several thousand European
and African troops. (See paragraph 12 above.) Further, the Portu-
guese Government refused the repeated overtures of the Govern-
ment of India for a peaceful and just solution through negotiation,
on the ground that "Goa was Portugal". Moreover, the Portuguese
Government had been the first to initiate the gradua1 breakdown
of good neighbourly relations between the two Governrnents on
which uras based the free and informa1 intercourse between the
two territories. From 1947 onwards the Portuguese Government
introduced restrictive and discrirriinatory legislation against Indian
nationals which affected the entry, residence, occupation and trade
of as many as zo,ooo Indian nationals resident in Goa.

20. A restrictive measure reguIating for the first time t.he entry
of Indians into Portuguese poçsessions in India waç prornulgated
in 1947, and required Indian nationals to report to the police
within 24 hours of arrival. (Tothis day Goans, othcr than Portuguese
officials and their families, are exempt from the provisions of
the Indian Law relating to registration of foreigncrs,) In 1950
the Portuguese Government decreed restrictions on the setting
up of commercial establishments by Indian nationals in the Por-
tuguese possessions in India. (To this day there are in India no
restrictions on Goans as regards trade, industry, employment,
etc.) In 1952 a measure intended to affect the resident Indian
population provided that no "foreigner" could rent accommoda-
tion without authorization of the Portuguese Government. In the
same year the authorization of the Portuguese Overseas Minister

at Lisbon was made cornpulsor~~in respect of transactions con-
nected with immovable property. The entry of Indian newspapers
and magazines was banned. Entry of Indian films was rcstricted,
and those that uTereaIlowed wt:re required to have Portuguese
sub-titles. Numerous administrative orders and regulations made
it difficult for Indian nationals tci continue in the Portuguese pos-
sessions with peace and honour. Often, they were subjected to
ill-treatment by the police. (Annex A. No. 12.) 106 PRELIMINARY OBJECTION OF INDIA (IV 57)

21. In view of the above itcould hardly have been expected
of the Government of India to allow to the Portuguese authorities
permission for passage of its armed forces across the sovereign
territory of India, and more especially when their purpose was
to subjugate, by force, people who had already freed themselves
from foreign rule.

22. It remains to emphasize that contrary to what is said in
the Portuguese Memorial at paragraph 35 the, Government of
India did not cut communications between Daman and Nagar
Aveli before its liberation theSatyagrahis, and in order to bring
about its liberation. The fact is that only a day before the libera-
tion of Dadra, that is, on 21 July 1954, the Governor of Daman
was permitted by the Government of India to visit Dadra and Nagar
Aveli and return to Daman.

23. Secondly, the Government of India did not, contrary to what
is alieged in the same paragraph, "deploy considerable armed
forces between Damâo and the enclaves, as well as around the
-enclavesH, nor were any trenches dug along the frontier. These
allegations are wholly unfounded. The facts are that early in1953
the Government of Bombay slightly augmented its police along
the border in order to deal with increased smuggling and illegal
traffic in the area. Smuggling, it may be added, has always been
a problem along the frontier of Daman, asappears again and again
in the correspondence between the British and Portuguese autho-
rities set out in Annex C to this Preliminary Objection.

24, In short, wliile the Portuguese Government in the Memorial
seeks to represent the case to the Court as one in which Portugal
is the victim of an unscrupulous disregard of international law
on the part of India, the facts are quite otherwise. The Govern-

ment of India in the delicate situation which has arisen with res-
pect to Daman and the enclaves has maintained a correct attitude,
while the Government of Portugal has much to answer for in its
'actions with respect to Daman and the enclaves, both recently
and in the past.

Glossary and Maps

Glossary The Fifth Preliminary Objection of the Government of
India contains references to a number of unfamiliar
Indian words and in order to assist the Court a Glossary
explaining these words is appended to this pleading at
Annex C. No. I. PRELIMINARY OBJECTlON OF INDIA (IV 57) IO7

Maps Tw-Omaps are enclosed in the pocket inside the back
cover of this Volume1, They are not intended to be
comprehensive maps of the areas concerned but have
been prepared only for Che purpose of indicating clearly
to the Court the places referred to in this pleading and

the annexed documents.

1 h'ot rcproduced[Nnfe by theRegisty/108 PRELIMINARY OBJECTION OF INDIA (IV 57)

First Objection

25. The First Objection of the Government of India is that
Portugal's Declaration, dated rg December 1955, by which she
purported to accept the compulsory jurisdiction of the Court
under Article 36, paragraph z, of the Statute of the Court, the
so-called Optional Clause, is wholly invalid by reason of the third
condition contained in the said DecIaration and that, in conse-
quence, the Portuguese Government, when it filed its Application
on 22 December 1955, was not entitled to invoke against India

the compulsory jurisdiction of the Court under the Optional Clause.

26. The relevant parts of the Portuguese Declaration, the full
Èext of which isgiven in Annex B. No, 1, are as folloars:-

"Under Article 36, paragraph 2, of the Statute of the Inter-
national Court of Justice, 1 declare on behalf of the Portuguese
Government that Portugal recognizes the jurisdiction of this Court
as compulsory ipso factowithout special agreement, as provided
for in the said paragrap2 of the Article 36 and under the following
conditions:

(3) The Portuguese Government reserves the right to exclude
from the scope of the present declaration, at any time during its
validity, any given category or categories of disputes, by noti-
fying the Secretary-General of the United Nations and with effect
from the moment of such notification."

The PortugueseGovernment 'intç Application filed on 22 Decem-
ber 1955 expressly claimed to found the jurisdiction of the Court
in the present case on the basis of this Declaration.

27. The Government of Sweden, in a Note dated 23 February
1956 (Annex B. No. z), made the following communication to the
Secretary-Generd of the United Nations with reference to the
third condition of the Portuguese Dedaration:-
"The Swedish Government is compelled to state that in its
opinion the cited condition in reality signifiesthat Portugal has not
bound itself to accept the jurisdiction of the Court with regard
to any dispute or any category of disputes. The condition nullifies
the obligation intended by the wording of Article 36, paragraph 2,
of the Statute where it is said that the recognition othe jurisdic-
tion of the Court shall be 'compulsory ipsofacto'. PRELlMINARY OBJECTION OF INDIA (IV 57) 109

For the stated reason, the Sw~dichGovernment must consider
the cit~d condition as incompatible with a recognition of the
'0pt.ional Clause' of the Statute of the International Court of
Justice.''

28. The Government of Portugal in a Note dated 5 July 1956
to the Secretary-General of the United Nations (Annex B. No. 3)
made the following reply to the objection taken by the Swedish
Government to the terms of the Portuguese 'Dec1aration:-
"In no way, indeed, does siib-paragraph (3) warrant the con-
clusion that the Portuguesc Government would be in a position to
withdraw from the jurisdiction of the Court any dispute, or category
of disputes, already referred to it, for it expressly States that the
reservation would only take effect from the date of its notification
to the Secretary-General of the Unitcd Nations. The Portuguese
DecIaration thus produces al1tIie effect provided foby Article36
as regards disputes referred to the Court prior toa possible noti-
fication. Hence, the interpretation of the Swedish Government is
not in accord with the facts.
This material flaw would suffice to enable further comment to
be dispensed with. Yet in ordes to show more clearly the absence
of any basis for such doubts as.to the validity of the Portuguese
Declaration it çhould be mentioned that the contents of sub-
paragraph (3) amount to no more than a form-attenuated be it
said-of the rcservation which several countries have in the past
invoked (without ever having thereby given rise to any objcctions),
of the right to abrogate at any time their declarations of acceptance.
In any case, the Court alone is competent to pronounce on the
validity of these declarations."

29. The Government of India shares the view of th? Swedish
Government that the thir.d condition of the Portuguese Declara-
tion is incompatible with a recognition of the Optional Clause of
the Statute of the Court. The Optiona1,Clause provides that States
parties to the Statute "may at any time declare that they recognize
as compulsory ifisofactoand withciut special agreement, in relation
to any other State accepting the same obligation, the jurisdiction
of the Court in al1 legai disputes", etc. Portugal, by the third con-
dition, reserves to herself the right at any moment during the

currency of the Declaration to change the'scope of her acceptance
of compulsory jurisdiction by notifying the Secretary-General that
a given category or given categories of disputes are to be excluded
from the Declaration and by the exercise of this reservation may
at any moment reduce her obliga.tion under the Optional Clause
to a vanishing point.

30.The Portuguese Governmerit in the above-quoted passage
from its Note of 5 July 1956, contests the Swedish proposition
that by reason of the third condition Portugal cannot be said to
have recognized the Court's jurisdiction with regard to any dispute

9II0 PRELIMINARY OBJECTION OF INDIA (IV 57)

or category of disputes. It says that under the express terms of
the third condition the exclusion of any category or categories
of disputes from Portugal's acceptance of jurisdiction would only
take effect from the date of notification to the Secretary-General.
On this bais, it argues that the Portuguese Declaration "produces
al1 the effectprovided forby the Optional Clause as regards dis-
putes referred to the Court prior to a possible notification". It
further argues that.the third condition of the Portuguese Decla-
ration is no more than an attenuated form of the reservation found
in the Declaration of several States whereby the right is reserved
to abrogate at any timetheir entire acceptances ofthe Court'sjuris-
diction under the Optional Clause.

31. The Portuguese arguments, in the view of the Government

of India, do not dispose of the objection taken by the Swedish
Government to the form of the Portuguese Declaration. Itis one
thing to reserve the right to terminate a Declaration sltogether ,
on notice to the Secretary-General; it is quite another thing to
reserve the right to alter the terms of a Declaration at will by
notice to the Secretary-General while still maintaining the Decla-
ration in existence against other States. In the former case, so
long as the Declaration remains in force, the categories of disputes
covered by it are fixed for the duration of the Declaration and
ascertainable by reference to the Declaration itself. In the latter
case, they are neither fixed for the duration of the Declaration,
nor ascertainable by reference to the Declaration alone. A Decla-
ration of this variable content graveIy undermines the protection
afforded to States adhering to the Optional Clause by the provision
that a Declaration is only to take effect "in relation to any other
State accepting the same obligationJJ. This provision, as the ira-
vazm pré$avatoires of the Optional Clause fully confirm, envisages

that each State shall fix in its Declaration the categories of legal
disputes to ivhich the Declaration applies and that any two States.
will be bound inter seto submit to compulsory jurisdiction only
in regard to those categories of disputes covered by both their
Declarations. The Portuguese form of Declaration is objectionable-
and incompatible with the Optional Clause because it leaves other
States in complete uncertainty from one moment to the next
as to what may be the "çame obligation" which exists between
them and Portugal under the Optional Clause. In this connection,
it is to be observed that paragraph 4 of Article 36 of the Statute
refers only to the deposit of Declarations with the Secretary--
General and requires the Secretary-General to transmit to the
Parties to the Statute and to the Registrar of the Court copies
only of DecEarations. Article 36 (4) does not, in short, appear to
contemplate at al1 that alterations should from time to time be
made in the content of Declarations under the Optional Clause
by notifications to the Secretary-General. PRELIMlNARY OBJECTION OF INDIA (IV 57) III

32. It is beside the point to Say, as the Portuguese Government
says, thatunder the express terms of the third condition the reser-
vation of any given category of disputes from the Portuguese
Declaration urould only take effect from the date of its notification
to the Secretary-General. States which adhere to the Optional
Clause are entitled to expect a 1:easonable degree of certainty in
regard to the obligations imposed on them by the Declarations of
other States. Furthermore, quite apart from the fact that the Secre-
tary-General is not under any express statutory duty to transmit
the notification to other Parties to the Statute, there will be an
inevitabletime-lag between Portugal's alteration of her obligations
under the Optional Clause and thi: receipt by other States of notice
of that alteration. During this interval any other State will have
a quite different understanding from that of Portugal as to the
categories of legal disputes which the two States are lnutually
bound to submit to the Court in virtue of their Declarations under

the Optional Clause.
33. Nor is it possible to overlook the fact that the Portuguese
reservation is open to the interpretation that Portugal reserved
to herself the right at any tirfito exclude frorn her Declaration
any given category of dispute with the fJur+ose of witlzd~awing
altogetherfront the Coztrt,as from the date ofthe notification to'the
Secretary-Generai, any dispute faliing within that category. A
reservation having that effect, in the view of the Government of
India, u-ould not only render the professed acceptance of compul-
sory jurisdiction illusory but would also be incompatible with
Article 36 (6of the Statute, under xvhichit is for the Court to decide
disputes as to its jurisdiction. Portugal, afterthe validity of her

Declaration had been challenged by Sweden, made a communica-
tion to the Secretary-General disclaiming that the meaning of
her reservation is that it empowers her to withdraw from the Court
a case already submitted to it. Tlie Government of India submits,
however, that it is impossibletciattach any weight to a subse-
quent interpretation of her own Declaration given by Portugal
six months after the original Declaration was made and at a time
when she had already filed with the Court an Application whose
validity $vaswholly dependent on the Portuguese reservation
being interpreted in the manner çuggested by Portugal. The Inere
fact that the Portuguese Government felt compelled to take the
unusual course of explaining the meaning which it wished to be
attached to its Declaration is confirmation of the ambiguous and
equivocal nature of the Portuguese adherence to the Optional Clause
in December 1955 w,hen Portugal fïledher Application against India.

34. The Government of India, for the reaçons given in para-
graphs 29 to 33 above, submits:112 PRELIMINARY OBJECTION OF INDIA (IV57)

(1)That the third condition of the Portuguese Declaration
of rg December 1955 is incompatible with the provisions of the
Optional Clause of the Statute of the Court, with the result
that the said Declaration is totally invalid as a recognition of
the compulsorj~jurisdiction of the Court under that clause;
(2)That the Portuguese Application of 22 December 1955,
since it is expressed to found the jurisdiction of the Court in the
present case upon the said Declaration, was ineffedive to establish
the compu~sory jurisdiction of the Court under the Optional

Clause ;and
(3)That, in consequence, the Court is w*ithoutjurisdiction to
entertain the said Application.

SecondObjection

35. The Second Objection of the Government of India is that,
when the Portuguese Government filed its Application on 22 De-
cember 1955,the Portuguese Declaration under the Optionai Clause,
even if it isassurned to be valid, had not been communicated to
the, Government of India with the result that the conditions

necessary to entitle Portugal to invoke against India the juris-
diction of the Court under the Optional Clause did not exist at
al1at that date.

36. On 28 February 1940, the Government of India made a
Declaration accepting the compulsory jurisdiction of the Court
under the Optional Clause for a period of five years and theresfter
until such time as notice of termination should be given. (Aiinex
B. No. 4.)This Declaration which wàs still in force in December

1955, when the Portuguese Government filed itç Application in
the present case, provjded expressly that India had accepted
cornpulsory jurisdiction under the Optional Clause only "on con-
dition of reciprocity".
37. On 19 December 1955, the Portuguese representative to
the United Nations made a Declaration on behalf ofthe Portuguese
Government purporting to accept compulsory jurisdiction under
the Optional Clause, and deposited the Dedaration with the Secre-
tary-General of the United Nations. (Annex B. Nos. I and 5.)
Apparently, however, it was only on the following day, zo Decem-

ber 1955, that the instrument conferring on him full powers to
make the Declaration was executed by the Portuguese Government
in Lisbon (Annex B. No. 6), and it was only on the ~1st December
that the full powers were received by the Secretary-General.
(Annex B. No. 5.)Next day, that is on22 December, the Portuguese
Goveniment filcd an Application with the Court, instituting the
present proceedings against India. The filing of the Portuguese PRELIMINARY OBJECTION OF INDIA (IV57) II3
Application, as the Government of India understands, was the
first intimation to the Court of a Declaration having been made
by Portugal accepting the Optional Clause, and it waç not until

five further daysad elapsed that a copy of the Portuguese Decla-
ration reached the Court. (Annex B. No. 7.)

38. Similarly, a telegram sent. by the Court on 23 December
1955 n,otifying the Government of India of the Ming of the Por-
tuguese Application on the previous day, was the first intimation
which the Goverilment of India received'of the fact that Portugal
had made a Declaration under .the Optional Clause. It was also
the first intimation which the Government of India received of
Portugal's intention to institute proceedings before the Court
against India. At no time previously did the Portuguese Govem-
ment make any kind of proposal or suggestion that the dispute
should be referred to the Court. Nor did the Portuguese Govern-
ment even have the courtesy to inform the Government of India
on 22 December 1955 that an Application had been filed against
India on that day.

39. On the morning of 24 Decernber 1955, the day befoi-eChrist-
mas and the day following the Government of India's receipt of
the telegram from the Court, the Government of India telegraphed
to its Embassy at The Hague and to its Permanent Mission to the
United Nations in New York, asking for the text of Portugal's
Declaration. A repIy \vas received from the Indian blission in New
York on Christmas Day, saying that the United Nations offices

were closed, and that a senior official of the Secretariat who had
been contacted in the country did not think that thetPortuguese
DecIaration had yet reached the Secretary-General. (Annex B.
No. 8.) On 27 Uecember a telegram reached the Goverriment of
India from its Embassy at The Hague, stating that the Court
had received the text of the Portuguese Declaration that very
day, and that a copy was being obtained and dispatched by air- I
mail. (Annex B. No. 7.) On 28 Ileccmber 1955 another copy waç
obtained in New York by the Indian Mission to the United Nations, '
and this copy also was dispatched by airmail to India. (Annex B.
No. 9.) On 30 Decernber 1955, the Government of India received
in New Delhi acopy of the Portuguese Declaration which had been
obtained'from the Court by its Ernbassy at The Hague. 011 12 Jan-
uary 1956 the Government of India, in acknowledging receipt
of a letter transmittinga copy of the Portuguese Application,
informed the Court that it proporjed to lodge a Preliminary Objec-
tion to the Court's jurisdiction with respect to the Portuguese
Application. (AnnexB. No. IO.) Finally, on 19 January 1956,
the text of the Portuguese Declaration was officially transmitted
to the Government of India by the Secretary-General in cornpliance
with Article 36, paragraph 4, of the Statute. (Annex B. No. 5.)II4 PRELIMINARY OBJECTION OF INDIA (IV 57)

40. The principle that States have a right to be in a position

of compIete equality before the Court in regard to access to the
Court and to the Court's jurisdiction is fundamental. It finds
particular expression in Article 35, paragraph 2, of the Statute of
the Court, which expressly provides that the conditions laid down
by the Security Council under which States not Parties to the
Statute may have access to the Court shall in no case place the
parties in a position of inequaiity before the Court. It also finds
particular expression in Article 36, paragraph 2, which provides
that a Declaration under the Optional Clause is to have effect
only "in relation to any other State accepting the same obligatioli".
In the view of the Government of India, this vital principle is
manifestly infringed if a State, on making a Declaration under
the Optional Clause, is permitted immediately to file an Applica-
tion against the other States before the lapse of a sufficient time
to enable them to be apprised of the making of the Declaration.
EquaIity before the Court, if itis to be a real equality, must be
an equality in fact as well as in law.

41. Paragraph 4 of Article 36 expressly directs the Secretary-
General of the United Nations to transmit copies of al Declarations
under the Optional Clause not only to the Court, but also to all
the Parties to the Statute, The purpose of this provision presumably
is to protect the interests of al1 other Parties to the Statute, and
with this end in view, to insure that al1States which have accepted
the Optional Clause shall have an equal knowledge of the scope
both of their obligations and rights under the Optional Clause.
The contention of the Government of India is that a State which
files an Application without waiting for the brief period necessary
to allow Article 36, paragraph 4, to have its appropriate effects,
and without itself notifying its opponent of the fact that it had

made a Declaration under the Optional Clause, violates the prin-
ciple of the equality of States before the Court, and is for this
reason not entitled to rely upon the Application in question
before the Court.
42. The Government of India contends that this rule applies
a fortiori when the Declaration of the opponent State contains
an express condition of reciprocity, the sole purpose of which is
to make clear that the Court's compulsory jurisdiction under the
Optional Clause is accepted by the State concerned only on the
basis of a complete equality of rights and obligations between
itself and any other State adhering to the Optional Clause.

, 43. The Government of India further contends that, quite apart
from the principle of the equality of the Parties before the Coud,
the Optional Clause cannot be regarded as placing India under
any obligation towards Portugal until copies of Portugal's Decla- PRELIMINARY OBJECTION OF,INDIA (IV 57)
II5
~ation had been transmitted to the Parties to the Statute and to
the Registrar ,of the Court in accordance with Article 36, para-
graph4, of the Statute or at least until the lapse of the brief period
necessary to give theSecretary-General the possibiIity of commu-

nicating copies of the Declarati.on to Parties to the Statute and
to the Registrar ofthe Court. Tfie relation created between States
by adherence to the Optional Clause is a consensual relation in-
volving reciprocal rights and obligations. A State, by rnaking a
Declaration, not only imposes obligations but also confers sirnul-
taneous rights on other States. It is therefore essential to the
operation of this consensual relation that the contractual nexus
between any two States should only become effective in law when
the action ofthe Secretary-General of the United Nations under
Article 36, paragraph 4,of the Statute has had its appropriate
effects with respect to other States which have previously adhered
to the Optional Clause. This principle is of particular importance
with respect to a State againstwhich the State rnaking the decla-

ration already intends to file an Application. It is open to question
whether such a Declaration can be effective in law at al1 against
that other State.

44. The Portuguese Government, as appears from the facts
set out in paragraphs 37 to 39 a.bove, filed its Application in the
present dispute before either the Court or other Parties to the
Statute had been notified by the Secretary-General of Portugal's
Declaration accepting the Optional Clause, and without itself
taking any steps to bring that Cieclaration to the notice of India.
In these circurnstanceç the Government of India submits:
(1)That the filing of the Application in the present case by

the Portuguese Government on 22 December 1955 both violated
the principle of the equalityof States before the Court, and dis-
regarded the express condition of reciprocity contained in the
DecIaration of the Government of India;
(2)That the Portuguese Application of 22 December 1955
was therefore ineffective to establish the compulsory jurisdic-
tion of the Court under the Optional Clause; and

(3) That in consequence, the Court is without jurisdiction to
entertain the Portuguese Application of 22 December 1955.

ThirdObjection
45. The Third Objection of the ,Government of India is that

before the Government of Portilgal lodged its ,Application with
the Court on 22 December 1955, diplornatic negotiations had
not reached the point at which they could no longer be profitably
pursued.116 PRELIMINARY OBJECTION OF INDIA (IV 57)

46. For the detailed facts relevant to this Objection, the Court
is asked to refer to the facts set out in the Second and Fourth
Objections of the Government of India. The Portuguese Govern-

ment, having accepted the Optional Clause, immediately took the
case before the International Court of Justice. It did not condes-
cend to resume the diplomatic negotiations, previously begun
with the defendant State, and continue them to the point where
it was no longer profitable to pursue them. Nor, after having
become a Member of the United Nations and after having accepted
the compulsory jurisdiction of the Court, did it make any attempt
to negotiate before addressing to the Court its unilateral Applica-
tion on 22 December 1955. The last note in the diplomatic corre-
spondence is dated the 6th of August 1955, and the previous cor-
respondence did not indicate thatthe point had been reached when
it was no longer profitable to pursue the negotiations. It discussed
the questions in issue on a purely political basis. In order to bnng
the correspondence to a head, the Portuguese Government should

at least have outlined the legal daims which have now been made
before the Court. In fact, however, as already mentioned, no refer-
ence was ever made to the legal rights now claimed by Portugal.
After an interval of four and a half months, without any further
communication of any kind, the Portuguese Application was
addressed to the Court.

47. In every case which has been brought before the Court in
consequence of a unilateral Application, the applicant State has
undertaken diplomatic negotiations with the defendant State.
The reason is that under international law it is only after' diplo-
matic rnethods have been fully tried that the case can be brought
before the International Court. This opinion has been expressed
by the Court itself on various occasions, and especially in the case
of Mavrommatis (1924, Series A, No. 2,p. 15):

down that only disputes which cannot be settIed by ncgotiationsying
should be brought before it. It rccognizes, in fact, that before a
dispute can be made the subject of an action atlaw, its subject-
matter should have been clearly defined by means of diplornatic
negotiations. Nevertheless, in applying this rule, the Court cannot
disregard, among other considerations, the views of the States
concerned who are in the best position to judge as to political
reasons which may prevent settlement of a given dispute by diplo-
matic negotiations." . .

In an earlier passage the Court said (p. 13) :
"Negotiations do not of necessity always presuppose a more
or less lengthy series of noteand despatches; it may sufficethat a ' discussion shoiiId have been commenced, and the discussion may
have becn very short; this will be the casifa deadIock is reachcd,
oriffinallya point isreached at whichoneof the parties definitively
declares hirnself unable,orrefuses, to give way, and there can de
therefore riodoubt that the disliute cannot be settIed by diplomatic
negotiationç."

This point has also been discussed in other cases. Thelast authori-
tative statement was made by the International Court of Justice
in its Advisory Opinion regarding the Interpretation of the Peace
Treaties zeiitlzBzalgn~ia,Hzjtzgary and Rzmania (I.C. J. Reports
'9501 P. 74) :
"Whether there exists an international dispute is a rnatter of
objective deteuwzir~at...there has nrisen a situation in which the
two States hold clearly opposite views concerning the question of
the performance or non-performance of certain treaty obligations.
Confronted with such asituation, the Court must conclude that an
international dispute has ariseil."

Again in the Nottebohîn Case. second phase (1.C.J. Reports 1955,
pp. 4 ff.), GuatemaIa made a preliminary objection to the jurisdic-
tion of the Court on this ground. The Court did not find it neces-
sary to decide the point, because it upheld another preliminary
objection by Guatemala. However, it clearly appears from the
pleadings that tliere was no disagreement between the two States
on the main principle involved. This can be seen in the following
words of M. Sauser-Hall, Counsel for Liechtenstein: "1 accept
the clear statement of Me Rolin: '1accept willingly that when it is
shown that diplomatic negotiations cannot profitably be pursued,
one must consider that the condition is fuUy satisfie d'... (Totte-
bohm Case, I.C.J. Reports 1955, Pleadings, Oral Arguments, Do-
cuments, Vol. II, p. 305.)

48. The Govemment of India therefore contends that it is a ,
rule of customary international lilw that the filing of a unilateral
application must be preceded by a fulltrial of diplomatic negotia-
tions. The reason why customary law requires a State to under- I
take negotiationç and continue them until they can no longer
profitably be pursued is that States which accept the system of l
compulsory jurisdiction of the Court do not wish to be brought

before the Court without firçt having made every reasonable
effort to obtain a settlement through the diplornatic resources
avaiIable to them, or to be obliged to appear before the Court in
cases except those in which sett1em.entby negotiation is not possible.
It is for this reason that many treaties of compulsory jurisdiction
and arbitration contain an express condition that there should be
previous negotiations (see, for example, Article I of the Treaty
of Arbitration and Conciliation between Switzerland and Cermany
of 3 December 1921-"the contracting parties undertake to sub-
mit to the procedure of arbitration and conciliation disputes of118 PRELIlIIKARY OBJECTION OF INDIA (IV 57)
any description arising between them which cannot be settled by
diplomatic means within a reasonable time"). Even if there is
no such express condition, both doctrine and jurisprudence require
that diplomatic negotiations should be carried to the point where

they can no longer be profitably pursued before recourse is had
to the Court. (Tnstitute of International Law, discussion on the
mode1 clause of compulsory jurisdiction-Annuaire, i952, Vol. 1,
pp. 462ff.;seealso Annuaire, 1954, Vol. 1,pp. 310 ff;seealso Notte-
dohm Case, 1.C.J. Reports 1955, Pleadings, Oral Argumerits, Docu-
ments, Vol. 1, Counter-Rlemorial, p. 186; and Kaasik, La clause
des négociationsdiplomatiques dans Eedroit infernafional positifet
dansla jztrisprztdencede la Cour permanente deJustice internationale,
R. D. 1. L. C. 1933, pp. 62 ff.)
49. The Government of India contends that Portugal has not
complied with the above-mentioned ruIe of customary international
law. She did not sec fit to negotiate on a legal basis with India the
question of the right of passage either before or after accepting the

compulsory jurisdiction of the Court. She made her Application
immediately and regardless of the obligation arising, as has been
shown, from customaryinternational law. The fact that theGovern-
ment of Portugal launched its legal proceedings immediately after
adhering to the Optional Clause is in itself confirmation that it had
no intention of pursuing the diplornatic negotiations to their proper
conclusion. In order to bring the diplomatic negotiations to a head
and in order to put thernselves in a position to make a valid appli-
cation to the Court, the Government of Portugal should at least
have outlined and communicated to the Govemment of India the
,claims which they now make. In the circumstances of the present
case, it is not open to Portugal, while violating the rule which
requires previous recourse to diplomatic negotiations, to assert
that such negotiations must have been useless. The onus of proving
that such negotiations would have been useless must rest with
Portugal. In view of the long interval between the last note (that
of 6 August 1955)~and the Application to the Court, and the extra-
ordinary haste with which that Application was referred to the
Court after her acceptance of the Optional Clause, Portugal cannot

'give any such proof.

50. Accordingly, the Government of India submits:
(1) That customary international law required Portugal,
before filing an Application in the present case, to undertake
diplomatic negotiations and to continue them to the point wherc

it waç no longer profitable to pursue them ;
(2) That Portugal in filing her Application in the present
case did not comply with the above-mentioned rule of customary
international law because: PRELIMINARY OBJECTION OF INDIA (IV 57) II9

(a) she filed her Application on 22 December 1955 without
ever previously having giveri to India the slightest indication
that she made any such claims to legal rights of pas'age as
she has since forrnulated in the Mernorial; and
(b) she fiIedher Application on22 December 1955imrnediately
. after making her Declaration accepting the Optional Clause, '

. and only shortly after becoming a Member of the United
Nations, without attempting to pursue her diplornatic nego-
tiations with India in the new situation created by the change in
the legal relationsofthe Parties brought about by these events;
.(3) That when Portugal filecl her Application in the present
case on 22 December 1955, there was not any legal dispute
between the Parties, and, in addition, Portugal had not fulfilled
the essentialcondition for the invoking of the Court's cornpulsory

jucsdiction under the Optional Clause; and
(4)That, in consequence, tlie Court is without jurisdiction
to entertain the said Application.

Fourth Objection

51. The Fourth Objection of the Governrnent of India is that,
having regard to the third condition in the Portuguese Declaration,
and having regard, first ,to the 1:ondition of reciprocity inherent
in the Optional Clause, and, secondly, to the condition of reciprocity
expressly stipulated in India's Declaration, the Government of
Portugal was debarred from invoking the jurisdiction of the Court
under the Optional Clause befori: the communication of the text
of the Portuguese Declaration to the Government of India.

52. The third condition of the Portuguese Declaration of 19 De-
cember 1955, to which the Court's attention has already been
drawn in paragraph 26 above, rt:ads as fo1lows:-

"The Portuguese Govcrnment reserves the right to exclude
from the scope of the present declaration,at any time during its
validity, anygiven category or categories of disputesby notifying
the Secretary-General of the Uiîited Nations and with effect from
the moment of such notification."
The Portuguese Government, as appears from paragraphs 37

-and 38 above, filed its AppIication so soon after making its Decla-
ration under the Optional Clause that the Government of India
neither knew nor had any means of knowing that the Portuguese
Declaration contained the above restriction.

53. A State adhering to the Optional Clause, by the very words
of the Clause, recognizes the compulsory jurisdiction of the Court,120 PRELIMINARY OBJECTION OF INDIA (IV 57)

"in relation to any other State accepting the same obligation".
Opinion is unanimous that the words "in relation to any other
State accepting the same obligation" have the effect of conferring
upon each Party to the Optional Clause as against any other Party
a right to invoke reciprocally in itç own favour, any condition,
reservation or limitation contained in the other Party's Declaration.
That this is the effect of those words is put beyond doubt by deci-
sions of the Court itself, notably in the case of the Phosphates in
Morocco(1938, Series A/B No. 74 atp. 221,and in the case of the
Electricity Company ofSofia and Bulgaria (1939, Series A/B No. 77
at p. 81). In the latter case, between Belgium and Bulgaria, the
Permanent Court of International Justice said, with reference

to a limitation ratione temfioris in Belgium's Declaration:
"Although this limitation does not appear in the Bulgarian
Governmcnt's own declaration, it is cornmonground that in conse-
quence ofthe condition of reciprocity laid down in paragrap2 of
Article 36 of the Court's Statute and repeated in the BuIgarian
declaration, it is applicable between the Parties."

Judges Anzilotti (at p. 87), Urrutia (at p. IO^), Van Eysinga
(at p. 1091,and Hudson (at p. rzz),although dissenting from the
decision of thc Court on the whole case, took the same view as
the Court on this point.
54. Applying the principle of these decisions to the present
case, itiç clear that under the terrns of the Optional Clause, Por-
tugal's Declaration of 19 December 1955 could have effect in
relation to India only on the basis that India, equally with Por-
tugal, was entitled to rely upon the three conditions contained
in the Portuguese Declaration, and in particular, to rely upon

the third condition.
55. The fact that IndiaJç Declaration, by which she accepted the
Optional Clause, was made expressly on condition of reciprocity,
provides an additional and special ground for applying to the present
case the principle laid down in the above-mentioned decisions of
the Court.

56. The Government of Portugal, by the third condition in

the Portuguese Declaration, reserved to itself the right,ntany tirne,
to exclude from the scope of Portugal's acceptance of compulsory
jurisdiction any given category or categoriesof disputes by mere
notification to the Secretary-General of the United Nations. The
whole purpose of this condition uTas to empower Portugal to
exclude from the scope of her acceptance of compulsory jurisdic-
tion any given category of disputes, at any time, so as to defeat
any application to the Court with respect to a dispute falling in
the excluded category. The principle of reciprocity enshrined in122 PRELIhfINARY OBJECTION OF INDIA (IV 57)

Declaration, to exercise the power to make reservations contained
in the third condition of the Portuguese Declaration ;
(2)That the filing of the Application in the present case on
22 December 1955 ,aving regard to the terms of the Portuguese
third condition, was an abuse of the Optional Clause and of the
procedure of the Court ;

(3)That for each andboth of the above reasons the Portuguese
Application of 22 December 1955 was ineffective to establish
the compulsory jurisdiction of the Court under the Optional
Clause ;and
(4) That in consequence the Court is without jurisdiction to
entertain the Portuguese Application of 22 December 1955.

Fifth Objection

59. The Fifth Objection of the Government of India is that in
the Declaration of 28 February 1940 by which it adhered to the
Optional Clause of the Statute of the Court, it expressly excepted
from India's acceptance of compuIsory jurisdiction al1 "disputes
with regard to questions which by international law fa11exclu-
sively within the jurisdiction of India", and that the dispute which
is the subject-matter of the Portuguese Application falls within
the terms of this exception.

60. The subject-matter of the Portuguese Application is a claim
that Portugal possesses a right of passage through the territory
of India in order to ensure communications between the territory
of Daman and the enclaves of Dadra and Nagar Aveli, and that
this right extends to the transit of persons and goods as well as
of representatives of the Portuguese authorities and armed forces.
61. The regulation and control of the passage of persons and
goods across Indian territory, as appears from the authorities

cited in paragraphs 16x to 168 below, are matters which in principle
international law leaves within the sole discretion and exclusive
jurisdiction of India. Accordingly, in this Preliminary Objection
the burden is manifestly upon Portugal to establish grounds for
holding that the present dispute is one covered by the terms of
India's Declaration under the Optional Clause, notwithstanding
the express exclusion from it of disputes with regard to questions
which by international law fall exclusively within India's juris-
diction.
62. In paragraph 43 of the Mernorial, the Portuguese Govern-
ment has based its alleged right on the following grounds:

(1)treaty;
(2) custom;
(3) general pnnciples of law. PRELIMINARY OBJECTION OF INDIA (IV57) , 123

The Government of India can only suppose that, in filing a
unilateral Application in the present case on the basis of India's
acceptance of the Optional Claiise, the Portuguese Government
relied on the same grounds for the purpose of contending that the
dispute is not one with regard ta question which by international
Iaw falls exclusively within the jurisdiction of India.
63, In Part 1 of the Memorial, the Portuguese Government, in

an attempt to provide support for the grounds of claim stated in
paragraph 58, has set out a number of alleged historical facts
which are said to establish that ever since1779 Portugal has pos-
sessed and continually enjoyed an international right of passage
for persons and goods over Indian territory between Daman and
the enclaves. This account of the historical facts. in the view of
the Government of India, is highly selective and cornpletely
misrepresents the position which actually obtained in regard to
the passage of persons and goods over the Indian territory in
question during successive periodç between 1779 and 22 December
1955, the date of the filing of the Portuguese Application. In its
letter to the Court dated ro November 1956, the Government of
India, in applying for an extension of time for the delivery of its
pleading, has previously had occasion to draw attention to the
paucity of the evidence adduced by the Portuguese Government
in support of itsclaim to a customary right of passage on the basis
of uninterrupted user since the year 1785. The Government of

India then observed that the number of historical documents
relating to the status of the enclaves and to the passage of personç
and goods between them and Daman is very large, and pointed
out that, although Article 43 of the Rules of Court requires the
applicant party to annex to its Memorial "copies of al1 the relevant
documents", the Portuguese Government has annexed to the
Memorial no more than 54 documt:nts, ofwhich all but seven relate
to two comparativeIy brief periotls. The two periods in question
are the first nineteen years from 1779 and the five years imme-
diately preceding the filing of the Portuguese Application, while
the long period of a century and a half between 1798 and 1949
is covered by a mere seven carefully chosen documents. Niimerous
highly relevant documents relating to this long period have been
omitted from the Portuguese pleading, and among these documents
isthe important Anglo-Portuguese Treaty of Commerce and Extra-
dition of 26 December 1878. The insufficiency of the evidence
adduced by the Government of Portugal in its &fernorial is a11

the more surprising since, as previously stated, the burden of
proof in the present case is manifestly upon Portugal.
64. In deciding this Preliminary Objection to jurisdiction the
Court is not called on to reach a final conclusioii on the rneriof
the Portuguese claim. Its task is only to determine whether on a
summary view of the facts and the law sufficient grounds have124 PRBLIMIXARY OBJECTION OF INDIA (IV 57)

been established by Portugal for holding that the matters in issue
are not matters which by international law fa11exclusivély within
the jurisdiction of India. Similarly, at this stage of the proceedings
the Government of India is not called upon to deal with al1 the
facts relating to the merits of the Portugueseclaim. It is concerned
only to show that, on a summary view of the evidence submitted
in the Memorial, the historical facts relied upon by the Portuguese
Government afford no sufficient bssis for holding that on 22 De-
cember 1955, the date of the filing of the Portugueçe Application,
the passage of persons and goods over Indian territory between
Daman and the enclaves was not prima facie a matter exclusively
within the jurisdiction of India. AccordingIy, the Governrnent of

India will not in this pleading present to the Court methodically
and completely al1 the evidence in its possession relating to the
merits of the Portuguese claim. It will present only such evi-
dence as may be relevant and necessary to correct the Portuguese
version of the historical matters dealt with in the Memorial and to
put beyond doubt that on 22 December 1955 the passage of per-
çons and goods over Indian territory between Daman and the en-
claves was a question within the sole discretion and exclusive
jurisdiction of India.

The Maratha Period (1774-1818)
65. The Government of India, after making a careful study of
the historical material available in the various archives, does not
consider that the events of the Rlaratha period have very much

bearing on the legal position today in regard to the passage of
Portuguese persons and goods between Daman and the enclaves,
or on the question of jurisdiction, which is the question now before
the Court. These events are relevant for the purpose of showing
how aird when the Portuguese came to have an interest in the
enclaves, and for the purpose of showing how and when the British
came to be in possession of the territory lying between Daman
and the enclaves. They are also relevant as showing that the grants
obtained by the Portuguese from the Marathas with respect to
the enclaves urere essentially grants of revenue, and that the
Portuguese titles to these grants were revocable titles, terminable
at the will of the Maratha ruler. Othenvise, the events of the
Maratha period are not of any significance in regard to the questions
in issue before the Court. The reason is that in 1818, the British

annexed tlie Maratha territories, and, as appears from paragraphs
91 to 94 below, from the first took the position that any hlaratha
treaties, decrees or grants from which the Portuguese might
pretend to derive rights of passage had no legal force or effect as
between the Portuguese and the British. Furthermore, they also
from the first, and consistently afterwards, took the position that
passage over British Indian territory between Daman and the
enclaves was a matter exclusively within the jurisdiction of the PRELIMINARY OBJECTION OF IKDIA (IV 57) Iz5

British Indian Government. As a result, the Maratha treaties,
decrees or grants, from which Portugal now seeks to derive alleged
rights of passage, are manifestly for dl legal purposes dead and
extinct and have long been so. Accordingly, the Government
of India does not propose in the present Objection to (iwel at
length on the events of the Maratha period, or to go into the
elaborate law reIating to the grants made by the Marathas to
the Yortuguese. It will confine itself in the following paragraphs
to demonstrating that the grants obtained by the Poi-tuguese
from the Marathas were grants of revenue and that the titles
obtained by the Portuguese wert: revocable titIes, terminable at
the will of the Maratha ruler. .

66. In its Application institutiiig proceedings against India on
22 December 1955, the Portuguese Governrnent alleged a "treaty
concluded between Portugal and the sovereign of Punem in the
year 1779" as the source of a right of passage over Indian territory
(paragraphs 7 and 21 (A) of the Application). In paragraphs IO
to 16 rif its Memorial, the Portuguese Governrnent allegeclthat it
acquired sovereignty over the Maratha territory of Dadra and

Nagar Aveli, under the Treaty of 1779, "thus acquiring iPso facto
the right of access toit asan indispensable condition to the exercise
of her sovereignty". Kesearches conducted by the Government of
India in the contcmporary papers of the Marathas show quite
clearly that, contrary to what is alleged by Portugal, the Marathas
did not, under the Treaty of 1779, or under any other instrument,
cede their territories of Dadra and Nagar Aveli to the Portuguese.
Al1 that happened iinder the Treaty of 1779 and the connected
instruments \vas that an annual grant of Rs. 12,000 was made
to the Portuguese for maintaining friendIy relations with the
Maratha Govërnment of Poona, and for this purpose, so long as
the consideration of friendshjp held good, the revenue yield of
certain villages, which continued to be under Maratha sovereignty, I
was assigned to the Portuguese irt a tenure known as Saranjarnl.
1
It is not the intention of the Government of India to go into the
complex legal and administrative system of the Marathas. However, i
in order to correct the entirely 4:rroneous account given in the
Portuguese Memorial of the intent, purpose and effect of the
Treaty of 1779, it would be necessary to use certain terms of the
Maratha legal and administrative system. In ordcr to assist the
Court, these terms will be explained briefly in the text and in
greater detail in a Glossary at Annex C. No. I.

67. The Treaty of 1779 does not anywhere deal with passage
between Daman and the enclaves of Dadra and Nagar Aveli.
(Annex C. Nos. 2,3, 4, 5.) ArticlesI,2, 3, 8and 9 established the
principle of friendly relations between the Maratha and the Por-

1 See paragrap71 below.126 PRELIMINARY OBJECTION OF INDIA (IV57)

tuguese fleets when they met at sea. Article 16 provided for the
return of ships wrecked on the coast of the other and for shelter
to ships in distress. Article18 provided for compensation for the
goods of a Portuguese frigate captured by the Maratha fleet.
Article 7 dealt with entry, subject to payment of customs duties,

of merchandise brought by the trading craft of the other. Under
Articles Ir, 12 and 13, the parties undertook not to grant asylum
to traitors, not to aid the enemies of the other and not to take
advantage of the military weakness of the other. Articles 4 and
14 deaIt with the return of slaves and deçerters. Article 5 dealt
with the non-renewal of past disputes, and Article 6 provided
for the settlement of future difficulties by negotiations through
the Portuguese envoy at the Poona Court. Article 15 prohibited
the Portugiiese from building fortifications in the territory of the
Marathas and obligedfhem to allow $assage tothe Marathas throzkgh

Portugztese porls. (If the Treaty of 1779 were alive and in force
between Portugal and India, it is obvious that India would have
the right of passage to Tndian territory through Portuguese ports
and harbours in Diu, Daman and Goa.) Article 17 dealt with the
assignment by the Marathas of an annual grant of Rs. 12,000 in
consideration of Portuguese friendship with the Poona Court.

68. The origin ofthe Treaty of 1779 lay in the confiict between
the Maratha and the Portuguese fleets on the Indian seas and in
the civil war which broke out among the Marathas in 1774. In

1774, Camara, Governor and Captain-General of Goa, deputed
hi$ envoy, Narayan Vithal Dhume, to the Poona Court for the
ostensible purpose of opening negotiations relating to cornpensa-
tion for Portuguese vessels destroyed or captured by the Maratha
fleet. Later, the envoy also offered on behalf of the Portuguese to
abandon the cause of the dissident Maratha chief, Dada Saheb
Raghoba, in favour of the rightful Maratha ruler, PeshwlRajeshri
Madhav Rao Pandit Pradhan, in consideration of a monetary
compensation of Rs. 12,000 per annum. Various drafts and memo-
randa were followed by a Portuguese Treaty, in the Portuguese

language, executed by Camara at Goa on 4 May 1779. (Annex C.
No. 2.)This was followed by the Maratha Treaty, in the Marathi
language, and executed by the Maratha ruler, Peshwa Rajeshri
Madhav Rao Pandit Pradhan, at Poona, on 17 December 1779.
(Annex C. No. 3.) The Portuguese Treaty was thereupon confirmed
by Camara's successor, De Souza, on Ir January 1780. (Annex C.
No. 2.) The Maratha Treaty was translated into Portuguese by the
officia1translator to the Portuguese Government at Goa, Anant
Kamodi Wagh, on 6 January 1780. (Annex C. No. 4; and Annex I
to the Portuguese Memorial,) The papers of the Marathas have

The Peshwawas inname the Chief hlinister of the MarathaofSatara.
In fact hewas theMaratha rulerand thehead of the Maratha Confederation.
His capitawas at Poona. PRELIMINARY OBJECTION OF INDIA (IV57)
I27
also revealed a Marathi translation of the Portuguese Treaty of
q May 1779 ,s confirmed on II January 1780. (Annex C. No. 5.)
It appears that this translation was carried out by Narayan Vithal

Dhume, the Portuguese envoy at the Poona Court. Thus, it \vil1
be seen that there were two treaties-the Portuguese Treaty
executed by the Portuguese in the Portuguese language, and the
Maratha Treaty executed by the Rlarathas inthe Marathi language;
and that both these treaties were translated into the other language
by two Portuguese officiais, nannely, Anant Kamodi Wagh, the
officia1translater to the Portuguese Government, and Narayan
VithaI Dhume, the Portuguese envoy at the Poona. Court. If the

four texts-the two treaties and the two contemporary transla-
tions-are kept side by çide, it emerges that (a) the two treaties
differed in the text, and (b} what purported to be a contemporary
translation of, for example, the Maratha Treaty waç in fact not
a translation at all, but a repetition of the text of the Portuguese
Treaty with certain alterations. That is,Anant Kamodi Wagh and
Narayan Vithal Dhume, both belonging to the same community,
both Portuguese agents, probably in collusion with each other,
presented to the Portuguese Governrnent an altered text of the

Portuguese Treaty as a Portuguese translation of the Maratha
Treaty, and to the Maratha Governrnent an altered text of the
Maratha Treaty as a Marathi translation of the Portuguese Treaty.

69. The Government of India would wish to observe tliat Por-
tugal has not annexed to its Merriorial the text of the Portuguese
Treaty, nor has it annexed a modern transIation of the Maratha
Treaty. AU it has annexed as the Treaty of 1779 is a French trans-
lation from Anant Kamodi Wagli's mistranslation in Portuguese
of the Maratha Treaty (see Annex I to the Portuguese Mernorial;

and paragraph 68 above).
70. A reading ofmodem transkhtions1 of the Portuguese Treaty,
the Maratha Trcaty, and Narayan Vithal Dhume's translation

of the Portuguese Treaty would make it abundantly clear that
under Article 17 of the Treaty, the Marathas did not intend to
grant to the Portuguese anything more than the annual revenue
of Rs. 12,000 from villages within the sovereignty of the Marathas:

Portuguese Treaty : Article 17.
"As the Majestic State has evinced the greatest friendship
towards this Sarkar8,as proved by the Attorney, Pandit Pradha*
kas agreedto make a contributionin Daman of 12,000 rüpees starting
fvom this yesr thro~gh his Damtzn jurisdidion by virtue of which

1 The Governmentof India hahad the treaties translinto English directiy
from theoriginal teAl1translationquoted in the text of the Preliminary Objec-
tion or given in the Annexes, unless indicated to the chave been made
directly from the original.
3 Thatis,the Maratha Governmentof Poona. See GlossaztAnnex C.No. 1..128 PRELIMINARY OBJECTION OF INDIA (IV 57)
he shall specifically giveto the State the Sanad1 orthe confirmatory
order of the villages." (Annex C. No. 2.)

Maratha Treaty : Article 17.

"Narayan Vithal Dhume conveyed assurances that the Firan-
geeZhad cvinced friendly sentiments towards the Sarkar and would
in future be more friendly. In response, it is agreed thut villages
yiel~lingrevenue of tmelve thousalzd rztpees where theauthority of the
Sarkar is z6hnfieded would be assigned towards Darnatr from the
curretntyear. The Firangee will ~notraise any lmarat in the snme.
Such villages will be specified." (Annex C. No. 3.)

Narayan Vithal Dhume's Marathi translation of the Portuguese
Treaty: Article 17.
"The Firangee State entertains friendly sentiments towards
Pandit Pradhan; the envoy conveyed assurances. Therefore it is
agreed tliat the Pandit Pradhan should assigw towards Daman /rom

the cztrrelztyear Jagir ofthe revenue of twelve thozasafidrzspeesin
P~a.nt Daman. Accordingly n sariad listing the villages be given
to the Firangec State by making a separate agreement:." (Annex
C. No. 5.)
71. It will be noticed that Narayan Vithal Dhume's transla-

tion expressly used the word Jugtr. Saranjam or Jagir (the two
terms being interchangeable, Saranjam being the Maratha equi-
valent of the Moghul term Jagir) was the temporary assignment
by a Sovereign grantor of a share of the public revenue from villages
or lands. A Saranjam \vas neither transferable nor hereditary. It
was enjoyed at the pleasure of the Sovereign and was terminable
at any time. This tenure is well-known in India and originated

in the Moghul times when it was known asJagr. In Maratha country
it \vas known as Saranjam. The revocable nature of the grant
known as Saranjam or Jagir was consistently stressed by the
British Government which did, in fact, "resume" many saranjams
and jagirs. There is considerable jurisprudence on the subject and
it appears clearly fromnumerous decisjons of British Indian Courts
and of the Judicial Cornmittee of the Privy Council that a Saranjam

was (a) a grant only of the royal share of revenue, and unless
expressly provided for did not give property in the soil, and (b) in
either case, the grant was revocable at the pleasure of the Govern-
ment. The British Government made several rules and regulations
for terrnination of saranjams or jagirs. Section 38 of the Bombay
Regulation 7 of 1827 provided that a Jagir' was liable to resump-
tion at the pleasure of the Government. This principle was repeated

in Section I (3) of the Bombay Regulation 6 of 1833, and in the

h Sanad is an order or a command issued by asovereign authorityand in
that sense an instrument oa charter. See Giossdry at AnneC. Nu. r.
2 Maratha term for Portuguese.See Glossary üt Annex C. No. I.
Ko. 1.eaning building structure,iortificatioetc.See.Glo'sary ;tt Annex C. PRELIMINARY OBJECTION OF INDIA (IV57) 129

, Saranjam Rules of 1898. In Daztlatrao v. Province of Bombay
(49 Bombay Law Reports (1947)~p. 270) the full hench of the
Bombay High Coilrt described these Rules as rules of convenience
onIy. It observed that "the whole structure ofthe Saranjam tenure
is founded in the sovereign right, which can only be changed by
conquest or treaty. So founded, jagirs or saranjams, with the
feudal incidents connected with them, are granted or withheId at
the will or pleasure of the sovereign power, and, if granted, the
fixity of the tenureis always subject to interruption or revocation
by resumption, be it ternporary or absolute in character." Under
the Bombay Saranjam Rules, 1052, al1 saranjams were resumed
by the Government with effect from I November 1952.

72. The nature of the interest granted by the Marathas to the
Portuguese is further brought out in the negotiations leading to
the Treaty, the hlaratha documents relating to the grant, and the
subsecluent conduct of the Parties. A Maratha memorandum of
1776 on the Portuguese draft of 1775 of the proposed treaty con-

tained the following additional clause:-
"The Sarkar and the Firangee entered into friendship. There-
forethe Firanget: should be assigneclvillages othe total revenue
yicld of Rs. 15,000useful toDaman. Caveshould betaRefithatafter
theassignmentthe azcthorityof th(:Sarkar will with lzoobslrz~ction.
AccordingIywithout interruption of Sarkar's authoritytht:y should
be assig~iedImarat shoiild noi: be erectcd ivillages sograntcd.
According to this, agreement be made." (Annex C. No. 6.)
It has already been seen abovt: (see paragraph 70) that Arti-

cle 17 of the Maratha Treaty spoke of the assignment "from the
current year" of villages of the revenue yield of Rs. 'IZ,OOO, and
it also provided that no Imarat u-ould be raised by the Portuguese
in such villages.
73. On 19 December 1779 twci days after the execution of the

treaty by the Marathas, the memorandum of the Poona Court
directed the issue of sanads or cirders for the implementation of
the treaty. Among other things, the memorandum directed the
issue of a sanad to the Subedar of Bassein that he should select
villages adjoining Daman of the total revenue of Rs. ~z,ooo for
the Portuguese and of the total revenue of Rs. 3,000 for the Por-
tuguese envoy, Narayan Vithal Dhumc. (Annex C.No. 7.)In accord-
ance with the above resolution, sanads were issued to the Subedar
of Bassein, on IO February 1780 in respect of the revenue grant
to the Portuguese, and on II February 1780 in respect of the
revenue grant to the Portuguese envoy. The relevarit Marathi
documents are entitled: "Saranjam to the Firangee of Goa."
(Annex C. No. 8.)

74. In compliance with the above sanads, the Subedar of Bassein
selected from Pargana KhaIsdi Pawadi (a district contiguous to'Daman) nine villages of the total revenue of Rs. 1z,o15 for the
Portuguese and two villages of the total revenue of Rç. 3,000 for
the Portuguese envoy, Narayan Vithal Dhurne. (Annex C. No. g.)

75. An entry in theday book of the Peshwa made on 3 June 1780
reproduced the sanad issued on 31 May 1780. This said:
"Therefore from these villages excluding Sarkar's Watansl
and Zakat therest of theright ofshare in therevenue has bee~ so
made ovev to the Firangee that it may reverton the termination of
the grant. Revenue of these villages may be shown on the debit

side in the accounts of the Prant Construction of Imarat in the
villageshould not be pcrmitted. Sanad to Visaji Keshav accordingly.
Sanad to Mukadams4 ofnine villages to the effectthat tliey should
make themselves amenable to the Firangee and pay him tlie revenue
ofsaid villages exclusive of Sarkar's Watans and Lakat. Agreement
has becn made that no Imarat isto be raised in the said villages.
Thercfore no Imarat may be permitted to be raised.". (Annex C.
No. IO.)
' 76. A memorandum of the Peshwa's Court of 3 June 1780 gave

the details of the grant; enumerated the revenue which could' be
collected by the Portuguese, such as land revenue, house tax,
fowl tax, cart tax, vegetable tax, profession tax, etc.; reserved
the Watans of Ueshmukh 5, Deshpande 5, Kulkarni and Patel 5,as
well asthe Zakat, for the Maratha State; and it described the grant
as Dzjmala. (Annex C. No. II.) Dumala signifies the reversionary
nature of a grant. It describes a revenue grant made for service,

or through favour, subject to resumption at pleasure. (See GIossary
at Annex C. No. 1.) The memorandum shows clearly that the Por-
tuguese were to be granted a terminable right of collecting certain
revenues; that certain dues were to be reserved for the Maratha
government ; that the Portuguese were not to raise any building
in the assigned villages; and that there was no question of sovereign-
ty being granted to the Portuguese over any part of Maratha terri-

tory.
77. However, as a resuIt of military activity on the part of the
British in the districts surrounding Daman, the grant of revenue
villages from Pargana Khaladi Pawadi, contiguous to Daman,
could not be made, and no assignment was made for three years

after the execution of the Treatv. A memorandum of the Poona
Court of 30 January 1783explainid the circumstances and directed
the selection of new villages of thetotal value of Rs. 12,000. (Annex
C. No. 12.) An identical memorandum was made the same day

lDues attached to hereditaroffices. See Glossary at Annex C. NoI.
Transit dutieç and taxes on markeproduce, etc. See Glossary at Annex C.
No. 1.
Province.
1 Village headmen chargedwithcollection of revenuSeeGlossary at Annex C.
No. 1.
See Glossary at Annex C. Xo. I. PRELIMINARY OBJECTION OF INDIA (IV57) I3I

in respect of the grant to the Portuguese envoy, Narayan Vithal
Dhume. (Annex C. No. 13.) In accordance with the above resolu-
tions sanads appear to have bei:n issued by the Peshwa to the
Subedars of Bassein. (Annex C. Nos. 14 and 15.)

78. Although Pargana Khalaili Pawadi was then free from
British occupation or military activity, itwas nonetheless decided
to assign revenue villages away from Daman, in Pargana Nagar
Aveli. In1783, the entire Mahal1, that is, the revenue ofthedistrict,
except that of six villages of Pargana Nagar AveIi, was assigned
to the Portuguese. The Maratha Government reserved the Zakat
of the entire Pargana of Nagar Aveli to themselves. (Annex C.

No. 16.)The documents again make it clear that what was assigned
was the mal~al of the Pargana 2 and not the Pargana itself. The
word mahal refers not to territory but to a grouping of villages
for revenue purposes.
79. That the grant intended in Article 17 of the Treaty of 1779
was of a fiscal nature is clearly confirmed by the fact that, for the

three years that the revenue-villages could not be assigned, the
Marathas paid to the Portuguese equivalent compensation in cash.
A memorandum of the Peshwa's Court of I March 1784 suggests
that the arrears of cash compe~isations were compounded after
negotiations with the Portuguese envoy. (Annex C. No. 17.)
80. Further, the assignment in 1783 having proved to be short

of the annual yield of Rs. Ia,ooo, the Portuguese envoy made
representations to the Peshwa, and in consequence a frcsh assign-
ment was made in 1785. The revenues of six remaining villages of
the mahal of Pargana Nagar AveIi were assigned to the Portuguese.
In addition, the "Zakat of Pargana Nagar Aveli", that is tlie Zakat
of Dadra and Naroli, was also assigned. (Annex C.Nos. 18 and 24.)
(As will be seen below in paragraphs 83 and 84, the hlarathas
continued to reserve to themselves what was known aç "Ramnagar

Zakat".)
81. The fiscal character of the grant is further brought out in
the account papers of the Marathas, from the year 1783, when
the first assignment of villages was made, to the year 1818 when
the Marathas were conquered by the British. These papers describe
the mahal of Pargana Nagar Aveli as having been given to the

Portuguese in Saranjam, and show the amount annually realized
from the mahal as "Par Darbar Kharch Nisbat Firangee Goaekar",
that is, "Expenditure on Foreign Affairs concerning the Portuguese
of Goa". (Annex C. Nos. 19, 20,::I.)Till the Marathas were over-
corne by the British, detailed accounts were maintained of the
mahal of Pargana Nagar Aveli by the local administrators of

l Mahal means in this connection a grouping of vforpurpose orevenue
asVarganat.also rneanProvince:aCdivision of terrifor administratipur-
poses, smallethanPrant. See Glossary at AnneC.No. I.132 PRELIMINARY OBJECTION OF INDIA (IV 57)

Taluka Bassein (Annex C. No. 21) of which Pargana Nagar Aveli
formed part, as well aç in the Peshwa Daftarl at Poona. (Annex C.
Nos. 19 and 20.) These documents show quite clearly that the
Pargana of Nagar Aveli continued to be within the sovereign
jurisdiction of the Marathas, and that al1the Marathas had granted
to the Portuguese was a Saranjam, that is a share of the public
revenue, the annual arnount being considered as expenditure on

friendly relations with the Portuguese.
82. On three occasions, mentioned below in paragraphs 8586 and
87, the Marathas exercised their sovereign rights and attached
the saranjam. They did this in order to settle the debts owed to
them by the Portuguese. These debts related to Ramnagar Zakat.

83. Pargana Nagar Avcli originally formed part of the territory
of the Raja of Ramnagar, later known as Dharampur. In the
early eighteenth century, the Rlarathas acquired the right to collect
Zakat in Pargana Nagar Aveli. This right came to be known as
Ramnagar Zakat because itwas acquired from the Raja of Ram-
nagar 2.(Annex C. No. 22.) For the collection of Rarnnagar Zakat

the Marathas set up posts inside as well as outside the Pargana.
(Annex C. Nos. 23 and 24.) In 1759 the Marathas acquired Pargana
Nagar Aveli from the Raja of Ramnagar, together with al1 the
rights therein. (Annex C. No. 25.)After acquiring the Pargana the
Marathas established Zakat posts at Dadra and Naroli. Zakat
collected at Dadra and Naroli was known as Zakat of Pargana
Nagar Aveli in contradistinction to the older Ramnagar Zakat
which continued to be known by that name. (Annex C. No. 24.)

84. After the assignment of the remaining six villages of the
mahal of Pargana Nagar Aveli, and the Zakat, that is the Zakat
of Dadra and Naroli, in 1785 (see paragraph Bo), Ramnagar Zakat
continued to be reserved to the Maratha Government. (Annex C.
No. 24.) This was collected at the posts inside the Pargana from
al1including the Portuguese.

: 85. There urere occasions when the Portuguese either failed to
pay Ramnagar Zakat to the Rlarathas or themselves collected and
appropriated Ramnagar Zakat due to the Maratha Government.
In 1792, the Zakat contractor of the Marathas complained of an
instance of such unauthorized collection. The emissary of the
Portuguese accepted the position that the Portuguese had no right

to Ramnagar Zakat and agreed to refund to the Maratha Govern-
ment the unauthorized coIIection. However, the amount was never
paid. (Annex C. No. 24.) A Maratha account paper shows that in
1794, the Portuguese having wrongly and forcibly colected Ram-
nagar Zakat to the extent of Rs. 3929, it was decided to recover

The Central Secretariof thePeshwa.
towards the maintenanceoftherMarathaastrongholof Ghanibirgadjust outside
and south of Pargana Sagar Aveli. PRELIMINARY OBJECTION OF INDIA (IV57) I33

the arnount, if necessary by attiichment of the revenue assigned
to the Portuguese. (Annex C. No. 26.)Accordingly, the mahal of
Pargana Nagar Aveli was attacl-~edby the Maratha Gosrernment
in 1796197and a sum of Rs. 787.8.0 recovered. (Annex C. No. 27.)
86. The mahal of the Pargana was again attached in 1798 as a
reçult of a dispute over the collection of Zakat by the Portuguese
at Fatepur. However, the Portuguese having represented that
what they had collected was not Ramnagar Zakat but the ordinary
Zakat which had been assigncd to them in 1785, the attachment

was withdrawn. (Annex C. Nn. 28.)
87. From Annexes II and 13 to Portugal's Memorial and one
document found in the Maratha papers it appears that in April
1798 the Maratha Government, for reasons of budget, attached,
as a temporary measure, al1 its Saranjams, including the mahal
of Pargana Nagar Aveli. Attachment of the mahal of this Pargana
was withdrawn in the same yeai.. (Annex C. No. 29.)

88. The above three instances iinderline the precarious nature of
the interest granted to the Portugiiese and the fact that the Marathas
had no intention of parting with sovereignty over the Yargaria to
the Portuguese, and, in fact, did not do so. This is further borne out
by two documents which have been found among the Maratha
papers. One is a petition addressed to the Peshwa by the Zamin-
darsl of Pargana Nagar Aveli, complaining of the difficuIties expc-
rienced by them and the other siibjects of the Peshwa as a result
of the assignment of the mahal to the Portuguese. They prayed
in the petition that the mahal shouId be resumed by the Maratha
Government, the petitioners being prepared to pay direct to the
Maratha Government the annual sum of Rs. ~z,ooo promised in

the Treaty of 1779. (Annex C. No. 30.) The other document is
a resolution of the Poona Court to terminate the Sararijam. It
reads: "The envoy from the Firangee of Goa was always accredited
to the Sarkar of Poona and the services of the Sarkar were perform-
ed by the Governrnent of Goa.. For this the mahal of Nagar
AveIi in the Taluka of Bassein has been assigned by the Sarkar in
Saranjam to the Firangee. Of late no services to the Sarkar are
rendered by the Firangee. And the envoy does not reside at Poona.
Therefore, the mahal should be reaumed." (Annex C.No. 31. ) his
document isdated 1817. In the sa.meyear, the Marathas lost their
power to the British.

89. It is thus abundantly clear from the Maratha documents that
the Marathas never parted with sovereignty over Pargana Nagar
Aveli, and that the Treaty of 1779 and the connected instruments
did not bring about cession of territory to the Portuguese, nor.
did they in any way restrict the sovereignty of the Marathas over
their territory.

LandholdersSeeGlossaryatAnnex C. No.II34 PRELIhIINARY OBJECTION OF INDIA (IV 57)
go. Paragraph II of the Portuguese Memorial suggests that the
Treaty of 1779 was intendcd to settle territorial questions left open

by the Treaty of 1739. The facts as stated above are suf'ficientto
disprove the suggestion. But it may be mentioned by way of infor-
mation that al1 questions left open by the Treaty of 1739 were
finally settled under the Treaty of 1741. (Annex C. No. 32.) It is
remarkable that the Portuguese Government should not have
annexed this Treaty to its Memorial since it u7asin force between
the Portuguese and the Marathas in 1779 and one of its articles
expressly forbade the entry of Portuguese armed forces into the
territory of the Marathas and of Maratha armed forces into the
territory of the Portuguese.

The British Period (1818-1947)

91. Sovereignty over the territory intervening between Daman
and the e'nclaves of Dadra and Nagar Aveli waç assumed by the
British after the final defeat of the Marathas in818. Later in that
year correspondence began between the Governor of Daman and
the Governor of Bombay about the levying by the British authori-
ties of customs duties on products of Nagar Aveli exported thence
to Daman. The correspondence shows the attitude taken up right
at the start of the British occupation of the intervening territory.
The Portuguese claimed exemption from customs duties on the
ground of treaty arrangements allegedly made between them and
the Peshwa during the filaratha period. They did not suggest that,
apart from treaties, they enjoyed any general right of freedom of
passage or transit between Daman and the enclaves. Tlie British
declined to recognize any obligation arising out of arrangements
between the Portuguese andthe Peshwa, and regarded the granting

or withholding of the exemption as a matter ofpolicy to be governed
by considerations of local expediency alone.
92. The correspondence began with a letter of II November
1818 from the Governor of Daman to Sir Evan Nepean, then Gover-
nor of Bombay. (Annex C. No. 33, p. 295.) The Governor alleged
that the Treaty of 1780 (strictly, the Treaty of 1779) between the

Portuguese and the Marathas had provided that all produce of
Nagar Aveli exportcd to Daman should be absolutely exempt from
al1 duties and taxes; in consequence of breaches of this provision,
the Peshwa had issued a sanad reaffirming the exemption; an
arrangement had subsequently been made with the Marathas that,
for the avoidance of misunderstandings, produce of Nagar Aveli
imported for consumption in Daman should be certified under the
hand and seal of the Governor of Daman, but this arrangement
had been inconvenient in practice; and the British collectors had
been levying duties and taxes on al1 articles exported from Nagar
Aveli to Daman, whether certified by the Governor or not. The
Governor asked that thetreaty, exempting al1articles so exported PRELIMINARY OBJEC7'ION OP INDIA (IV 57) I35
from duties and taxes, should be confirmed. There was in fact no
provision in the Treaty such as the Governor alleged, exempting
from duties and taxes produce of Nagar Aveli exported to Daman.

His mention of a sanad was equally inaccurate. He was referring
to' the document of 26 April 1799 (Annex 19 to the Portuguese
Mernorial), which is not a sanad but a permit issued for a single
occasion.
93. On 31 Decernber 1818 the Government of Bombay referred
this letter to the Governor-General in Council at Fort William.
In his covering letter (AnnexC. No. 33, p. 298), the Chief Secretary
to the Government of Bombay i-emarked that the plea that the
concession was originally made l>ythe Maratha Government ap-
peared to the Governor of Bombay to be of Iittle weight, and it was
considered a question of policy alone. In reply (Annex C. No. 33,

p. 299), the Governor-General in Council requested the C ~'overnor
of Bombay to decide the matter with reference to local expediency
alone. Sir Evan Nepean wrote to the Governor of Daman on
I May 1819(Annex C. No. 33, pp. 300- OZ),stating that articlesgrown
and produced in Nagar Aveli ancl intended for the use of Daman
would be exempt from duties and taxes if accompanied by a cer-
tificate signed by the Governor of Daman or his nominee, while
the local revenue officerswould be empowered to open any packages
which they suspected of containing contraband goods. The Gover-
nor of Daman was asked to confirin "a similar privilegeJJ,by which
the inhabitants of the Pargana of Bagwara, in British territory,
north-west of Nagar Aveli, were allowed to take articles out of
Nagar Aveli under notes signed by the Tannadar (a local police
official). Sir Evan Kepean added. that the Peshwa had told the
British Government nothing of any privileges reserved to the
Portuguese, so that no exemptiorl so granted could be considered
binding on the British authoritie:;; but considering the "amicable

relations" hetween the two Governments, there was a disposition 1
to respect the Govei-norJswishes "wherever it can be done consist-
ently with a due attention to the interests of my Hon'hle employ-
ers". The Governor of Daman replied on 30 May 1819. (Annex C.
No. 33, p. 302.) He said that, disregarding arguments which might
have shown that the Treaty of x730 should be observed in spite of
the silence of the Peshwa, since Sir Evan Nepean had "so gene-
rously been pleased to accede" to his request he was maintaining
the prac tice, notwithçtanding its impropriety, whereby certifi-
cateç of articles imported into Daman from Nagar Aveli were
signed by the Governor of Daman and onIy articles accornpanied i
by such certificates were allowed to pass free of duty. He agreed
that the revenue oficers of botEi Governments might open the
packages if they had cause to suspect the preserice of contraband
goods. He was giving orders that the privileges granted by the
Treaty between the Portuguese and the Marathas to the inhabi-
tants of the Pargana of Bagwara should continue to be observed.13~ PRELIMINARY OBJECTION OF INDIA (IV 57)

These privileges were restricted to materials for the construction
of the inhabitants' houses and fuel during the rains; and the Gover-
nor asked that the inhabitants should be provided with certificates
that articles taken from Nagar Aveli tvere actually required for
the construction or use of their own houses. Sir Evan Nepean
acknowledged this letter on 18 June1819 (Annex C. No. 33, p.304),
expressing gratification that "the concession which has been made
to the PortugueseGovernment" had been gratifying to the Governor,
and agreeing that the suggested certificates should be issued to
the inhabitants of Bagwara.
94. It is to be noted that the whole of the correspondence dis-

cussed above related only to produce of Nagar Aveli passing to
Daman; and not to any goods passing in'the opposite direction.
The Portuguese Government relied solely on a mis-statement of
the provisions of the Treaty of 1779. The British Government
refused to recognize this Treaty asimposing any obligation upon
them. In spite of this, the Portuguese Government did not attempt
to set uc any right existing independently of the Treaty.
95. In the years immediately following this correspondence the
question -ofthese duties was again raised by the Portuguese more
than once, but never with any suggestion that the exemption
depended upon anything but the grace of the British authorities.
Thus, on 9 June 1823 the Governor of Daman wrote (Annex C.

No. 33, p. 307)~alleging that duties were being exacted, and asking
the Governor of Bombay to take the matter into his consideration
and "order whatever you may think proper". He added that he
Ras sure the Governor would "condescend to accede to so just a
claim". On 13 December 1824 the Governor of Daman wrote
(Annex C. No. 33, p. 308) complaining that the British authorities
had prohibited the export of provisions, cattle, hay, etc., from
British territory to Daman, and that certain duties were being
levied on provisions, cattle, etc., coming into Daman from the
enclaves. (Asappears from the foregoing, these artides were exempt
from duty only if accompanied by the Governor of Daman's certi-
ficate.) He asked the Governor of Bombay to remove these duties
"in consideration of the indissoluble ties which unite the two
Crowns", and added that he would consider this "a very particular
favour conferred on me". The prohibition of the evport of provi-
sions from British territory had been imposed in consequence of
a like prohibition of the export of proviçions from Portugiiese
territory, and it wz raised when the Portuguese prohibition was

raised. The duties on produce exported from Nagar Aveli were
maintained.
96. On 12 July 1833 the British Political Agent at Surat wrote
to the,Governor of Daman (Annex C. No. 33, p. 313)~ complaining
that employees of the Portuguese Government had carried off
some teakwood from British territory without paying duty. In PRELIMINARY OBJECTION OF INDIA (IV 57) I37
his reply (Annex C. No. 33, p. 314)) the Governor stated that this

tirriber had been bought for use cjna Portuguese frigatethen build-
ing at Daman; he alleged that, under "an ancient agreement",
no duty was payable on any goods belonging to the King of Por-
tugal brought into Daman through the British chowkies (custonis
posts), and none was charçed on goods of the East India Company
passing through the Portuguese cliowkies. \%en asked for evidence
of this alleged agreement, the Governor, in hisletter ofII October
1833 (Annex C. No. 33, p. 320)~ referred to the correspondence
between Sir Evan Nepean and the Governor of Daman in 1819
(set out in paragraphs 92 and 133above). The British Political
Agent reported this in a letter of 17October 1833 (Annex C. No. 33,
p. 317) to the Secretary to the Ghernment of Bombay. He pointed
out that the Governor was clairriing free transit of any goods of

the King of Portugal brought into Daman, alleging that reciprocal
freedom of transit through the I'ortuguese chowkies was allowed
to al1 goods of the Company; whereas the correspondence cited
covered only produce exported fsom Nagar Aveli (whoever might
be the owner of it), and the counter-privilege did not refer to
property of the Company, but was confined to tirnber for building
and fuel taken from Nagar Aveli by inhabitants of Bagwara. The
Governor of Bombay in Council (Annex C. No. 33, p. 321) ultimately
directed the Political Agent to inform the Governor of Daman
that the British Government ~vouldadhere strictly to the arrange-
ment of 1819, but that arrangement had not been infringed by the
demand for duty on the teakwood, which had not been proved
to be produce of Nagar Aveli.

97. It is to be observed that in this incident also the Portuguese
authorities relied on nothing but an inaccurate account of earlier
events. Although trying to establish a privilege which was clearly
outside the terms of the arrangernent of 1819, they resorted only
to mis-statcments of the scope of that arrangement, and never
alleged the existence of any general right going beyond the terms
of that arrangement. '

98. In 1848 the British auth~srities withdrew the concession
granted to the Portuguese in 1819, and soon after terminated the
arrangement. In May and June 1848 the Deputy Collector of
Continental Customs and Excise submitted two reports (Annex C,
No. 34, pp. 322 and 323), stating that, since a privilege granted
to the Governor of Daman of receiving certain persona1 supplies

from Nagar Aveli free of duty had been grossly abused, he had
directed that no goods should be allowed on any pretext to pass
the frontier of Daman free of duty. The Governor of Daman report-
ed this (Annex C. No. 34, p. 324) to the British Political Agent at
Surat on 20 May 1848. On 12 December 1848, the Governor of
Daman wrote to the Governor of Bombay (Annex C. No. 34, p. y7),
stating that duty was being demanded on fowls, butter, etc., brought138 PRELIllIlNARYOBJECTIOI: OF IXDIA (IV57)
in for his own table; he enquired whether this was being done by
the order of the Governor of Bombay, "in which case", he added,

"1 shall rest satisfied on the point". The Revenue Commissioner
of the Northern District was then asked to report on the whole
subject of exemption from duty of produce of Nagar Aveli passing
through British territory, and submitted a report dated 19 April
1849 (Annex C.No. 34,p. 328).Having referred to the arrangement
of 1819 ,e said it was conclusively shown that the Governor of
Daman had "abused the indulgence of the Bombay Government".
He suggested, therefore, that, as the inhabitants of Bagwara no
longer needed to get building timber and fuel from Nagar Aveli
free of duty, the arrangement of1819 might be brought to a close.
He did recommend, however, that articles for the Governor of
Daman's own household should be passed free of duty on produc-
tion of the GovernorJscertificate. On 25 May 1849, the British
Political Agent at Surat wrote to the Governor of Daman (Annex C.
No. 34, p. 331)i~nforming him of the decision of the Governor of
Bombay that, "as it has been discovered that numerous abuses
(probably on both sides) have taken place", the arrangement of
1819 was to cease; but al1 articles for the Govemor's private con-
sumption were to be- passed free of duty on production of his
certificate.

99. It is very significant that this decision of the Government
of Bombay appears to have been accepted in silence by the Portu-
guese authorities. They made no protest or complaint, and did
not allege that any nght enjoyed by the Portuguese Government
was being infringed. They thus acquiesced in the view taken by
the British Government, that the transit of any goods over British
territory between Daman and the enclaves was a matter lying
entirely within the domestic jurisdiction of the British Govern-
ment, and to be controlled accordingto that Government's policy.

roo. Ten years later the matter of these duties was again raised
by the Portuguese. Commissioners appointed by the British and
Portuguese Governments were engaged in settling certain questions
in issue between the two Governments concerning the boundaries
of the Portuguese territoriesin India. On 23 April 1859 the
Portugiiese Commissioner, Senhor Cunha Rivara, wrote to the
Government of Bombay (Annex C. No. 35, p. 332). stating that,
as the Portuguese Government had allowed free transit through
Portuguese territory toal1articles required for the British railway
works, it appeared to them just "that there should be reciprocity
on the side of the British" and duties should not be enforced on
produce of Nagar Aveli paçsing through Britishterritorto Daman.
The Govemment of Bombay called for a report on the subject,
and the British Commissioner, Colonel Pope, submitted a report
on 23 June 1859 (Annex C. No. 35, p. 338), enclosing with it a
memorandum of 26 May by Senhor Cunha Rivara. In this memo- PRELIMINARY OBJECTION OF INDIA (IV57) I39
randum (Annex C. No. 35, p. 338), Senhor Cunha Rivara referred

to the Treaty of 1779 between the Peshwa and the Portuguese,
and said that it contained a clause establishing "the widest exemp-
tion and the freedom of trade". As has been seen, this assertion
was quitc groundlcss. He also reft:rred to the document of26 April
1799 mentioned in paragraph 92 above (Annex 19 to the Portuguese
Mernorial), describing it as a sanad, the arrangement of 1819,
calling it a pact, the correspondi:nce of 1833 and the withdrawal
of the concession in 1848. He was equally inaccurate in referring
to the document of1799 as a sanad, and in describing the arrange-
ment of 1819 as a pact. He then \vent on to express doubt whether
theallegations of abuse made by the British in1848 had been well
founded. He said the Portuguese Government exernpted from duty
on transit through Portuguese territory al1 alcoholic drinks for
consumption in British territory and al1 British. prodiicts and
manufactured goods, and had recently allowed free transit to
materials, owned ~riiatel~ and not by the British Government,
for railways and telegraphs, They thought there ought to be "a

weIl set reciprocity regarding exemption from transit duties",
and hoped the British Governmerit, "not only in view of the spirit
of alliance and friendship which binds both the Nations, but also
in view of their infallible justice", would restore the exemption
observed up to 1848.
101. Commenting on this memorandum in his report of 23 June
1859 (Annex C. No. 35, p.34~)~Colone1Pope remarked:

"1 do not suppose that the sight of the British Govemment to
Ievy dutieson goods belongingto a foreign State, passing through
consideringrthenliberal conduct of the Portuguese Government...,
may be worthy of theconsideration of Government..."

Since, however, a restoration of the exemption would be liable'
to be revoked on a subsequent ciccasion, Colonel Pope suggested
that the best permanent settlement of the question would be by
an exchange of territory, giving the Portuguese a strip of territory
to form a corridor between Nagar Aveli and Daman. The Governor-
General of Goa wrote to the Governor of Bombay on 12 September
1859 endorsing this suggestion (Annex C. No. 35, p. 343); but on

28 September 1860, the Govemor of Bombay. answered that,
after fuli enquiry and consideration, the cession of any British
territory had been found to be impracticable. (Armex C. No. 35,
p. 355.) In November 1861,after correspondence with the Secretary
of State for India, the Portuguese request was granted and produce
of Nagar Aveli was allowed to pass through British territory free
of duty for use in Daman, if accompanied by a pass from the Gover-
nor of Daman. (Annex C. No. 315.)
102. After 1861, the position of goods in transit between the
Portuguese territories and that of duty levied on those goodsI4O PRELIliIINARY OBJECTION OF INDIA (IV 57)

seem not to have been altered until the conclusion of the Treaty
of 1878, mentioned below in paragraph 109.
103. Itis again important to observe the presuppositions which
governed the conduct of both sides. The Portuguese had been
anxious in 1819 to obtain, in 1848 to preserve, and in 1859 to
regain a valuable exemption from duty; yet their arguments (apart
from repeated mis-statenientç of the effect of earlier transactions)
were based solely on reciprocity, the friendship between the two
countries and the British Government's sense of justice. They
never claimed to be entitled to freedorn of transit between their
territories, or appealed to any custom, or general right existing
by treaty, or principle of international law. They regarded the
imposition and raising of the duties as lying entirely within the

potver and domestic jurisdiction of the British Governrnent. Accord-
ingly, when, in 1849, the British Government withdrew the con-
cession which had becn granted in 1819, the Portuguese Govern-
ment acquiesced insilerice (see paragraphs98 and gg above). The
British Government, on their side, likewise regarded the matter
as s purely domestic matter, which was not affected by any obli-
gations of treaty, custom or Iatv, but might be handled purely
on considerations of policy.
104. As with the transit of goods, so with the passage of soldiers
and police, there is no evidence that during this period, from the
origin of British sovereignty in1818 to the conclusion of the Treaty

of 1878, either Government ever clairned any right of passage
through the territory of the other. There are three incidents which
show that entry of soldiers and police was regarded as lying en-
tirely within the control of the Government of the territory to be
traversed, and no reliance was placed upon any right alleged to
exist by treaty, custom or any principle of law.
105. In 1851, the British authorities in Surat asked (Annex C.
No. 37) the Governor of Daman to allow British police to enter
Portuguese villages in order to arrest persons who had committed
offences in British territory. In his reply (AnnexC. No. 37), dated
17 June 1851, the Governor declined to allow this, but said that
the Portuguese police would, at the rcquest of the British Govern-
ment, arrest such persons; and in the same letter the Governor
asked the British authorities to arrest a certain person who was
wanted by the Judge of Daman but was apparently in British

territory.
106. In 1857, during the rnutiny in British India, the Portuguese
Governrnent allowed a detachment of British troops to pass through
Goa on their way to the Southern Maratha district. The Governor-
General, in a Ietter of 27 November 1857 (Annex C. No. 38) to the
Governor-General of Portuguese India, expressed the thanks of
the British Government "for the ready .and cordial assistance
afforded hy yourself, and the authorities under you". 107. In 1859 an incident arose in connection with the despatch

of two Portuguese sepoys from Daman to Bassein, to escort thence
a Portuguese judge. The British police at Dhanoo deprived the
sepoys of theirbayonets(apparently the only weapons they carried).
The Governor-General of Goa, oii 16 May 1859, protested to the
Govemor of Bombay against the disarming of the sepoyç in spite
of their having produced Government passes. (Annex C. No. 39.)
He based his protest on the groiind of reciprocity, claiming that
English soldiers carryirig arms ~ere allowed to pass unmolested
in Portuguese territory. The Governor-Gcneral mentioned, as an
"additional circumstance" at Daman, the existence of Portuguese
villages surrounded by British tt:rritory, but did not attempt to
found any special right upo~i it. The Governor of Bombay apolo-
gized (Annex C. No. 39) for the "inadvertence" through which
the arms had been detained.

108.From these three incident; it is clear that neither Govem-
ment claimed any right of passage over the territory of the other,
or conceded to the other Government any right of passage over
its own territory. When either Government did allow passage to
the troops or police of the other, this was done as a concession
and a favour, and on the basis of reciprocity. No appeal was made
to trcaty, custom or any principle of law. The Portuguese Govern-
ment, even when drawing attention to the peculiar position of
Dadra and Nagar Aveli, did not found upon the position of these
enclaves any claim to a special right.
109. In 1878 Great Britain and Portugal concluded a Treaty

of Commerce and Extradition for their Indian possessions. (Annex
C. No. ifo.)This treaty was signed.at Lisbon on 26 December 1878
and the ratifications were exchanged on 6 August 1879. Article 1
provided for "reciprocal freedoni of commerce, navigation and
transit" between the Indian dominions of the parties. Under Article
II, the subjects of either party were entitled to enter into, and
travel, reside and oivn lands and houses in, the Indian dominions
of the other, and trade ~4th perfect freedom therein. Article VI1
provided that :-
"Al1 Customs duties, whether on import or export, now levied
on the frontier linebetween the Indian dominions of the High
Contracting Parties shallbe abolished, andal1Customs establish-
ments connccted thcrewith shallbe discontinued."

Article VI1 went on to provide that a11articles of commerce
which might be imported into, or exported from, the Indian domi-
nions of either party were to cross the frontierlines without being
subject to any duty. ArticleVII[ provided for a Customs union
between the Indian dominions of the parties; the laws and regula-
tions governing the levying of Customs duties, and the administra-
tion of Custorns were, so far as practicable, to be uniform, and
the dutieson goods imported orexported by sea were to be tiniform,142 PRELIMINARY OBJECTIOK OF IrYDIA (IV57)

subject to certain exceptions laid down in the Treaty. Under
Article XII, the Government of Bombay received, on certain
conditions, the exclusive privilege of regulating or undertaking
the manufacture and saIe of salt in Portuguese India. Article
XVIII provided that the revenue, magisterial and police authorities

of the Indian dominions of either party might enter the dominions
of the other in pursuit of criminah and smugglers. The Article
went on :
"The arrned forces of one of the two High Contracting Parties
shall not enter the lndian dominions of thc other, except for the
purposesspecifiedi~iformerTreatiesl, or for the renderingofmutua1
assistance as providcd for in the present Treaty, or except in
consequence of a forma1 request made by the party desiring such
entry tu the other.
The exportation of arms, ammunition or military stores from
the Tndian dominions of one of the High Contracting Parties into
those of theother shall not be permitted, except with the consent
of,and under riileapproved of by, the latter."

By Article XIX the parties engaged to enter into a separate
Convention governing extradition. Article XXII provided that
the Treaty should corne into force three months after the exchange

of ratifications, and remain in force for a period of twelve years
and then, unless terminated by notice given by one party to the
other twelve months before the expiration of that period, for fur-
ther successive periods of twelve years until so terminated.
110. In accordance with Article XXII, the Treaty came into

force on 6 November 1879. Thereafter it governed al1 matters of
passage of persons and transit of goods between British and Por-
tuguese India u~itil November r8gr. Between 1879 and 1891,
therefore, the arrangements concerning passage and transit be-
tween Daman and the enclaveç were purely conventional, being
governed entirely by this Treaty. This applied to the passage of
al1persons, whether military, police or civilian, and the transit of
all goods. In November 1891, however, the British Government
having previously given notice under Article XXII, the operation

of the Treaty came to an end. It seems remarkable that this Treaty,
in spite of its obvious relevance, is nowhere mentioned in the
Portuguese Mernorial.
III. The Treaty of 1878 having thus lapsed, the question of the
exaction of customs duties on goods passing between Daman and
Nagar Aveli again arose. The Governor-General of Portuguese India

wrote to the Governor of Bombay on 27 May 1892 (Annex C. No.

No "former Treaty" bctween England and Portugal cont?ined anp provision
underwhich the armcd forces of either countmight enter into. or pass over.
the territoofthe other; butthese Treaties, and in particuia<if 1661, gave
toHngland a right to intcrfere in any cofeexternal attaçagainst Portugal
or any ISortugucse possession. PRELIMINARY OBJECTIOF OF INDIA (IV 57) I43

41, p. 378) stating that, before the Treaty, transiof goods between
the two districts had been free, siibject only to the issue of passes
by the Portuguese authorities, but since the expiration ofthe Treaty,
free transit had not been allowetl at the British fiscal posts. He
asked the Governor to order that al1 products pzrssing from one
Portuguese district to the other should pass through British terri-
tory free of duty, and offered in return an equal exemption from
Portuguese duty of products passing from British territory. The
Governor-General added that his request was justifiable because of
the practice followed beforc the Treaty, and because goods from
British posts passing over the Mai-magao railway were not charged

customs dues. The Commissioner of Custorns, Salt, Opium and
Abkari at Bombay pointed out, in a memorandum of 3 August
1892 (Annex C. No. 41, p. 379), that the Governor-General's
account of the practice followed kiefore the Treaty was inaccurate.
The exemption hacl been limited to produce of Nagar Aveli brought
under the Governor's pass to Darnan, and no exemption had ever
been allowed to goods psssing from Daman to Nagar Aveli. The .
Verieral and unrestricted exemvtion for which the Goverrior-Gen-
eral was asking would thus go far beyond any previous concession.
The Commissioner urged that goods passing from Daman to Nagar
Aveli be not exeinpted from duty, as such exemption would inevi-
tably give rise to abuses: even the exemption of rice produced
in Nagar Aveli and taken to Daman for consumption there urould
involve a considerable sacrificc of revenue and lead to cornpIica-

lions. The rcmission of Portuguese duty on goods passing from
British posts over the Marmagao Railway was, the Commissioner
said, dictated by self-interest, as the application of the tariff would
at once have put a stop to al1 goods trafic on the West of India
PortugueseGuaranteed Railway. On 21 February 1893, the Govern-
ment of Bombay resolved (Annex C. No. 41, p. 381) that rice
produced in Nagar Aveli should be allowed to pas free of duty
into Daman, whether for local consumption or for export, but no
further concession should be made.

112. On 29 January 1895, the acting Collector of Salt Rcvenue
wrote to the Commissioner of Customs, Salt, Opium and Abkari
(Annex C.No. 42, pp. 388-389)reporting that it had Iongbeensuspect-
ed that rice grown in British villages was being fraudulentlyexported
to Daman free of duty under cover of Portuguese passes, and a
case had recently occurred in which two cart loads of rice, certified
by the administrator of Nagar Aveli as being produce of Nagar
Aveli, had been proved to have corne from British territory. The
acting Collector did not blame the administrator: the concession
was necessarily attended by fraud, and he could suggest no pre-
caution by which it could be pri:vented. Accordi~igly, he recom--
mended that the concession be witlidrawn. The Commissioner wrote-
(Annex C. No. 42, p. 388) on 8 March 1895 to the Chief Secretary
of the Revenue Department of the Governrnent of Bombay, endors:I44 PRELIMIKARY OBJECTION OF INDIA (IV57)

ing this suggestion and stating there could be no reasonable doubt
that the concession was abused and much British rice evaded duty
by passing as Portuguese rice. In support of this he quoted figures
supplied by the acting Collector. On 21 August 1895, the acting
Chief Secretary to the Government of Bombay wrote (Annex C.
No. 42, p. 387)tothe Government of India, stating that the Bombay
Government proposed to accept the Commissioner's suggestion
and terminate the concession, but thought it advisable 1:oenquire
if the Government of India had any objection to this course.In
reply, the Assistant Secretary to the Government of India wrote, on
29 October 1895 (Annex C. No. 42, p. 390), that the Government of
Portuguese lndia should be informed that any practical suggestion
for the prevention of the abuse would be carefully considered,
but meanwhile the concession would be provisionally withdrawn.
The Government of Bombay wrote in this sense to the Governor-
General of Portuguese India on 17 December 1895. (Annex C.
No. 42, p.391.T )he Portuguese authorities were apparently unable

to make any practical suggestion for prevention of the abuse, for
the concession was not restored.
113. On a number of occasions after1895,the Portuguese authori-
ties tried to get this concession renewed. On z September 1899,
the Governor-General of Portuguese India wrote (Annex C. No. 43,
p. 393) to the Governor of Bombay (Lord Sandhurst), pleading
that, as the inhabitants of Daman had been reduced by plague
and drought to "a very miserable condition", products of Nagar
Aveli, except country liquor, should be allowed to be carried to
Daman and vice versa free from duties. He suggested various
precautions which might be taken to prevent frauds, and remarked
that the Portuguese Government did not levy any tax on goods
passing through Marmagao harbour and the Goa territory either

to or from British districts.On this letter, the Collector of Salt
Revenue commented (Annex C. No. 43, p. 394) on II October
1899 that importç into Nagar Aveli and exports therefrom were
absolutely unrestricted, and, in respect of exports to Daman,
Nagar Aveli was treated exactly as though it was British territory.
Al1 trade between the two districts was, therefore, free already,
except that in rice. The concession formerly accorded to rice pro-
duced in Nagar Aveli had been withdrawn in consequence of abuse,
and the Collector could not recommend that it be renewed. The
Acting Commissioner of Customs, Salt, Opium and Abkari con-
curred in this view. (Annex C. No. 43, p.395.) On 6 March 1900,
Lord Northcote having meanwhile succeeded Lord Sandhurst as
Govemor of Bombay, the Governor-Generai of Portuguese India
renewed his request. (Annex C. No. 43, p. 396.) He said it seemed
to him unfair that nce produced in Magar Aveli should be allowed
to be exported free into British territory, but should be liable to
British taxes when intended for Portuguese territory, and referred
again to the freedom from duty of traffic passing over the Marmagao PRELIMINARY OBJECTION OF INDIA (IV57) I45

railway. He asked the Governor, "if it should be impossible to
allow free transit to al1 goods between Nagar Aveli and Daman
and vice versa", to allow rice produced in Nagar Aveli and exported
to Daman, and fish exported froni Daman to Nagar Aveli, to pass
free. Commenting on this request on 29 April ~qoo (Annex C.
No. 43, p. 398)) the Collector of Salt Revenue said it had been
proved that fraud was "the neces5;aryconcomitant" of any exemp-
tion frorn duty of rice purportin!; to be produce of Nagar Aveli.
He described how, between 1893 and 1895, large quantities of
rice grown in British districts had been exported "under fraudulent
certificatcs obtained from the Portuguese authorities". Free and
unrestricted traffic with British territorywas, he said, far more
important to Nagar Aveli than export of rice to Daman, and receipt
of goods from Daman, free of duty. It was unreasonable to expect
that Nagar Aveli, mhile treated for purposes of British customs
as a British district, should receive spccial concessions as being
part of Portuguese India. On 21 July 1900, the Governor of Bombay
wrote to the Governor-Gcnerd of Portuguese India (Annex C.

No. 43,p. 399),declining, on the grounds suggested by the Collector
of Salt Kevenue, to grant the Governor-General's request.
114. The subject was raised again in 1906, in the course of
negotiations for the prevention of the smuggling of liquor from
Daman and Nagar Aveli into thé adjoining British districts. The
British Government had asked the Portuguese Government to fix
a minimum price for the sale of liquor, and to limit the number
of liquor shops, in these territories. The Portuguese Government

offered to do ço if, as a compens:ition for the loss of revenue, the
British Government would perrnit free passage through their
territory of salt,rice and other dutiable products from Daman ta
Nagar Aveli and vice versa. The Government of India submitted
this proposa1 to the Government of Bombay. In his answer, dated
I November 1906 (Annex C. No. 44, p. IO), the Secretary tothe
Government of Bombay wrote that this particular form of com-
pensation, "in the opinion of tlie Governor in Council, should
most emphaticdly not be granted". Regarding rice, he referred i
to the withdrawal of the co~ice:jsionin 1895, and added that,
although every effort had been made, it had never been possible I
to guard the concession from akiuse. The Government of India,
accordingly, wrote in a despatch tif28 February 1907 to the Secre-
tary of State for India (Annex C. No. 44, p.414) that they were
"entirely opposed to the acceptance of the proposa1 of the Portu-
Dese Government ".

115. Strenuous efforts to obtain the renewal of the concession
were made by various Portuguese authorities between 1933 and
1935. On 15 December 1933, the Portuguese Consul-General at
Bombay wrote (Annex C. No. 45, p.417) tothe Chief Secretary
of the Political and Reforms Department of the Government of14~ PRELIhIINXRY OBJECTION OF INDIX (IV 57)
Bombay, pointing out that rice grown in Nagar Aveli could not
enterDaman without passing through British territory, and alleging
(wrongly, as it proved) that goods from British territory passing

in transit through the Dabel district of Daman were exempted
from customs duty. He açked that rice despatched from Nagar
Aveli to Daman might be allowed free transit. The Chief Secretary
wrote in reply on 15 March 1934. (Annex C. No. 45, p. 422.) He
referred to the withdrawaI of the concession in 1895 and the
correspondence of 1900, and stated that, as the conditions which
necessitated the withdrawal of the concession had not changed, the
Governor in Council regretted that he could not permit free transit.
On 3 August 1934, the Governor of Daman renewed the request,
in a "private and personal" letter to the Collector of Surat. (Annex
C. No. 45, p. 425.)He suggested certain safeguards which might
prevent frauds, and hoped that "the ever proved good sense and
spirit of justice of the British administration" would lead them
to gra.nt his request, thus easing a little the "enormous difficulties"
of the population of Daman. The Governor's suggestions were
carefully considered, but on IO January 1935 the Collector waç
instructed (Annex C. No. 45, p. 429) to inforrn him that the Gov-

ernment of Bombay could not reconsider their previous decision.
A third attempt was made on 6 June 1935, when the Governor-
Gencral of Portuguese India made the same request to the Govern-
ment of Bombay (Annex C. Xo. 45, p. 432)) expressing the hope
that it might be "considered just and deserving of consideration".
The reply, dated 28 June 1935 (Annex C. No. 45, p. 433), stated
that the Governor in Council regretted that it was not possible to
allow the concession for the reasons set out in thetter of15Iilarch
1934 to the Portuguese Consul-General at Bombay (Annex C.
NO.45, P. 422.)

116. Itappears from the foregoing that the exaction of customs
duty on rice grown in Nagar Aveli and exported to Daman was
a matter to which the Portuguese authorities attacfied much
importance. They agitated it repeatedly over a period of many
years, and tried every means available to them of obteining the
concession which they desired. Yet, although they made this con-
cession a matter of petition and a matter of bargaining and sought
to obtain it on grounds of reciprocity, they never suggested it was
a niatter of right. The correspondencc contains no reference to
any right in international law. The British authorities regarded
the matter throughout as one to be governed solely by considera-
tions of policy and lying entirely within their domestic jurisdic-
tion. This attitude the Portuguese authorities never challenged.

117. The view taken, alike by the British and Portuguese Gov-
ernments, of the unrestricted right of the British Government to
control the transit of goods through British territory is further
illustrated bythe action taker, about salt manufactured in Daman. PRELIMINARY OBJECTION OF INDEA (IV57) 147
On 25 January 1895,the Government of India, in consecluence of
tlie illicit importation of salt into the British districts adjactot
Daman, prohibited the importat.ion by la~id of Daman saIt into

BritishIndia. (Annex C. No. 46.)11is to be noted that in this case
the British Government imposed, not merely a duty, but a complete
embargo upon the import of salt from Daman into British territory.
The Portuguese Government never alleged that this infringed
any right enjoyed by them, although clearly the embargo was
not to their liking. The free passage of saltrough British territory
from Daman to Nagar Aveli and vice versa was one of the conces-
sions demanded by the Portuguese Governmerit in the negotiations
in 1906, rnentioned in paragraph 114 above. The Secretary to the
Government of Bombay, in his letter ofI November 1906, there
mentioned (Annex C. No. 44. p. IO), referred to the prohibition
of 1895, and said that the remolval of that prohibition would lead
to a revival of the difficulties and loss of revenue. As set out in
paragraph 114 above, the Government of 'India informed the
Secretary of State (Annex C. No. 44,p. 414)~ that they were "en-
tirely opposed to the acceptance of the proposal of the Portilguese
Government". This prohibition of the import of Daman salt was

never renioved during the rest of the period of Hritisli rule in
India, j~et the Portuguese Government never suggestetl that it
infririged any right possessed by thern.
1x8. A number of other incidents testify to the recognition by
the Portuguese Governmcnt of the right of the British aiithorities
to regulate, solely on grounds of policy, the transit of goods through
British territory.Thus, on I March 1904, the acting Govcrnor of
Daman wrote to the CoIlector of Salt Revenue aÉBombay (Annex
C. No. 47, p.435), complaining ahout the closing on public holidays
of the British customs house at Kunta. This, he alleged, had caused
a good deal of inconvenience, rneilicines urgently required in Nagar
Aveli having sometimes been detained at the customs house. The
acting Governor did not suggest that the Governrnent of Bombay
were exceeding their rightsincharging duty upon, or even detaining,

goods consigned from Daman to Nagar Aveli, but merely wrote
that he would "esteem it a great favour" if arrangements could be
made for passing goods through the customs house on public
holidays. The Collector of Salt Revenue wrote hack on 21 July
1904 (Annex C. No. 47, p. 439), stating that on such days stores
of the Portuguese Government would be passed, provided they
were covered by a pass signed by the Governor or some responsible
official. Again, on 4 January, 22 February and 15 March 1915
(Annex C. No. 48,pp. 441-443). the Government of Bombay, acting
on requests of the Portuguese Consul-Gerieral at Hombay, allowed
certain specified articles of food, drink and tobacco to pass from
Daman to Nagar Aveli, free of duty, for the use of certain Portu-
guese officers. At theame period the Militarv Commandant ofNagar
Aveli was allowed (Annex C.No. 4.8,p. 446),-"aa matter of persona114~ PREI.IMINARY OBJECTION OF INDIA (IV57)
courtesy" to import from Daman without payrnent of duty spe-
cifiedquantities of wines, spirits, tobacco and other provisions,
for his own use and that of his fa.mi1y. In the autumn of 19x5,
however, a consignrnent for the Commandant was found, when
opened at the frontier, to contain articles not covered by the

permit. Consequently, the Government of Bombay ordered (Annex
C. No. 48, p. 447) on 23 Decernber 1916 that the Commandarit be
allowed free passage each year of 60 dozen Portuguese wine for
hmself alone; the concession was not to be allowed other officials,
nor was it to extend to other stores.

119. Two more incidents may be cited, to show how the absolute
right to control transit of al1 goods was assumed by the British
authorities and accepted without question or complaint by the
Portuguese. In 1912, in order to prevent the import into Nagar
Aveli of dates to be used in distillation, the export of dates from
British India to Nagar Aveli was absolutely prohibited. Here, as
in the case of Daman salt (see paragraph 117 above), a complete
embargo, not a mere customs duty, WLS imposed. Here again, as
iii thecase of the salt, no protest or complaint appears to have
been made by the Portuguese authorities. Ho~vever, in order to
avoid unnecessary inconvenience to travellers the Government
of Bombay ordered, on gJunc 1916 (Annex C. No. 49). that travel-
Iers from Daman to Nagar Aveli be aIlowed to takc with them one

pound of dates each for their persona1 consumption on the journey.
The second incident occurred in 1936. On 9 June, thc Portuguese
authorities asked (Annex C. No. 50) to be allowed to send from
Daman free of duty some iron rails to replace the wooden posts
of the telegraph lines in Nagar Aveli. They pointed out in their
letter that the rails belonged to the Portuguese Government and
the Government of Bombay was interested in these lines, which
formed part of the telegraph communication between Bombay
and the native state of Dharampur. The Governrnent of India,
as stated in thcir letter ofIO August 1936 to the Government of
Bombay (Annex C. No. 50). were "pleased to sanction, as a special
case", the transport of the rails through British territory free of
customs duty.

120. The attitude thus consistently adopted by the Portuguese
.Government is further reflected in the views expressed by its
delegate to the First General Conference on Freedoni of Communi-
cations and Transit held at Barcelona in 1921. The Portuguese
delegate wrote a letter to the delegate of the Government of India

(Annex C. No. 89), suggesting that, since the proposecl Transit
Convention would not be applicable to transit betwecn Daman
and Nagar Aveli, a "fair arrangement" deaIing with such transit
between Daman and Nagar Aveli be negotiated between the two
Governments. This letter emphasizes once more the view held PRELIBIINARY OBJECTION OF lNDIh (IV57) I49
by both the Governments, that such transit was a matter for nego-
.tiation and not a matter affected by any right.

121. While the Treaty of 1878 (Annex C. No. 40) was in force,
the entry of police and armed forces of one party into the territory
of the other was governed by Article XVIII. That Article pcrmitted
the revenue, magisterial and police authorities of either party to
cross the frontier and enter the dominions of the other irpursuit
of criminals or smugglers. The clear inference from this provision
is tliat those authorities had no right to cross the frontier for any
other purpose, The Article went on to provide expressly that the

armed forces of either party "shallnot enter the Indian dominions
of the other", except for purposes specified in that treaty or in
former treaties or "in consequence of a forma1 request". It will
appear from incidents occurring after the lapse ofthe Treaty i1891,
that exactly the sarne procedure of request and permission conti-
nued to be followed, both thc British and the Portuguese Govern-
rnents clearly accepting the view that, quite apart from Article
XVIII, no right of passage over the other's territory existed.

122. The Treaty of 1878 lapsecl in November 1891, so that the
treaty obligation itself containedri Article XVIII no longer applied.
Nevertheless, neither Government ever regarded itself as possess-
ing any right of such entry. Thus, on z6 November 1901, the Por-
tuguese Consul-General in British India applied to the Govern-
ment of Bombay by telegram (Annex C. No. SI) for urgent per-
mission for a Portuguese military detachment to proceed from
Daman to Bombay by land with al-ms.The Government of Bombay
answered on the same day (Annex C. No. 51) that entry of armed
troops into British territory could not be permitted until the orders
of the Government had been obtained. Permission for this detach-
ment was sent to the Consul-Gcneral on 30 November (Annex C.
No. 51), with a requcst that in the future suK~cientnotice might
be given to cnable these orders to be obtained and instructions
to be given to the local authorities. The Consul-General acknow-
ledged this request (Annex C. No. 51) and thanked the Govern-
ment of Bombay for their "prompt and kind conceasion". In 1912,
there was a rebelIion in Goa against the Portuguese Government.

In connection with this, the Portuguese Government asked per-
mission (Annex C. No. 52) to sent1s detachment of soldiers across
British territory close to the border, and on 6 August 1912 the
Government of India gave this permission by tclegram (Annex
C. No. 52) "as a special case". The Portuguese Government sub-
sequently abandoned this plan, tiutin October asked permission
(A~inexC. No. 52)to $end the detachment about thirty miles into
British territory by train, and then to march them nine miles to
the Portuguese border. On II October 1912, the Government of
India refused to aIlow the transport of the troops by train (Annex
C. No. 52). The detachment eventually passed through BritishI5O PRELIhIIXARY OBJECTIOK OF INDIA (IV 57)

territory on foot and on 25 November 1912 the Portuguese Consul- +
General at Bombay sent to the Government of Bombay (Annex C.
No. 52),the Governor General of Portuguese India's "sincere thanks
to the British Government for having graciously allowed the pass-
age of Portuguese armed force in the British territories". On
I Octobcr 1912, four armed British police escorting two prisoners
passed through Goa on their way frorn Ratnagiri to Dharwar, no
previous intimation having been given to the Portuguese Govern-
ment. The Portuguese Consul-General wrote to the Government
of Bombay on the following day (Annex C. No. 53, p. 450), stating
that in such cases the Portuguese Government should be informed.
The Acting Secretary to the Government wrote back on 7 Decem-
ber 1912 (Annex C. No. 53, p. 462), apologizing for the incident and

stating that officers of the Government would be instructed to
communicate directly with the Chief Secretary to the Portuguese
Governrnent, or the local authorities, before sending arnled police
through Portuguese territory. The Consul-General replied (Annex
C. No. j3, p. 462) on 21 January 1913 that there was no objection
to the passage of British police on duty through Portuguese ter- .
ritory, provided there was "the same reciprocity under similar
conditions", in ~vhichcase previous notice would be given to the
Government of Bombay. That Government by their letter of
20 February 1913 (Annex C. 'JO.53, y. 463) acceptcd this arrange-
ment, but made it clear that it was not to apply to armed troops.
On 7 August 1913, the Portuguese Consul-General at Bombay,
Sen. AIfredo Casanova, wrote to the Secretary to the Government

of Bombay (Annex C. No. 54), informing him that a detachment
of Portuguese soldiers had arrived in Bombay that day £rom Goa.
He met the Secretary to the Government the same day, and
apologized for having forgotten to give information beforehand
about the passage of the troops through British territory. On
15 September 1913, the Secretary to the Government of Bombay
wrote to the Secretary-General to the Government of Portuguese
India (Annex C. No. 54), drawing his attention to this incident and
asking that orders be given to ensure that Portugiiese troops did
not cross the frontier of British territory untpermission had becn
received from the Government. A similar incident occurred on
12 January 1916 (Annex C. Xo. 55), when a detachment of Por-
tuguese soldiers arrived in Bombay from Daman on their way to
Diu, having passed through British territory without permission

from the Government of Bombay. In consequence the I'ortuguese
Consul-General (Sen. Casanova) sent them back to Danian. 011
12 February 1916, Sen. Casanova received a telegram (Annex C.
No. 55)from the Governor of Diu informing him thst a detachment
of Portuguese soldiers would arrive in Bombay the following day
and go on to Goa. Sen. Casanova at once sent a telegrain in reply
(Annex C. No. 55), teiiing the Governor of Diu that when soldiers
had to cross British territory he should always "communicate PRELIMINARY OBJECTION OF IND1-4 (IV57) I5I
beforehand" for the "indispensable authorization", after receipt
of which the soldicrs couId proceed. Permission was asked in this

way not only for the passage of detachments, but even for the
passage of individuals. Thus, on 6 May rg16, the Portriguese
Consul-General applied (Annex (;.No. 55) to the Government of
Bombay for permission for one ofiicer and his family to travcl from
Bombay to Nagar Aveli, and on g May (-4nnex C. No. 55) for one
musician to travel from Bombay to Daman. It is particularly to
be observed that the Portuguese Consul-General's own statement,
inhis telegram of raFebruary 1916 quoted above (Annex C.No. 55),
was quite unqualified. Before any Portugucse troops could cross
any British territory, the "authorization" of the British Govern-
ment was "indispensable".

123. It is clear from thcse incidents that neither Government
possessed a right of passage for armed men over any part of the
territory of the other. This is confirmed by an agreement (Annex
C. No. 56) made on 25 September 1920, between the Government
of Bombay and the Government of Portuguese India. This agree-
ment provided that armed polici: of either party might enter the
territory of the other in actual pursuit of an offender, and might
arrest the offender if the pursuit had not been interrupted; they
had to report tllemselves as soon as possible to the authority of
the territory entered, and hand over the person arrested to the
police of that territory. Subject to this, armed police of either
party below the rank of sub-inspecter, and officers of, or above,
that rank were not to enter the territory of the other escorting
prisoners without consent previously obtained. The agreement

also laid down conditions on wliich unarrned police of either party,
and officers of, or above, the rank of sub-inspector. ~night enter
the territory of the other; and special provisions for British police
escorts travelling by rail from British India to Marmagao and vice
versa.
124. For the period frorn rgzti to 1953, eighty-eight instances
are recorded of application by the Portuguese authorities for
permission for their troops to pass through territory of British
India or (latterly) of the Indian Union. Of these instances, twcnty-

two relate to passage between Daman and Nagar Aveli. Two par-
ticular incidents from the Iast years of British rule may be cited.
On II April 1940, the Governnnent of Portuguese India wrote
(Annex C. No. 57, p. 473) tothe Government of Bombay, mention-
ing an occasion on which a German missionary travelling on a
bus from Nagar Aveli had been iirrested hy British troops at the
customs post of Lavacha. The Portugueçe Government suggested
that, as the road from Daman to Nagar Aveli passed "several
times" through British territory, it might be possible for armed
police of both Governments to traveI freely, on this road ülone,
without previous authorization. The Government of BombayI5J2 PRELIMINARY OBJECTION ûF INDIA (IV 57)
answered, on 30July 1940(Annex C.No. 57,p. 479), that they were
prepared to enter into çuch arrangements, provided that not more

than ten armed police travelled across British territory at once,
and intimation of their passage was given to the local authorities
witliin twenty-four hours. If more than ten were required to travel
at once, previous permission was to be obtained in accordance
with existing practice. The.Portuguese Government accepted this
proposal. (Annex C. No. 57, p. 480.) On 17 October 1941, the
Portuguese Vice-Consul at Bombay wrote (Annex C.No. 58,p. 484)
to the Chief Secrctary to the Government of Bombay, asking that
permanent instructions might be issued allowing free transit to the
armed soldiers accompanying the shroff (treasurer) whenever pub-
lic funds had to be transferred from Nagar Aveli to Daman. The
Chief Secretary answered on IX November 1941 (Annex C. No. 58,
p. 454), referring to the agreement of 1920, and stating that the
Government of Bombay anticipated no difficulty in issuing the
necessary orders on each occasion, and suggested that the existing
practice be continued. The Portugucse authorities did not then
pursue the matter further, It may be observed that an incident

of April 1943 is wrongly quoted in the Portuguese Memorial (para-
graph 23and Annex 18)as an example of armed men being allowed
by the Government of Bombay to escort public funds from Nagar
Aveli to Daman. That incident related to a transfer of funds from
Nagar Aveli to Bombay, not to Daman.
125. It rnay here be observed further that the Portuguese Gov-
ernment, in support of their claim that, from the acquisition of
the enclaves to 1954, they never ceased to exercise a right of

passage between the enclaves and Daman, cite only two more
incidents. Both belong to the distant past, and neither supports
the claim. There is first the incident of1826, mentioned in para-
graph 21 of the Memorial. That incident has no significance, for
the object of the Portuguese expedition was to punish the Raja of
Dharampur, and the British Government was no less anxious than
the Portuguese Government that he should be punished. Further-
more, the Governor of Daman thought it necessarjr immediately
to report his proceedings against the Rajato the British Political
Agent at Surat. The second incident is that of 1849, mentioned
in paragraph 22 of the Memorial. In this case there is no evidence
that the permission of the British Government was not sought
and obtained before any Portuguese troops passed through British
territory.

126. From the foregoing it is clear that after the lapse of the
Treaty of 1878 the British authorities in India always regarded
the passage through anypart of their territory of armed Portuguese
soldiers or police as a matter lying entirely within their jurisdic-
tion, to be permitted or prohibited as they chose. The Portuguese
authonties shared this view and (except in cases covered by special PRELIRIINARY OBJECTION OF INDIA (IV 57) I53
agreements) applied for permission whenever such passage was

desired. There was never any suggestion of the existence, by treaty,
custom or any principle of law, of a general right of passage for
armed men.
127. Other questions, closely related to those concerning the
admission to British territory of arrned Portuguese troops and
police, arose in connection withthe introduction by the Portuguese
into British territory of arms.Hr:re again, both in caçes of indivi-
duals bearing arms and in cases of consignments of arms sent by

the Portuguese Government across British territory, it is clear
from what happened that neithcr side regarded the Portuguese
aç possessing any peculiar rights. The ordinary municipal law of
British India was applied to these cases, subject to one or two
special concessions made by the British Government from time
to time.
128. The Indian Arms Act, 11378(hnnex C. No. 59), extended

to the whole of British India (and still extendç to the whole of
the Indian Union). Section 6 provides that no person shall bring
or take by sea or land into or out of British India any arms, am-
munition or military stores, except under a license (but this does
not apply to arrns, other than cannon, or ammunition imported or
exported in reasonable quantities for his own private use by any
person Ia~vfullyentitled to possess them). Sections 8 and 9 provide
for the imposition of duties on arms brought into British India.
Section IO ernpowers the Governor General in Coiincil to regulate
or prohibit the transport of any description of arms, aminunition
or military stores. The Indian Arrns Rules, 1879 (Annex C. No. 60),
made under the powers contained in this Act, provided for the
issue of licenses for the import and export of arms, ammunition
and rnilitary stores. In April 1880, the Governor General in Council
added to these Rules Rule 7~.(Annex C. No. 61.)Rule 7~ (a) pro-
vided that nothing in the Rules çhould be deemed to authorize the
grant of a license to import arms, ammunition or militai-y stores
from Portuguese India. Rule 7A (b) provided that nothing in the

Rules should be deemed to. authorize the grant of a license to
export to Portugueçe India any arms, ammunition or military
stores, unless they were exported for the exclusivese of, or covered
by a special import license issuedby, the Government of Portuguese
India. Rule 7A (6)was made in cornpliance with Article XVIII of
the Treaty of 1878. In 1895, thi: Treaty having lapsed, Rule 7A
(b) was repealed. (Annex C.No. 62.) Rule 7A (a) remained in force,
and \vas re-enacted in new Rules made in 1909 and in subsequent
re-enactments. (Annex C. No. 66.) The effect of kule 7~ ((1)was to
make it impossibIe for any arms, ammunition or rnilitary stores
to be sent from Daman to Nagar Aveli or vice versa or from any
other part of Portuguese India into British India, without the
special dispensation of the Government of India. As will appear,the Portuguese Government recopized this operation of the rule

by applying for such dispensation whenever they wanted to send
a consignment of arms acrosç British territoryThey never claimed
to be entitled to send arms, ammunition or military stores across
any part of British territory, or complained that Rule .7~(a) in-
fringed any right possessed by them.
129. Three instances may be cited of çuch application by the
Portuguese Government. On 3 November 1898, the Governor
General of Portuguese India wrote to the Governor of Bombay
(Annex C. No. 63), asking that the British police be directed to
offer no objection to the csrriage of certain rifles, bandoliers and
ammunition from Daman to Nagar Aveli. The necessary instruc-

tions were given to the district officers, and on2 Deceniber 1898
thc Governor General wrote (Annex C. No. 63) to thank the Gover-
nor for "the readiness and goodwill" with which he had granted
the request. The second of these three instances arose at the end
of 1914 On 21 December, the Portuguese Consul-General at Bombay
wrote to the Secretary to the Government of Bombay (Annex C.
No. 64, p. 496), asking for permission to send certain rifles and
cartridges from Goa to Nagar Aveli and certain guns and cartridges
back from Nagar Aveli to Goa. On 30 December, he wrote (Annex
C. No. 64, p. 498) saying that permission was required for passage
between Daman (not Goa) and Nagar Aveli. A minute (Annex C.
No. 64, p. 497)written in the officof the Secretary to the Govern-
ment pointed out that the Government of Bombay could grant a
license for theexport of the arms, but the import, since importa-
tion of arms and ammunition from Portuguese India was prohi-
bited under the Indian Arms Rules, 1909,Rule 7,could be sanctioned
only by the Government of India. The Government of Bombay
wrote to the Government of India about this on 31 December 1914
(Annex C. No. 64, p. IO), and the latter Government on 28 Janu-
ary 1915 (Annex C. No. 64, p. 500) sanctioned the importation
of the arms and ammunition from Daman to Nagar Aveli. Import
and export licenses (Annex C. No. 64, pp. 503-506) were accord-
ingly içsued to the Portugueçe Consul-General. A similar instance
occurred in 1917. On IO September the Secretary-General to the

Governrnent of Portuguese India wrote to the Secretary of the
Government of Bombay (Annex C. No. 65,p. 512)~ asking for an
authorization for the sending of certain arms, equiprnent and
ammunition from Daman to Nagar Aveli. The same procedure was
followed as in the last instance. The Government of india having,
on r.October 1917, sanctioncd the importation (Annex C. No. 65,
p. 5x4) irnport and export licenses (Annex C. No. 65,pp. 519-520)
were issued to the Governor of Daman.
130. Sections 13 to 15 of the Indian Arms Act, 1878, prohibit
the possession of arms, ammunition or military stores by any
person, except under a license. By notification of 6 March 1879 PRELIMINARY OBJECTION OF INDIA (IV57) I.55

(Annex C. No. 60), the Governor-General in Council exempted
from the operation of these sectioiis a number of classes of perçons,
including Europearis, other than British-born subjects of the Queen-
Empress, who were temporariIy residing or travelling in India.
Al1 Portuguese officers and officials not covered by this exemption
were always regarded by both British and Portuguese Govemments
aç obliged, under the Indian Arms Act and Iiules, both to obtain
licenses for their arms and to p~y duty on them. This appears

from the special concessions which were sometimes made, and
the Portuguese Government nevei- protested against the operation
of the Act or complained of the infringement of any right.

131. Thus, in 1893 the Government of Bombay proposed to
exempt from the operation of the Arms Act ail non-European civil
officials entitled toWear a uniform and sword, and al1 rnilitary
officers, of the Governrnent of Portuguese India. The Government
of India did not consent to this (Annex C. No. 67, p. 527) but
offered no objection to executivi: orders by the Government of
Bombay that Chapter IV of the Act (which included Sections
13 to 15) should not be enforcecl against such officials, and the

arms which they were entitled to 1:arry in Portuguese 1ndi;i should
be exempt from duty, in specified districts of the Bombay Presi-
dency. Accordingly, the Governor in Council ordered on 28 Decem-
ber 1893 (Annex C. No. 67, p. 528) that, "as a special caseJJand
"asa matter of courtesy", Chapter IV of the Act should not be
enforced against these officialsand officers"when travelling through
Districts through which the ordiriary routes by land or sea from
Goa to Daman pass"; and an order of 22 February 1894 (Annex C.
No. 67, p. 528) exempted from customs duty in the sarne districts
the arms which these officials and officers were entitled to carry
in Portuguese India. It is to be nclted that these privileges applied
only between Goa andDaman, and not between Daman and Nagar
!
Aveli. The Governor General of Portugucse India, writing on zo I
March 1894 to the Governor of Bombay (Annex C.No. 67, p. 5261, I
promised in return "equal privileges to British functionaries who
may pass through Portuguese India". !

132. On I March 1904, the acting Governor of Daman wrote
to the Collector of Salt Revenue at Bombay (Annex C. No. 47,
p. 435), asking that officials of Eiisdistrict crossing the frontier
for sporting purposes might not be required to get licenses for
their guns. In his answer of21 July 1904 (Annex C. No. 47,p. 439).
the Collector referred to the ordei of 22 February 1894 (Annex C.

No.67,p. 528), and regretted that he could not make any concession
beyond those alreadygranted. By an order of 4 March 1907(Annex
C. No. 68), the Government of Bombay extended the exemption
from customs duty, granted by the order of 1894, to the Iveapons
belonging to Portuguese officers piiçsing through Bombay en routeTlh PKELIhIINARï OBJECTION OF INDIA (IV57)

to Goa or other Portuguese possessions. The exemption still did
not apply to officers travelling between Daman and Nagar Aveli.
133. On II April 1908, the Commissioner of Customs, Salt,
Opium and Abkari wrote to the Secretary to the Government of
Bombay (Annex C. No. 69, p.532), referring to the orders of 1894

and 1907 and suggestirig that, as British officers from time to time
had occasion to pass through Castle Rock to Marmagoa, the Por-
tuguese authorities might be asked in return to allow British
officers to carry their personal firearms by rail across Portuguese
territory without restriction. This suggestion waç communicated
to the Governor General of Portuguese India; he answered on
13 July 1908 (Annex C. No. 69, p. 533). offering to allow British
civil or military officers travelling by the Marrnagoa railway to
carry a revolver ora gun free, and asking for "a similar concession"
for Portuguese civil or military officers. The Commissioner pointed
out, in aletter of15 October 1908 to the Secretary to the Govern-
ment.(Annex C. No. 69, p. 535),that the only return the I'ortuguese
could claim waç the sarne concession for the firearms of Portu-

guese officers passing frorn Goa via Castle Rock direct lo Daman.
The Governor ofBombay wrote to the Governor General on 13 No-
vember 1908 (Annex C. No. 69, p. 5361, stating that if British
officers passing through Goa on their way to British territory were
allowed to transport their firearms without let or hindrance, a
similar concession would be made to Portuguese officers passing
through British territory direct from one part of Portuguese terri-
tory to another. The Governor GeneraI, by his letter o21 Novem-
ber 1908 (Annex C. No. 69, p. 536),accepted this proposal.

134. It is thuç clear that the Portuguese ncver conceived them-
selves to possess any right to send or to carry arms across British
territory. They never alleged that any treaty, custom or principle
of law entitled them to ignore the ordinary municipal laiv of British
India. They never contended that any special rules applied to the
enclaves of Dadra and Nagar Aveli. Both Governments regarded
all matters of the carnage or consignment of arms within, or across,
any British territory as lying exclusively within the domestic
jurisdiction of the British Government.

The Post-British Period (1947 tu date)
135. After the withdrawal of the British Government from Tndia

in 1947, the Portuguese authorities seized the opportunity to
address anew to the Government of Bombay requests which they
had previously made without success in the days of British rule.
On neither side, however, was there any change in the fundamen-
ta1 attitudes and pre-suppositions which have already been illus-
trated. In making requests concerning transit of goods andpassage
of persons between Daman and Nagar Aveli, the Portuguese authori-
ties stiU made no attempt to rely on any right, whether existing PRELIhIINARY OBJECTION OF INDIA (IV57) I57
by treaty, custom or principle of IXWI.n dealing with such requests,
.
the Indian authorities guided themselves purely by considerations
of policy, and regarded the transit and the passage as matters
lying wholly within the domestic jurisdiction of India.
136. Thus, on 30 Decernber 1947 the Portuguese Consul at
Bombay wrote to the Governmerit of Bombay (Annex C. No. 58,
p. 485). repeating the request which had been made in 1941 (see
paragraph 124 above). He askcd Forgeneral permission for armed
soldiers to accompany the shroff (treasurer) of Daman whenever
he transferred money to Bombay, and to use their firearms in case
of any surprise attempt. The Chief Secretary to the Government
of Bombay answered on 23 February 1948 (Annex C. No. 58,p. 486),
referring to the letter of rr No-crember1941 (Annex C. No. 58,

p. 484) and stating that the existing procedure should continue,
unless there were special reason for a change. This existing procedure
continued to bc followed until October 1952, when escorts provided
by the Indian Government took the place of the Portuguese escorts.
(Annex C. No. $3, p. 486.)
137. On 27 November 1947, the Portuguese Consul at Bombay
wrote to the Government of Bombay (Annex C. No. 70, p. 5381,
complaining that a temporary customs house had been opened
at Pimpolia, for the purpoçe of preventing certain goods from en-
tering Nagar Aveli. He also complained that even such things as
wheat, flour and sugar were subject to duty when passing from

Damai to Nagar Aveli, and there were other things (such as salt)
the entry of which into Indian territory was prohibited altogether.
He proposed that the Portuguese and Indian Governments should
agree that no duty be demanded on goods, other than goods of
local production, transported from Daman to Nagar Aveli. The
Assistant Collector at Anand stated, in a letter of 20 February
1948 (Annex C. No. 70, p. 542). that the post at Pimpolia had been
established by the Civil Supplies Department, in order to prevent
more than specified quantities of rationed and controlled commo-
dities passing into Nagar Aveli. The Collector of Central Excise
passed this information on to the Chief Secretary to the Govern-
ment of Bombay in his letter of 5 March 1948. (Annex C. No. 70,
p. 541.) He added that, for al1 customs purposes Nagar Aveli was
considered Indian territory; so that imports from Daman, whether
for consumption in lndian territoi-y or in Nagar Aveli, were liable
to duty.

138. On 17 May 1949, the Governor of Daman wrote to the
Collector of Central Excise at Boinbay (Annex C. No. 71), asking
that the import of Daman salt into Nagar Aveli for local consump-
tion be permitted, The Collector, reporting this to the Secretary
of the Central Board of Revenue in a letter o4 June 1949 (Annex
C. No. .71)stated that the prohihition of the import of Daman salt
dating from 1895 (see paragraph 117 above) had been imposed

12158 PRELIhllNARY OBJECTION OF INDIA (IV 57)

to safeguard the salt revenue of the Government of India. The
'central excise duty on salt had been abolished in 1947 ,o there
was, in his opinion, no point in maintaining the embargo on Daman
salt. The Government of India accepted this view, and removed
the prohibition of the entry of Daman salt into Indian territory.
r:<g. In 1950, the Govern~nent of India made a considerable
concession, allowing al1 stores of the Portuguese Government to
pass from Daman to Nagar Aveli free of duty, if accompanied by

the Governor of Daman's certificate. Information of this is
containedin the letterof14June 1950 lfrom the Rilinistryof External
Affairs to the Portuguese Legation in India (Annex C. No. 72).
The concession {vaswithdrawn in 1954.
140. However, the most striking proaf of the attitudes main-
tained by the parties, up to the very eve of this litigation, is pro-
vided by the diplomatic correspondence consequent upon the
popular risings which took place in Dadra and Eagar Aveli in the
summer of 1951. Al1the Portuguese officiaiwere obliged by these

risings to withdraw from the enclaves. The Portuguese Govern-
ment, not being able to reconcile themselves to the liberationof the
enclaves, wished to send troops from Daman to suppress the risings
'and reduce the inhabitants again to submission to their authority.
A study of the diplomatic correspondence reveals that, even in
the face of thiscrisis, the Portugueçe Government continued simply
to ask for permission for the passage of their representatives, and
never sought to rely upon the rights which they now claim to
possess. It seems inconceivable that, if they had possessed such
rights of passage .over Indian territory, they would not in those
circumstances have insisted upon them.

141. On 23 July 1953, the Portuguese Legation at New Delhi
sent a note to the hlinistry of External Affairs (Annex C. No. 731,
referring to the visas which the Governor of Daman held for travel-
ling to Nagar AL-eli,and protesting against the action of the Indian
.authorities, taken on what the Legation described as "the pi-etcxt"
.that they had no instructions from their superiors, in obliging him to
.return to Dadra on his journey from Dadra to Daman on 21July. It
jsto be observed that the only protest made in this note was against

the turning back of the Governor. There was no suggestion that
the Governor, any more than any other alien, had a right to enter
Indian territory, or was above the ordinary law requiring the
production of passportç and visas.
142. On 24 July 1954, the Legation sent a note to the Ministry
(Annex C.No. 74) protesting against what they described as "arrned
.aggression" against Dadra. They alleged that the Indian Govern-
ment had hindered communications between Daman and the en-
claves, and also that the Portuguese Government had protested that

these hindrances were "offensive to the most elementary principles
1 SeeAnnex îa tMernorial, p. 55.[bytheRegistry.] PRELIMINXRY OBJECTION OF INDIA (IV57) I59

of good relationship and neighbourliness between states". There
was no reference, be it noted, to ariy right infringedhese alleged
hindrances. Likewise, the Legation did not threaten to exercise
any right of sending troops across Indian territory, but, in this
same note, asked for "the grant of the necessary transit facilities
to the Portuguese arrned forces and authorities". In a further note
of 26 July 1954 (Annex No. 75), the Legation rene~ved this
request, and asked also that delegates of the Governor of Daman
should be allowed to visit Nagar Aveli and Dadra. The Legation
referred in this note to "rights of others, which support passage
of delegates of the legitimate Goverriment". Nevertheless, they
described that for which they were asking as a "concession"; asked
separately that the delegates might be allowed to take a wireless
set with them; and, so far from insisting upon any right, offered
to limit the number of the delegates to tliree and to send them
unsrmed. The Ministry answered both these notes on 28 July 1954.
(Anncn C. No. 76.) They rejected the demand for passage of Portu-

guese troops and police, saÿing that they did not, and could not,
permit the movement of foreign troops and police on Indian soil.
They also were unable, ia view of thc tension and strong feelings
created by Portuguese repression, to allow a delegation to be sent
to the enclaves.
143. In a subsequent note, the Legation said nothing even of the
request to be allowed to send either troops or delegates of the
Governor of Daman into Indian territory. lnstead they suggested

that both Governments should cooperate in the appointment of
foreign observers. The Ministry suggested in reply that represent-
atives be appointed to discuss this proposal. The Legation an-
swered this ina note of 13August 1954 ,hich did contain areference
to transit. So far from relying upon, or even suggesting, any right
of passage or transit,the Legation wrotemerely that, if negotiations
were to take place, "it is naturally assurned that the Indian Gov-
ernment will not fail to assure the indispensable transit facilities".

144. The Legation, although addressing notes to the Ministry
almost daily, did not refer again, even indirectly, to the matter
of transit between Daman and Nagar Aveli until sending their
note of 22 August 1954 Annex C. No. 77.) In this note, the Lega-
tion alleged that the Indian Gov6:rnment was keeping Dadra and
Nagar Aveli "completely isolated", so that the inhabitants were
"deprived of the protection due from lawful authority". In the
same note, the Legation referred expressly to international law 1
and international obligations in connection with postal traffic and I
an alleged state of "economic t>lockadeJJ. It is specidy note-
worthy, therefore, that in referring to the supposed isolation of
Dadra and Nagar Aveli the Legation said nothing of international
law or obligations, and laid no claim to a right of passage. The
Ministry, in their note of 24 August 1954 (Annex C. No. 78), I60 PRELI~IINARY OBJECTIOX OF INDIA (IV 57)

described the aiiegations made in the Legation's note as "totally
unfounded".
145. In a note of 30 August1954 (Annex C. No. 79).the Ministry
repliedtn the Legation's note of 23 Jdy 1954 (Annex C. No. 73))
and denied the allegations made by the Legation in that note.

146. The Legation also, on 30 August 1954, sent a note to the
Ministry asking for information about the situation of some nuns
in Nagar Aveli. (Annex C.No. 80.) In this note the Legation alleged
that the Indian Government had produced a situation "which
unables [sic] the Portuguese authorities to enter in communica-
tion" with Nagar Aveli. There was, once more, no claim to any
right of passage, nor, on this occasion, any request for permission
to pas.

147. Of much greatcr significance, however, was another note
addressed by the Legation to the Ministry on the same day (30
August 1954-Annex C. No. 81). This note was devoted solely
to theone matter of access to Dadra and Nagar Aveli. Accordjng
to a statement made to the press by the Portuguese Minister of
Foreign Affairs, Dr. Paulo Cunha, on 30 August 1954, the Portu-
guese Government decided "to concentrate its whole atterition"
on this "single, very concrete and limited point, where there isa
crying need for immediate steps". In view of the great importance
thus attached to the matter by the Portiiguese Government, it
may bc supposed that they set out in their note every argument

available to them in connection with access to the enclaves. Yet
the note says nothing of anytreaty, custom or principle of law, and
lays no claim to any right.1t is simply another request for perrnis-
sion for access, and Dr. Cunha, inthe statementalready mentioned,
described the grantirig of such permission, asthe fulfilnient ofany
right enjoyed by Portugal, but as "this minimum of international
-collaboration".
148. In an answering note ofxSeptember 1954 (Annex C.No. 82),
the Ministry stated that, in view of the existing situation, they

could not grant facjlities for Portuguese authorities to cross Indian
'territory. The Legation sent a further note on 6 September 1954.
(Annex C. No. 83.) In this note theyalleged that the Indian Gov-
ernment was refusing to cooperate in any way with the Portu-
guese Government to rernedjr a "maniiestly illegitimate state of
affairs" in Dadra and Nagar Aveli; and went on to claim that
"such a refusal is contrary to the obligations of international law
and the standards of coexistence between States". It is to be
observed that, when "the obligations of international law" are at
last mentioned in the corresponde~ice, they are mentioned only in
connection with a vague allegation of "refusa1 to cooperate in
any way with the Portuguese Government" and with reference to
?coexistence between States". There is no allegation of the exist- PRELIMINARY OBJECTION OF INDIA (IV 57) 16r

ence of any particular obligation relevant to the question of pass-
age over Indian territory, and no reference to any of the so-called
rights, supposed to exist by treaty, custom or principles of law,
upon which the Portuguese application is nour based. Furthermore,
in tliis vcry note of 6 September 1954, the Legation went on to
refer to passage through Indian territory, abandoning their request
that Portuguese delegates be granted access to Dadra and Nagar
Aveli and asking instead that delegates of third countries chosen
by Portugal be allowed to go thither. In thus dealing with the very
matter of passage the Legation once more merely requested the
Indian Governrnent to "authorize the access" and made no sug-
gestion that access was secured to them by right. The Legation's
abandonment, as a result of the Indian objections, of their request

to be allowed to send Portuguese delegates across Indiari territory
is also absolutely inconsistent with the existence of any right of
passage. The Ministry answered this note on g September 1954
(Annex C. No. 84), pointing out that al1 foreign nationals wishing
to cross Indian territory had to comply with ordinary passport
regulations.
149. On 13September 1954 he Legation sent to the Jlinistry
a copy of a communiqué releasecl by the Portuguese Ministry of
External Affairs in Lisbon on the previous day (Annex C.NO.85).

This communiqué referred to the Indian Government's refusal to
dow Portuguese officials to travel to Dadra and Nagar Aveli. The
arguments used in support of that refusa1 did not, according to
the communiqué, "adjust themselves neither [sic] to the rights of
Portugal nor to the international duties of the Indian Union, who,
in this way and by their own attitude, place themselves in aposi-
tion of connivance with the acts committed in those territories".
It is dificult to believe that these tvords, contained in a mere state-
ment to the press, were intended by the Portuguese Government
to be a serious exposition of interriational law, when no such expo-
sition had been made in the many forma1 notes addressed by them
to the Indian-Government. It is also to be observed that the refer-
ence to "rights" and "international duties" is again absolutely
vague and undefined; no specific right of passage is even claimed;

and from the following tvords it appears that, if it can be supposed
that the author of the communiqué had any particular rights in
mind, those were rights arising inside the enclaves and not iii Indian
territory.
150. After this, although correspondence between the 1-egation
and the Ministry about Dadra and Nagar Aveli continued until
6 August 1955, the Legation never again made any request (much
less any dernand) to be allotved to send Portuguese officials, or
any one else, through Indian territory to those enclaves.

. 151. The subsequent correspondence did, however,.refer to one
matter of some significance. The Portuguese police and other162 PRELIBZINARY OBJECTION OF INDIA (IV57)

officials in Dadra and Nagar Aveli had in August 1954 sought
asylum in India. They were taken to Bombay, and theie applied
for visas to enable them to return to Daman. On 24 September
1954 ,he Ministry sent a note (Annex C. No. 86) to the Legation,
stating that these applications had revealcd that thirty-two of the
officials had been recruited in Goa and sent to the enclaves in
May and June 1954, without the perrnits required by Portuguese
officials for crossingndian territory; the Indian regulations had
thus been violated. The Legation replied on 16 November 1954

(Annex C. No. 871,impliedly adrnitting that the oficials had travel-
led from Goa and Daman to Nagar Aveli without permits, but
offering the excuse that they had not been recruited, and so had
not become officials, until they reached Nagar Aveli. The Legation
did not seek in any way to deny that Portuguese officialscrossing
Indian territory needed to bear permits in accordance with the
Indian regulations; thus once more admitting tacitly the right
of the Indian Government to regulate al1 passage across Indian
territory as a matter within its domestic jurisdiction. Furthermore,
the Legation referred in this same note to the "request" which
the Portuguese Government had previously made "that facilities

of transit be granted", and slthough they included in the note a
number of unfouiided accusations against the Indian Government
which they characterized as "most serious violations of the Law
of Nations", they did not suggest that the refusa1of the Portuguese
request for facilitiesof transit constitutedany violation of inter-
national law.

152. The final note about the enclaves in the correspondence
was sent by the Legation to the Ministry on 6 August 1955. (Annex
C. No. 88.)In it the Legation gave a general description of what
they alleged to be the state of affairs in Dadra and Nagar Aveli,
re1eatinU a number of old and CIoundless accusations. These includ-
ed the accusation of "offence against international km"; but,
once more, this referred to the alleged situation in the encIaves,
and not toany matter of passage over Indian territory. At the endof
the note, the Legation expressed the hope that the Indian Govern-
ment would end by "permitting the Portuguese suthorities to have

access to these territories". This they described as"a right of the
Portuguese StateJJ, but the phrase does not appear to have been
used as a serious description of the legal position. There was no
attempt to show any grounds on which the right was claimed,
nor any indication whether what was asserted was a right in law
or merely a "right" to which the PortugueseGovernment considered
themselves to be morally e~ititled.

153. In another note of the same date (6August 1955) the Lega-
tion informed the Rilinistry that, in accordance with the request
from the Government of India, the Legation was to be closed.
With this note the diplomatic correspondence ended. Another four PRELIMINARY OBJECTION OF INDIA (IV 57) 163

and a half months passed before the Portuguese Government made
their application to the Court. During these monthç, the Portuguese
Government (then represented in New Delhi by theBrazilian Embas-
sy) addressed to the Indian Government no request, no co~nplaint,
no communication of any kind whatsoever on the subject of access
to Dadra and Nagar Aveli. When previous requests (rnentioned
in the foregoing paragraphs) had been made for permission to send
Portuguese delegates thither over Indian territory, the Indian
Government had refused them on âccount of the situation then
existing. The Portuguese Government did not trouble, before
addressing their Application to the Court, to make any enquiry
whether the situation had changed so that access could be sllowed.
In the course of the correspondence, the two Governments had
reached a measure of agreement about negotiation and neutral

observation. The Portuguese Government did not see fit to take up
either ofthese possibilities before addressing their Application to
the Court. The note of 6 August 1955 does not appear from its
terrns to have been intcnded to conclude the correspondence, nor
does jtcontain any indication of a deadlock. Yet the Portuguese
Government never pursued the ctirrespondence further. Four and
a half moriths of silence followed. 16 December 1955, Portugal
was admitted to the United Nations, India voting in support of
her application for membership. Thereupon, without any communi-
cation or notice of any kind to the Government of India, the Gov-
ernment of Portugal launched the preçent proceedings.

154. Between 22 July 1954 and 6 August 1955, the Portuguese
Legation st New Delhi addressed to the Indian Ministry of External
Affairs on the subject of Dadra and Nagar Aveli more than forty
. notes. In al1 these ilotes, there was no reference to passage over
Indian territory except those mrmtioned in the foregoing para-
graphs. Even in these few references, the discussion of the matter
is always upon a political, rather than a legal, basis. Nowhere in
the correspondence is there any çerious and reasoned attempt to
claim a right of passage or any discussion of international law. AS

appears from the summary of the correspondence in paragraphs 141
to 153above, the Government of Portugal never atternpted a legd
formulation ofany claim ofright.The claimsmade by the Portuguese
Government in their Application to the Court were never put for-
ward at al1 before that Application u7aslodged.

155. ~iom this surnrnary of the story of Dadra and Nagar Aveli

in the Maratha period, the British period and the post-British
period the following factsernerge:
(i) the Marathas never ceded to the Portuguese any part of
the territory of the enclaves;164 PRELIhlINARY OBJECTION OF INDIA (IV 57)
(ii) the Portuguese never received from the Marathas sov-

ereignty over any part of the territory of the enclaves;
(iii) the rights connected with the enclaves granted by the
Marathas to the Portuguese were purely rights to receive revenue ;

(iv) these rights were revocable at the will of the Peshwa;
(v) the British Government entirely declined to recognize as
binding upon them sny priviIeges which might have been granted
by the hlarathas to the Portuguese affecting territory which
subsequently became British (in fact, there had never been any
such privileges) ;

(vi) throughout the period of British rule, the Portuguese
never claimed any right either of passage for persons or of transit
for goods over any British territory (eucept under the Treaty of
1878, and special agreements of very limited scope inentioned
above) ;

(vii) throughout the period of British rule, the Portuguese
frequently acknowledged, by making applications, by seeking
concessions and in other ways, that they had no right either of
passage or of transit over British territory ;
(viii) throughout the period of British ruIe, the British regarded
passage of Portuguese persons and transit of Portuguese goods

over British territory as matters lying entirely within their domes-
tic jurisdiction, to be allowed, forbidden or controlled according
to considerations of policy;
(ix) the Portuguese acquiesced in this view held bythe British ;

(x) after the transfer of power in 1947, the Portuguese did not
(until making their Application to the Court) claim any right
either of passage or of transit over Indian territory;
(xi) the Indian Government, like the British Government
before them, regarded such passage and transit as lying entirely
within their domestic jurisdiction, to be allowed, forbidden or

controlled according to considerations of policy;
(xii) the Portuguese continued to acquiesce in this view;

(xiii) there was much diplomatic correspondence about the
enclaves on a political basis without, however, any discussion of
the legal issues;
(xiv) this correspondence thus never reached a point at which
it could properly be said that it was not profitable to pursue it;

(xv) before Iodging their Application to the Court the Portu-
guese never put forward, either inthis diplomatic correspondence
or anywhere else, any of the claims which they now rnake. PRELIMINARY OBJECTION OF INDIA (IV57) 165

THESUB~IISSION OFSTHE GOVER~JMEN OT INDIA CONCERNING THE
ATTITUDE OF THE PARTIES ON 'THE QUESTION OF PASSAGE OVER
INDIAN TERRITORY BETWEEPJ DAAIAN AND THE ENCLAVES

156. The Government of India founds this Fifth Objection on the
fact that India, in her Declaration of 28 February 1940, stated
in the most express manner that çhe did not accept the co~npulsory
jurisdiction of the Court for disputes with regard to questions tvhich,

by international law, fa11exclusively within the jurisdiction of
India. In principle, as appears fi-omthe authorities cited in para-
graphs 161-169 below, the passage of Portuguese persons and goods .
over any part of Indian territory is a question which, u~der inter-
national law, falls exclusively within the jurisdiction of India. In
principlc also, as appears from the samc authorities, the particular
question of passage of Portuguese persons and goods over Indian
territory between Daman and the enclaves must equally be held
to be a question falling exclusively within the jurisdiction ofia,

unless there is clear evidence before the Court either of an express
grant of permanent rights of passage by the territorial sovereign
to Portugal or of the specific consent of the territorial sovereign
to the enjoyment by Portugal of permanent rights of passage.

157. In fact, as appears from paragraphs 111-154 above, the
evidence before the Court shows clearly that during a long period
preceding the filing of the Application by Portugal, the Government
of Iridia and its predecessor in sovereignty, the British Govern-
ment, consistently maintained that the passage of Portuguese
persons and goods over Indian territory betweeri Daman and the
enclaves were questions falling exclusively within the jurisdiction
of the territorial sovereign, In other words, sofar from the evidence
before the Court providing proof'of an express grant by India of
permanent rights of passage to Portugal, or of the specific consent

of India to Portuguese enjoyment of permanent rights of passage,
it shows the exact opposite, namely, that India, and before India,
the British Government, persistently claimed and exercised the
normal right of a territorial sovereign to treat the question of the
passage of Portuguese persons and goods as one exclusively within
its jurisdiction.

158. Moreover, the evidence fiirther shows that for a very long
time past the Portuguese Goverriment itself has consistently and
unequivocally recognized that the passage of Portuguese persons
and goods between Daman and the enclaves is a question falling
exclusiveIy within the jurisdiction of India. After the lapse of the
Treaty of Commerce and Extradition in 1891, passage between
Daman and the enclaves, whether of persons or goods, was dealt
with between the Portuguese and British/Indian authorities again

and again and year after year on the basis that it was a matter
within thc sole discretion and exclusive jurisdiction of India.r66 PRELXSIIKARY OBJECTION OF INDIA (IV 57)

Portugal again and again and year after year recognized the
exclusive competence ofthe territorial sovereign to regulate pas-
age over its territory and this attitude on thepart ofthe Portuguese
Government continued until the time of the filing of the Portuguese
Application.

159. Accordingly, the Govemment of India submits:
I.(a) That a summary view of the historical facts leads
inevitably to the conclusion that the matters now in dispute
have for a long time past been treated by each of the interested

States as relating to a question falling exclusively within the
jurisdiction of India; and
(b) That, since the matters in dispute relate to a question
which is, in principle, a question falling exclusively within the
jurisdiction ofIndia, theattitude of the interested States referred
to in (a)above isconclusive to establish that the present dispute
is one relating to a question which, by international law, falls

exclusively within the jurisdiction of India;
2.(a) That a summary view of the historical facts leadç
inevitably to the conclusion that Portugal has unequivocally
recognized that the matters now in dispute relate to a question
falling exclusively within the jurisdiction of Ind;and

(b) That Portugal's past recognition of India's exclusive com-
petence in the matters now in dispute is conclusive to establish
that the present dispute is one reIating to a question tvhich, by
international law, falls exclusively within the jurisdiction of
India;
3. That the present dispute for each and both of the above

reasons is one which is excepted from India's acceptance of com-
pulsory jurisdiction under the Optional Clause by the express
terms of her Declaration of 28February 1940; and
4. That, in consequence, the Court is without any jurisdiction
to entertain the Portuguese Application of 22 December 1955.

THE SUBMISSION SF THE GOVERNMEN OF INDIA IN RI~GARIITO
THE L.4W DETERMINING THE NATURE OF THE DISPUTE FOR THE
PURPOSES OF THE FIFTHOBJECTION

160. In addition, the Goveniment of India contends that simply
as a matter of law the present dispute is a dispute relating to a
question which falls exclusively within the jurisdiction of India
and, as such, is excepted from India's acceptance of the Optional
Clause by the express terms of her Dec1aration:This contention
is founded upon four propositions. First, passage over Indian terri-
tory, whether of persons or goods, is a question which falls exclu-
sively within the jurisdiction of India. Secondly, in consequence of

this principle and by reason of the express exception in India's PRELIJIINARI' OBJECTION OF INDIA (IV 57) 1~7

Declaration under the Optional Clause, the burden of proof is upon
Portugal to establish that the matters in dispute do not fa11exclu-
sively within the jurisdiction of India. Thirdly, this means that
Portugal must establish that a summary view of the relevant facts
and the applicable law justifies the provisional co~iclusionthatthe
matters in dispute raise points of international law which are of
real importance juridically for determining India's legal position
vis-&vis Portugal with respect to them. Fourthly, the pointsrelating
to treaties, local and general custom and general principles of law

mentioned in the Portuguese Mernorial do not, on a summary
view of the relevant facts and applicable law, justify the provisional
conclusion that they are of any real importance juridically for
determining India's legal positictn vis-ci-vis Portugal with respect
to the matters in dispute.

The Exclztsive Jurisdiction of the ~Terri2oriaS.lovereign

161. As a matter of law the regulation and control of all persons
and goods in Indian territory a.re necessarily matters whicli in
principle fa11 exclusively within the jurisdiction of India. The
exclusive right of every State by rcason of its sovereignty to regu-
late and control perçons and things within its own boundaries is
a fundamental doctrine of interna.tiona1 law. As was said by Judge
Huber in the Island of Palmas case (1928, 2 Reports of Intevnafional
d rbitrdl -wards 829, at p. 838) :

"Sovereignty in the relation: between States signifies indepen-
dence. Independence in regard to a portion of the globe is aright
to excrcise therein, to the exclusionof any other State, the functions
of a government. The developnient of the national organization of
States during tfie lasfew centuriesand, as a corollary, the develop-
ment of international law, have establishedthis principle of the
exclusivecornpetenceof theState in regardta itsown territoryin such
a way as to make it the $oint of departurein settlingmost questions
thatconcernifiternationnirelations."
Itis not disputed that a State rnay consent, especialiy by treaty,
to some restriction upon its territorial sovereignty. But the general
de is clear that a State has com~ilete power and discretion to deal
with mat ters within its boundaries as italone thinks fit.

162. In the well-known case of the Schooacr Exchange in the
Supreme Court of the United States (1812, 7 Cranch 116) concern-
ing the status of a foreign warship in United States waters, Chief
Justice Marshall ernphasized that it is only with its agreement that
the exclusive cornpetence of a Statein its own territorymay become

subject to legal restrictions:
"The jurisdictionof thenatio+wz ithin its ownterritois ~zecessarily
exclusiveand absolz~teI.tissuso~ptibleof no limitation not imposed
by itseliAny restriction upon it, deriving validity from aexternal
source,would imply a diminution of its sovereignty to the extent168 FRELIMINARY OBJECTION OF INDIA (IV 57)
of the restriction,and an investment of that sovereignty to the
same extent in that power which could impose such restriction.
Ali exceptions,therefore,to the fullnd covnpletegower of a nation,
within its omnterritories,must betraceztp to theconsentofthenation
itself. Thecan floze,from no othevlegitimatesowce."

The regulation and control of persons and goods within the
territory of India are thus matters with respect to whicli it could
only be shown that they are not in the exclusive jurisdiction of
India by clear proof that India had specifically consented to some
particular restriction upon her territorial sovereignty.

163. In paragraph 42 of the Memorial the Portuguese Govern-
ment solemnly declares that ithas no wish to rest its claiins on the
theory of servitudes and represents that any incursion into this
field would rnerely confuse the situation "by introducing notions
which are not relevant to the juridical reality involved in the dis-
pute". It then proceeds to emphasize that the right of passage
claimed by Portugal is based on treaty, custom and general prin-
ciples of law. The Government of India equally has no desire
to embark in the present pleading on an elaborate discussion of
the controversial theory of servitudes. It cannot fail, however,

to observe that the anxiety of the Portuguese Government to
avoid any consideration of the theory of servitudes by the Court
is due tothe fact that there is a great weight of authority in favour
of the view that in international law a right in the territory of
another State of the nature of a servitude must originalIy have
been derivedfrom the expressagreement of the territorial sovereign.
Once originally created by the agreement of the territorial sover-
eign, the right rnay in sorne circumstances become binding upon a
successor Stste without its agreement. No doubt, the Portuguese
Government rnay disclaim the theory of servitudes as a hasis for
its alleged rights. But it cannot by that simple means get rid of
the difficulty that rights in the territory of another State of the
nature of those which it claims in the present case can only be

derived from the express grant or specific consent of the territorial
sovereign. For the rights which Portugal daims over Indian terri-
tory would constitute permanent restrictions on the territorial
sovereignty of India analogous to servitudes and are rights which
in international law could only arise from the express grant or
specific consent of the territorial sovereign.
164. The opinion of Oppenheim and Lauterpacht (Vol. 1, 8th
ed., 1955, Section 203) is clear that rights of passage and other

rights analogous to servitudes in or over another State's territory
are only to be derived from the specific agreement of the territorial
sovereign :
"State servitudes are thosc exceptional restrictions made by
treatyon the territorial suyremacyof a State by which a part or the
whoIe of its territory is in a limited way made perpctually to serve PRELIMINARY OBJECII'ION OF INUIA (IV 57)
=hg
a certain purposc or interest of anothcr State. Thus a State may
by a conventionbc obligcd to allow the passage of troops of a neigh-
bouring State, or may in the interest of a neighbouring Statc be
prevented from fortifying a certain town near the frontier."

SimiIarIy, Professor Sibert (Trait de droit i?zternationnE$zsblic,
Vol. 1, p. 383) says:

"Dans tous les cas, les servitudedu droit des gens,parce qu'cllcs
co~istitue~itdes restrictions à la souveraineté des Etatne peuvent
êtreqzteconventionnelles.La volonté expressedes parties les établit."
Again, Dr. G. Crusen, in his 1.ectures at The Hague Academy

on "Les servitudes internationales" (Recueil des Co~rs, 1928, Vol.
II,p. 30), after examining the views of writers concerning servitu-
des, concluded :
"En résumé,nous n'avons pas trouvé, jusqu'à présent, de ray-
ports juridiques entre Etats souverains qu'faut caractériser comme
servjtudcs d'aprèsles lois delalogique ou les règles du droit inter-
national positif. Comme cependant ces rapports ont étii, de nos
jours, multipliéspar les événementset sont analysés par la science
ju~idique, il faut chercher uri crithriiim de ~Iassification. Cette
recherche nozts montrera que rien ne nous empêched'lappliqzter &
ces restrictions de la souveraineté lesrègles généraleigagées pour
les [email protected] s'agi en fai te droits contractuels
entre les Etats."

F. A.VaJi, another writer who made a special study of the subject
(Servitudes of International Law, 1933, p. 227), took much the same
view :

"According to writers of the later part of the 19th century,
thcre werc two sources of international servitildes: tretities and
acquisitive presciiption. The latter method was supposed tooperate
when thcre has bcen use or possession from time immemorial.
Whereas the old German writers on international servitudes
had occasion to refer to cases in which servitudes were cieated by
acquisitiveprescription,based on rules derived from German Public
Law, hardly any modernwviter has succeededin finding a casewhere
a right in joreign territory has actztallybeen estahlishedin such a
manner. I'herefore, it seems qzcileunnecessary to distingzcish this
other method of creating an international servitude."

Professor H. D. Reid, who dsci wrote a monograph on interna-
tional servitudes (International .Servitudes in Law and Pr~ctice,
1932, p. 16), expressed the opinion that "No riglit can 1)e legiti-
mately classified as a servitude uiiless it rests fundamentally upon
international agreement, tacit 01: express". Professor Reid then
continued :

"Consequeritly, most servitudes are created by forma1 inter-
national compact, although the possible existence of 'natural'
s-rvitudes is still a moot question, and some writers assert the
possibility of their establishment by prescription or immemoria!I70 PRELIMIXARY OBJECTIOS OF INDIA (IV57)

usage. In case of doubt, the presumption is always .against the
existenceof the scrvitude and it is always necessary to prove the
been prescriptive rightsSof someorimportance, modernghpracticehas
tended to clniln the belzofa servitudeo?zEyon thegroundof a treaty
grant,except for certain rights of innocent use, such as the passage
ofmerchant vcssels through the coastal waters of another State."

165. The principlc that rights of passage and other rights ana-
logous to servitudes in another State's territory are only to be
derived from the express grant or specific consent of the territorial

sovereign receives confirmation from the jurisprudence of inter-
national tribunals. In the well-known North Atlantic Fisheries
Arbit~alion (1910, \Vilson, The Hague Arbitrafion Cases, p. 134),
a Treaty of 1818 between Great Britain and the United States
had granted to the United States fishermen the right to fish in
Canadian bays, and the United States claimed that its fishermen
could not be subjected to the fishery regulations of Great Britain
in Canadian waters without its consent. The United States contend-
ed that the Treaty constituted the grant of an international
servitude derogating from the sovereignty of Great Britain and
Limiting her right to regulate independently fishing within her
waters. The tribunal, inter dia,held:

(1) There was no evidence that the doctrine of international
servitudes was known either to American or British statesmen in
1818 (p. 158).
(2) -4 servitude in international law predicates an express
gra?& of a sovereign right, whereas a right of fishery in the opinion
of the tribunal was merely an economic right (p. 158).

(3) The doctrine of servitudes is little suited to the principle
of sovereignty in the modern State system, and for that reason
has found little support among modem publicists. In conse-
quence, the doctrine could only be affirmed by thi: tribunal
on the express e7iide~zcef an internationni coutt~act{p. 159).

In the present case, the rights of passage claimed by Portugal
across Indian territory clearly impinge directly on India's sover-
eign power to regulate the movements of persons and goods within
Indian territory, and itis manifest that the tribunal in the North
AtlagzticFislzeriesArbitratioa considered that such rights can only
be obtained by express grant or international agreement.

166. In the North AtlagzticFisheriesArbitration,the United States
also contended that in consequence of the rS18 Treaty, there was
somewhere a line beyond which Great Britain, in making regula-
tions'for the fishery, waç not competent to go, or could not rightly
go without invading the rights of the United States under the
Treaty. As to tkis contention, the tribunal said (p. 168) : PRELIMINARY OBJECTION OF INDIA (IV 57) I7I

"A line which wouId limit the exercise of the sovereignty of
a State within the limits of ils own territory can be drawlz only
012theground of express stipul(ttioand not by implication from
stipulationsconcerning a different subject matter."
Thus the tribunal here again emphasized that a restriction on
the sovereignty of a State withiri its own territory must have as

its basis the express agreement of the territorial sovereign.
167. In the Advisory Opinion on RaiZway Tragic betvleenLithzt-
ania and Poland (1931 Series Al13 No. 42, p. 108), the Permanent
Court of International Justice was asked whether the international
engagements in force obliged Lithuania to take the necessary

rneasures to open for traffic a damaged section of a railway in
Lithuania which also ran through Polish territory. One of the
relevant international instruments in force tvas Article 23(4 ofthe
Covenant of the League, which read as foIIows:
"Subject to and in accorda.nce with the provisio~is of inter-
national conventions existingor herenfter to be agreed ilpon, the
Members of the League :

(e) will make provisionto secure and maintain freedom of com-
munications and of transit and 1:quitable freedomforthe commerce
of al1 Members of the League."

The Court held that under this text, specific obligations to provide
for freedom of communications and transit could only arise from
"international conventions existing or hereafter to be agreed
upon". It then added (p. 113):
"If this interpretation is correct, it isimpossible to deduce
from the gencral rule containecl in Article 2(e) of the (',ovenant
an obligation for Lithuania to open Landwarow-Kaisiadorys rail-
way sector for international traffic or for part of such trafsuch
obligationcould onlyresult froma sfiecial agreemejzt."

It istrue that owing to the way in which the request for the
Advisory Opinion had been fomulated, the Court was only con-
cerned with the international contractz~alengagements of Lithu-
ania in regard to the particular railway sector. Nevertheless, the
Court's view that an obligation for Lithuania to provide for freedom

of communications and transit within Lithuanian territory could
only arise from a special agreement is in line with the attitude of
the tribunal in the North Atlantic FisireriesArbitratiow, and with
the opinions of writers which have been cited in paragraph 164
above.

168. The jurisprudence of inti:rnational tribunals also makes
clear that restrictions upon the sovereignty of a State within its
own territory are not to be inferred except from clear evidence of
the intention of the territorial sovereign to submit to the restric-172 PRELIhlINARY OBJECTION OF INDIA (IV 57)

tion. The gexieral rule was stated by the Permanent Court of Inter-
nationaljustice in the S.S. Lotus Case (1927, Series A, No. IO,p. 18),
where it said that restrictions upon the independence of States are
not to be presumed. Applicd to treaties, this rule means that in
case of doubt the treaty is to be interpreted as not imposing a
limitation upon sovereignty. Thus, in the Free Zones Case (1930,

Series A, No. 24, p. IZ), dealing with the contention of Switzerland
that the establishment by treaty of a free zone precluded France
from collecting taxes at the political frontier of the zone, the Court
said :
"Whereas, though the settlement to be prescribed by the Court
with regard to al1the questions involved by the execution of para-
graph 2 of Article 43j of the Treaty of Versailles must respect
the rights which Switzerland derives from the provisions of the
treaties of 1815and other supplementary instruments relatirig to
the free zones, this settleinent must also respect the sovereignty
of France over the territories in question; as this sovereignty is
cornfileteand unim$aired in so furas il is not limited by the ajoresaid
treaties; as no obligation going beyond these treaties caîz be imfiosed
072France zpiidkouhcr consent;
Whereas it is in the light of the foregoing considerations that
the question of the so-calied"control cordon"(cordonde surveillance)
must be envisaged; as France's right to have a police cordon at
the political frontier of the zones has hardly been questioned
by the Swiss Government; as, on the other hand, the latter dis-
putes the right of Francc to collect duties and taxes at tl-iisfrontier,
even ifthese charges are not duties on the importation or exporta-
tion of goods,but are duties and taxes which are also levied on the
same articles produced or manufactured in France; as such a restric-
tion does not necessarily follow from the obligation contracted
by France under the provisions of the treaties of181 jand the other
supplementary instruments relating to the free zones, and as, in
casc of doubtalimilation of sovereigntymust beconstruedrestrictively."

The Government of India, as has previously been emphasized,
does not dispute that a restriction upon a State's sovereignty, even
within its own territory, may result from an express and clear agree-

ment imposing the restriction. But it is entitled to insist in the
light of the above international jurisprudence that any such restric-
tion could only result from the clearest evidence. In this connection,
it draws attention particularly to the case of the S.S. Wimbledon
(1923, Series A, No. I), where the Court waç called on to consider
whether Germany's sovereign rights as a neutral in time of war in
regard to passage through the Kiel Canal had been limited by the
terms of Article 380 of the Treaty of Versailles. The Court held
that the clear meaning of the Treaty was to grant free passage to
the vessels of al1 fiags, both in time of peace and war, but it went

out of its way to intimate that it would not have felt itself entitled
to infer ariy such restrictionupon German sovereignty in theabsence
oj a plain indication in the Treaty. For it said (p. 24): PRELIlLlIKARY OBJECTION OF INDIA (IV 57) I73

"The Court is not called upcin to take a definite attitude with
regard to the question, which iç moreover of a very controversial
nature, whether in the domain of international law, there really
exists servitudes analogous to the servitudes of private law. Whether
by virtue of a contractual oldigation undertaken towards the
Powers entitled to bcnefitby the terms of the Treaty of Versailles,
to allow free access to the Kiel Canal in time ofwar as in time of
peace to the vessels of al1nations, the fact remains that Germany
has to çubmit to an importani: limitation of the exercise of the
sovereign rightswhich no one disputes that she posçessesover the
Kiel Canal. This fact constitutes a suficient reasfor the restrictive
interpretationin case of doubt, of the clause which $roduccs suchn
limitation. But the Court feels obliged to stop at the point where
the so-called restrictive interpretation would be contrary to the
plain terms of the article and would destroy what has bcen clearly
granted."
169. The Government of India contends that the consistent and

weighty authorities cited in paragraphs 161 to 168 above show
conclusively :
(1) That in principle the passage of Portuguese persons and
goods over Indian territory between Danian and the enclaves
is a question which, by international law, falls exclusively within
the jurisdiction of India;
(2) That the burden is upon Portugal to establish the contrary;

(3) Tliat it is open to Portugal to establish the contrary only
by proof of an express grant of permanent rights of passage by
the territorial sovereign to Portugal or by proof of the specific
consent of the territorial sovereign to .theenjoyment by Portugal
of permanent rights of passage; and
(4) That any such express grant or specific consent inust be
proved by clear and unequivocal evidence of the intention of the
territorial sovereign to submit to permanent restrictions on its

exclusive cornpetence within itsown territory.

Portugal has to establish Eegalprounds of ïeal juridical importance
#or determining the dispute
170. Portugal, inorder to establish that the matters in dispute

do not fali exclusively within the jurisdiction of India, has to put
fo~llrard legal grounds requiring the Court to hold that in intema-
tional law the matters in dispute are not exclusively within the
jurisdiction of India. The Government of India contends, however,
that it is not open to Portugal to circurnvent and evade India's
express exception from her Declaration of disputes with regard to
questions whicli, by internationd law, fa11exclusively within the
jurisdiction of India merely by the process of dressing-up snme
pretended grounds of claim, and then alleging that the subject-
matter of the dispute does not fa11exclusively within the jurisdic-I74 PRELIEilINARY OBJECTION OF INDIA (IV 57)

tion of India. The Portuguese Government, in the view of the
Government of India, must at least establish legal grounds of claim
which, on a summary view of the facts, justify the provisional
conclusion that they are of real importance juridically for deter-
mining the rights of the parties. Authority for this proposition is
to be found in the Court's Advisory Opinion on the Nationality
Decre3s in Tugzis arid Morocco (1923, Series B, No. 4, pp. 25-26),
where the Court was dealing with a question-nationality law-
which, like passage of persons and goods, is considered by inter-
national law to be in principle within the exclusive jurisdiction of
the territorial sovereign. The Court there held that the matter in
dispute would cease to be exclusively (solely) within the jurisdic-
tion of France, the territorial sovereign, only

"when oace itafipears that the legal grou?zds reliedolzare szlch
as to jzlstify the provisional co?zclztsiontkthey are of jztridical
im,4ortmzcefor the disfiusztbmittedlo the Council(of the Lcague),
and that the questionwhether itiscomyetent for one State to take
certain rneasures is subordinated to the formation of an opinion
with regard tothc validity and construction of these legal grounds".
In the above passage the Court clearly envisaged that the legal
grounds put forward by France must, on a surnmary view of the

case, appear to have a real importance juridically for the determina-
tion of the dispute.
171. The spccific legal grounds of daim put fonvard by Portugal
in paragraphs 53-58 of the Mernorial are certain restrictions upon
India's exclusive jurisdiction alleged to arise from (a) treaty,
(b)custom, and (cl general principles of law. The Eirstcomment to be
made upon these pretended legal grounds of claim is that nothing
was heard of them before Portugal began the proceedings in the
present case. One treaty there certainly was, which imposed a few

restrictions upon the Tndian authorities in regard to the passage
of Portuguese persons and goods, narnely, the Treaty of Commerce
and Extradition of 1878. This Treaty, however, was brought to an
end in 1891, and from 1891 to 19 December 1955 there is notrace
whatever of any Portuguese claim of right in regard to the passage
of persons and goods, either in the diplomatic correspondence be-
tween the Governments or in the officia1correspondence between
their respective local authorities. Even after the liberation of the
enclaves by the Goans in July 1954, when she began insistently tu
ask for transit facilities for her atmed forces and officiais,Portugal
did not invoke the legal grounds which she now puts forward as
entitling her to permanent rights of passage for Portuguese persons
and goods in derogation of the exclusive jurisdiction of India in
her own territory.

172. The attitude of the PortugueseGovernment and local authori-
ties, which is revealed in the diplomatic and officialcorrespondence,
shows quite clearly that they did not regard themselves as entitIed PRELIMINARY OBJECTION OF INDIA (IV57) I75

to claim transit facilities across Indian territory as a matter of legal
right and obligation, but only asZLmatter of comity and discretion,
This fact by itself, in the view of the Government of India, justifies
the Court in reaching the conclusion that the legal grounds of
claim put forward in the Memorial lack any solid basis and are not
juridically of importance in deteimining the legal position of the
Parties with respect to the passage of Portuguese persons and goods
over Indian territory between Daman and the enclaves. The same
conclusion results from the examination of each and every legal
ground of daim, put forward by Portugal in the Memorial, which is
undertaken in the following paragraphs.

Trcaty

173. The clairn of the Portugiiese to be entitled to rights of
passage irnplied from the Treatyof 1779, when read in conjunction
with certain grants made by the Maratha ruIer with respect to
Dadra and Nagar Aveli, isextremely far-fetched. The Treaty
itself contained no reference to aIiy rights of passage in favour of
the Portuguese. On the contrary, it is a striking fact that the only
right of passage mentioned in the Treaty was one reserved in favour
of the Marathas by which they wcre to be entitled to passage into
their territories through the ports in the Portuguese possessions
on the coast. The Portuguese Govemment is therefore driven to
argue that the permanent rights of passage between Daman and
the enclaves, to which it now pretends, are derived by implication
from certain grants with respect to the enclaves made to the Por-
tuguese by the Maratha ruler in 1783 in pursuance of Article 17

of the Treaty of 1779. But the grant to the Portuguese was a grant
of the revenues of the villages of the enclaves, not of the sovereignty
of the territory, and the villages first assigned to the Portuguese
in 1780 in Saranjarn tenure in order to provide the promised revenue
were not the villages of Dadra artd Nagar Aveli. 'Thelatter were
substituted for the original villages in 1783 by a Sanad granting
to the Portuguese Saranjam teniire of the villages of these two
districts. Moreover, Saranjam tenure is a revenue tenure wkich is
terminable atwill and the evidence is clear that the hlarathas were
in fact contemplating the revocation of the Saranjam gi-antç of
the villages of the enclaves when their territories were conquered
and annexed by the British in1811 8paragraph 88 above).

174. Thus, the claim now being made by Portugal is that, 6y
mere implication, /rom revocablerevenue grants made in pursuance
of the Treaty of 1779, she obtained $e~manentrights of passage for
Portugueçe perçons and goods, including represeritatives of her
authorities and armed forces, over Indian territory. The Govern-
ment of India submits that this claim to a permanent servitude-for
such it would be-over Indian territory on the basis of grants.
revocable at will made 174 years ago is completely fantastic, quite17~ PRELIMINARY OBJECTION OF INDIA (IV57)

spart from the fact that the Treaty of1779 itself and the Sanads
made under it are, legally, as dead and extinct as the Maratha
Ruler who executed them.
175.As to the legai status to-day of the Treaty of1779 and the
Sanads made under it, the evidence is clear that the British authon-
ties, after their annexation of the Maratha territories in 1818,
declined to regard these acts of the hlarathas as in any way binding
upon the British Government. Whatever view Portugal may have
held on the matter in 1818, the Treaty and the Sanads were never
once applied between the Portuguese and the British and nothing
at al1 was heard of any Portuguese claims to rights under those
instruments for nearly a century before the commencement of the

present proceedings.
176. In these circumstances, the Government of India submits
that there can be no possible question of the Treaty of 1779 or
the grants of the Marathas being of any juridical importance to-
day for determining the legal position of the Parties with respect
to the passage of Portuguese persons and goods betweenDaman and
the eiiclaves.

177. Furthermore, if the Portuguese Government were success-
ful in raising these ghostly instruments of the Maratha period from
the dead, despite two changes in the Sovereignty of the territory,
it would be faced with the embarrassing fact that its claims tthe
enclaves themselves were founded on Saranjam grants terminable
at wiil.

178. The Portuguese Government in paragraphs 49-51 of the
Mernorial bases its clairn to rights of passage also on custom, alleg-
ing that there is a local customin regard to passage between Daman
and the enclaves and that this local custom is simply an application
of a general rule of customary international law concerning transit
facilities with respect to enclaves.It contends that "transit be-
tween Damào and the enclaves or between the enclaves themçelves
corresponds to an ancient, continuous and uniform usage, observed
as a right of the Portuguese State and as an obligation of the
bordering State",

179.The establishment of customary nghts, such as Portugal
claims, requires proof not merely of a usage but of a usage accom-
panied by an opznio @ris, that is, accompanied by a conviction
that the usage is an expression of a legal right011one side and a
legal obligation on the other side:the Asylum Case(I.C.J. Reports
1950, p. 266, at p. 276).This is true of the establishment of a local
no less than of general custom, as the Portuguese Government itself
recognizes wheri it refers to a "usage observed as a right of the
Portuguese State and as an obligation of the bordering State". PRELIMINARY OBJECTION OF INDIA (IV 57) I77
Accordingly, in order to show that the question of passage between
Daman and the enclaves is not a question exclusively within the
jurisdiction of Indiby reason of a locaI or general custorn, Portu-
galhas to establish botha usage in regard to passage and an opinio

jzlriwith respect to that usage on the part of Portugal and the
territorial sovereign.
180. The Portuguese claim to enjoy a right ofpassage over Indian
territory by virtue of a local custom depends upon the history of
the dealings between the Portuguese and the successive sovereigns
ofthe territory lyng between Daman and the enclaves. 'Thishis-
tory is set out inetail in paragraphç 65 to 155 above. The inevi-
table conclusion to be drawn frorn that history is that no Iocal
custom either of passage or of transit has ever existed.

181. In so iar as Portuguese armed forces or police u-ere ever
allowed passage over British (or, later, Indian) territory between
Daman and the enclaves, it was always, except between 1879 and
1891, in pursuance of specific local arrangements made from time
to time and subject to unilateral termination or modification by
the State granting the passage. Between 1879 and 1891, the clues-
tion was governed by the provisions of the Anglo-Portuguese
Treaty of Commerce and Extradition. On occasions not covered by
any special administrative arrangement's, passage of armed forces
or police took place only if the Portuguese had first asked for, and
obtained, the authorization of the British Government.The repeated
recognition by the Portuguese, hoth explicit (see paragraph 122
above) and implicit in their actions, of the necessity of such authori-
zation on each occasion shows that no binding local custom existed.

182. The same is true of transit of goods. Whenever the Portu-
guese authorities wished to send goods through British territory
without complying with the ordinary municipal law and regulations
of that territory (for example, without paying customs duties),
they sought permission. When their requests were refused, they
never claimed any customary right, or attempted to send the goods
without payment of duty in spite of the refusal. Even complete
embargoes imposed by the British Government were accepted by
the Portuguese Government without complaint. The British
Governrnent, on its side, made, terminated and modified any par- 1
ticular arrangements for the passage of goods as circums~ances
or its policy dictated. This is wholly inconsistent with the existence
of any binding local custom.

183. Furthemore, it is established that no custom has binding
force in international law unless supported by an opinio juris.
From the whole kistory of the :Portuguese occupation of Dadra
and Nagar Aveli, it is clear that no opinio juris has ever existed.
Whatever may be the precise meaning of opinio juris, it is trans-
parently clear that neither of the two Parties had any sense of17~ PRELIMINARY OBJECTION OF INDIA (IV 57)
legal right and obligation on the occasions when passage took place
other than those covered from time to time by express agreements.
Right up to August 1955, the language and the behaviour of the

Portuguese on the questions of passage and transit showed that
they never conceived thernselves to possess a right to either. Simi-
larly, the British Government, and subsequently the Indian Gov-
ernment, quite clearly never regarded themselves as being in this
matter under any obligations. This absence of opinio juris, no lesç
than the absence on the Portuguese side of any attempt ever to
assert a right to passage or to transit not based upon explicit
agreement, is fatal to the Portuguese assertion of a local custom.

184. A surnmary view of the relevant facts and the applicable
principles of law also leads inevitabiy to the conclusion that the
Portuguese claim to rights of passage under general customary
law is equally of no juridical importance for'determining the legal
position of the Parties with respect to passage between Daman and
the enclaves.In the first place, the jurisprudence of the Court itself
has established the principle that, even where a general custom
can be proved, a State which has persistently adopted a different
attitude in its own practice is not bound by the general custom;
Anglo-NorzeiegianFisheries Case (I.C.J. Reports 1951, p. 116, at
p. 131). In the present case the evidence is clear that the British
and, after them, the Indian authorities persistently adopted the
attitude that the passage of Portuguese persons or goods between
Daman and the enclaves was a matter exclusively within their
discretion and jurisdiction. Consequently, the question whether
general customary law does or does not recognize a right of passage
to and from enclaves across intervening territory is altogether

beside the point. Even if the Portuguese Government were able
to establish such a general customary rule, the Government of
India would not be bound by it with respect to the Indian territory
lying between Daman and the enclaves.
185. In the second place,there is no basis for the Portuguese
contention that there exists in internationallaw a general custom
recognizing a right of passage to and from enclaves across inter-
vening territory. Indeed, the Portuguese Government makes no

attempt in paragraph 51 of the Memorial to provide the Court
with any authority for the existence of such a general custom. Al1
thatit does is to list seven enclaves, in addition to Dadra and Nagar
Aveli, and to assert that "access to these enclaves by the States
possessing sovereignty over them has always been admitted".
There is not the slightest information providedeither inthe Memo-
rial or in the annexes to the Memorial concerning the regimes
actually applied in regard to access to these seven enclaves. Nor
has the Portuguese Government thought fit to tell the Court whether
the "access" that it asserts "haç always been admitted" to these
enclaves, includes the passage of goods, officials, police and armed PRELIMINARY OBJECTION OF INDIA (IV 57) I79

forces which is the "access" that it claims with respect to Dadra
and Nagar Aveli. There is, in short, an almost total lack of serious-
ness in the presentation of Portugal's claim to rights of passage in
virtue of an aiieged general rule of customary international law.
This being so, the Government of India submits that this ground
of claim, simply on the evidence of the way in which it lias been
presented in the Mernorial, does not justify the provisional conclu-
sion that it is of any real importance juridicaliy for determining
the legal position of the Parties with respect to the passage of
Portuguese persons and goods between Daman and the e:nclaves.

186. The same conclusion is reached if the regimes of the enclaves,
which are named in the Memorial as providing the basis of the
alleged general custom, are summarily examined. TWOof the eight
examples of alleged customary rights of access to enclaves are taken
from the present case. The first example is the enclaves cifDadra
and Nagar Aveli themselves aç to which the evidence is clear that
passage over Indian territory has always been a matter resting
exclusively within the discretion and jurisdiction of India. The
second example is the minute enclave of Meghwal which itself lies
within the enclave of Nagar Aveli. Nothing, however, can be de-

duced in favour of a general curjtorn from this curious anomaly,
because neither the British nor 1:heIndian authorities have ever
claimcd rights of passage with respect to Meghwal. This village
which was a possession of the Raja of Dharampur is one of those
rare places which are happy in having had no history. In truth,
the British, and, afterwards, Indian sovereignty of Neghwd
seems to have been rather nominal and the village was largely
left to its own devices. No doubt, the Indian inhabitants of the
village moved in and out asthey wishedin the same way as did the
inhabitants of Dadra and Nagar Aveli into surrounding BritishIIn-
dian territory. But there is no record of any problem beiiig raised
in conneciion with the visit of officials, police or amed forces
or of any question ever having been raised concerning the passage
of goods. The customs frontier between BritishjIndian territory
and Portuguese territory was always at Daman and Goa and move-

ment of persons and goods between the enclaves and Briiish/In-
dian territory was unrestricted and this applied equally to Megh-
wal. None of the enclaves in the present case, therefore, provide
the slightest basis for the Portuguese contention that international
law recopizes a general customary right of access to enclaves.
On the contrary, they point to an exactly opposite conclusion.
187. The Government of Indi:~ does not think it necessary to
examine the regirne of every one of the other six enclaves mentioned

in the Memorial. In order to negittive the existence of the general
custom which is alleged by the Portuguese Government, it will
suffice to examine briefly the regimeç of the enclaves of(a) Baarle-
Duc and Baarle-Nassau, (6) Büsingen, (c) Llivia, and(d) Campione, r80 PRELIMINARY OBJECTION OF INDIA (IV 57)
which are in some measure comparable with Dadra and Nagar

Aveli (the geographical and other circumstances of Basutoland are
somewhat different) :
' (a) Baarle-Duc and Baarle-Nassau. These enclaves owe their
existence to the Partition Treaty of 1833 between Belgium and
Wolland. The international rights of passage with respect to the
enclaves derive from Article 14 of the Boundary Convention of

1842 between the two countriei;. It is true that Articl14 is express-
ed as confirming existing customary rights of passage enjoyed by
the inhabitants. But these customary rights were rights previously
existing under municipal law and the purpose and effect of Arti-
cle 14 was to convert these municipal law rights into international
rights of passage binding upon the two States concerned. The
international régime of passage with respect to these enclaves,
therefore, has an essentially conventional basis, though the con-
ventional régime established by Article 14 is, doubtless, supple-
mented in practice by local understandings and usages.

(b) Büsinge?~.This is a German enclave in the Swiss Canton
of Schaffhouse and its relations with Switzerland have equally
been made the subject of a conventional régime. First, there is
the Treaty of 1895 hetween Germany and Switzerland relating
specifically to the Baden commune of Büsingen, Articles I and z
of which deal respectively with customs matters and with the
transport of criminals across Swiss territory, Secondly, there is an
Exchange of Notes of 13/14 November 1928, concerning the
passage of military and police, on certain railways and frontier
roads, between Baden and Switzerland. As no railwüy passes
through Büsingen itseIf, the only pertinent provisions are those in

Chapters 3-7 which authotize passage of rnilitaryand police across
foreign territory in the case of single individuals. (An interpretative
note to Chapter 4 emphasizes that the purposes for which this
authorization is given do not include the suppression of disorder.)
In other respects, the enclave of Biisingen is treated as part of the
general frontier zone between Switzerland and Germany and is
subjected to the special conventional régime established for this
zone, special identity papers (frontier cards) being required; for
example, by persons benefiting from the frontier arrangements. It
is irn~ortant to note that even under this conventional réUime com-
merce between Büsingen and Germany enjoys no particular exemp-
tions or facilities. Büsingen, indeed, is treated asutside the Ger-
man customs frontier, although not formally within the Swiss
customs frontier. In practice, however, customs control between
Switzerland and Büsingen has been lifted. The conclusion, there-

fore, concerning the régime applicable to Büsingen isthat it 'is
essentially aconventional régimeand that local usage only plays a
subsidiary and supplementary part in the régime of Büsingen.
It is particularIy significant that, just as Dadra and Nagar Aveli PRELI3IIKARY OBJECl'ION OF INDIA (IV 57) 181
have in practice been treated for customs purposes as part of
British/Indian territory, so also Hüsingen has been treated aspart

of Switzerland. This shows thst so far from the tendency in prac-
tice being torecognize special transit rights as between the enclave
and its parent State, the tendency is rather to allow special transit
rights as between the enclave and the surrounding territory.
(c) Llivia. The régime applical~le to the smali Spanish enclave
of Llivia, situated inside French territory, iç also conventional.
This enclave dates back to the Treaty of the Pyrenées of 1659

between France and Spain. The Treaty of Llivia, dated 12 No-
vember 1660, which wa~ concluded for the purpose of putting
the provisions of the Treaty of the Pyrenées into effect with re-
spect to Llivia, established a riigime under which there was to
be (a) free transit of goods between Llivia and the Spanish town
of Puycerda with exemption from customs duties and between the
enclave and the surrounding French territory,and (b) similar
rights of passage for persons of French and Spanish nationality.
A later Treaty of1866 dealing with the reorganization of the fron-
tiers between France and Spain confirmed the transit rights pre-
viously granted in 1660, while at the same time specifying the routes
on which they were exercisable. Ariother Article of this same Treaty
(Article23) confirmed the right of private persons to use the paths
in this mountainous region but expressly excluded from this privi-
lege members of the armed forces and the police. Here again,
therefore, the régimegoverning passage to and from the enclave
is an essentiaUy conventional régjme.

(d) Campione. A Treaty of 5 October 1861 between Italy and
Switzerland, settling disputed questions concerning the frontier
between Lombardie and the Can.ton of Tessin, fixed definitively
the boundaries of this srnaLiItalian enclave. A Treaty of 22 Oc-
tober 1923,regulating navigation on Lake Maggiore and Lake
Lugano, provided in ArticIe2, piiragraph 6, for the maintenance
of "the existing position" in regard to the passage of customsofïi-
cials and members of the armed forces. The effect was to continue
the existing prohibition on the passage of Italian customs officials

and members of the Italian armed forces (see Becker, Dit Rechts-
verhaltnisse an der Schweizergrenze,thèse de Zürich, 1931, p. 23).
In addition, the Swiss authorities, as a matter of grace, permit
the inhabitants of Campione to cross Swiss territory with a fron-
tiercard. Other matters, such as customs, transport, posts, taxes,
application of criminal law, etc., are regulated on the basis of
particular administrative arrangements agreed localIy between
the Swiss and Italian authorities and not having any connexion
with any supposed general rde of international law. Any local
usages existing with respect to Cainpione are excIusively applicable
to the peculiar circumstances of Campione and do not constitute
any manifestations of a general rule of customary law.182 PRELIhllNARY OBJECTION OF INDIA (IV 57)

188. The régimes of these five enclaves, which are comparable
in size and situation with the enclaves of Dadra and Nagar Aveli,
do not, therefore, provide any foundation for the general rde of
customary law of kvhichthey are alleged by Portugal to constitute
examples. On the contrary, theçe five instances show clearly that
the régimes applicable to enclaves are normally deterinined by
express agreements between the interested States, supplemented
by detailedarrangements and usages worked out by their respective
local officials. In short, the régimesof these enclaves are entirely
in accord with the general principle laid down in the authorities
cited above, that rights of the nature of servitudes ovei- another
State's territory must have as their buis the express grant or

specific consent of the territorial sovereign. It also clearly appears
from the exarnpIes of these enclaves that the part played Iiy usage
and, notably local usage, in the régimesof enclaves is merely as a
supplement to a conventional riiigime,providing practical detailed
arrangements for working its more general provisions.

189. The Government of India accordingly submits that, on a
sumrnary view of the relevant facts and the applicable law, neither
local nor general custom affords any basis for saying that the ques-
tion of passage over Indian territory between Daman and the
enclaves is not a question exclusively tvithin the jurisdiction of
India.

GeneralPrinciples of Law

190. The Portuguese Government, in paragraphs 52-57 of the
Mernorial, invokes three alleged general principles of law aslegal
bases for the rights of passage which it claims over Indian territory.
The first of these is referred to by the Portuguese Government as
the State's fundamental right to existence, a right said in the Me-
morial not to be "created by custom" but to "go beyond treaty
and custom". The right is also said to "find in treaties and custorn
confirmations, definitions and developments but to he rooted in a
general principle which has of itself binding force". This so-called
"general principle of law", in the view of the Govemment of India,
has nothing at al1 to do with the "general principles of law" men-
tioned in Article 38 (1)(c) of the Statute of the Court asone of the
sources of law to be applied by the Court. Whatever differences of
opinion there may be as to the actual content of these "general

principles of law", the majority of writerç agree that the "general
principles of law" mentioned in Article 38 are to be understood
as cornprising the principles generally adopted by civilized States
within their domestic law (seefor example, Oppenheim-Lauterpacht,
Vol. 1, 8th ed., 1955, Section 29). In other words, it is principles
expressing legal ideas common to the legal systems of civilized
States which the Court is authorized to apply in Article 38 of the
Statute. PRELIMINARY OBJECTION OF INDIA (IV57) 183
191. Since the so-called right to existence cannot be regarded

as a "general principle of law" foi-the purposes of Article 38 (1)(c)
of the Statute, it can only be considered by the Court as a general
principle of positive international laM7.This brings the discussion
back to the question lvhether positive international law recognizes
the right of passage over anotlter State's land territory which
Portugal now daims. The answer, which has already bcen given
above, is that positive international law recognizes no such right
of passage, unless it has either been expressly granted or specifi-
cally consented to by the territorial State.
192. Portugal, however, invokes the doctrine of the fundamental
rights of States, which is controversid and has never beccime part
of positive international law. The notion of the fundamental rights

of States has been used by some writers to provide a philosophical
or sociological explanation for international law and especially
for the concept of State sovereignty, but even as a philosophical
or sociological theory the doctrine of fundamenta1 rights is con-
troversial. (Gidel, Droits et devoir:;des nations; Lathéorieclassiqzte
des droits fondantentaux des États, Reczteildes Cozirs,1925, Vol. V,
pp. 531 and following. Duguit, T~uitéde droit corislitzttion?,econd
Ed., 1921, Vol. 1, pp.515 and following.)
193. The doctrine of fundamental rights cannot, therefore, be
relied upon as a justification for applying a principle not recognized
by positive international law. Moreover, the particular principle

relied upon by the Portuguese, namely, self-preservation, cannot,
in any event, be put fonvard as a legal basis for the permanent
rights of passage bctween Daman and the enclaves which Portugal
now claims.
194. The second ofthe alleged "general principles of law "invoked
by the Portuguese Government is the principle of respect forthe
rights of other States, which India is said to have violated in re-
fusing to allow passage to Portuguese goods, officiais, police and
armed forces across Indian territory. This principle also is not
strictly speaking a "general principle of law" witliin the meaning
of Article 38 (1)(c)of the Statute. It is an undisputed rule of posi-
tive international law. But Yortirgal, by invoking this principle,
does not advance her case one inch, because it leaves completely
unanswered the question what are the rights of Portugal vis-à-vis

India with respect to passage between Daman and the enclaves.
The answer to this question has to be found in positive international
law, and positive international law, as. already emyhasized;+recog-
nizes no such rights of passage as Portugal claims. The principle
invoked by Portugal is incontestable but it simply does not touch
the question whether the matters in dispute are or are not exclu-
sively within the jurisdiction of India.
195. The third and last of the alleged "general principles of law"
invoked by the Portuguese Government is the principle that a184 PRELIMINARY OBJECTION OF INDIA (IV 57)

State has an obligation "not to aUow knowingly its territory to be
used for acts colitrary to the rights of other States", Again, this
principle is not, strictly, a "general principle of law" within the
meaning of ArticIe 38 (1)(c) of the Statute. It is rather a rule of
positive international law, and, as such, was applied by the Court
in the particular circumstances of the Corfu Channel Case. But this
principle has nothing whatever to do with the subject-rnatter of
the Portuguese Application of 22 December 1955, which is limited
to "the right of Portuguese officials and nationals, as well as for-
eigners authorized by Portugal, to cross India on their way between
the Portuguese territory of Damtio (littoral Damao) and the Por-
tuguese enclaved territories of Dadra and Nagar Aveli". The gene-
ral principle invoked by the Portuguese Government is unrelated

to the legal rights of passage which it claims between Daman and
the enclaves and cannot afford any ground for reaching a conclusion
that passage of Portuguese persons and goods between Daman and
the enclaves is not a question fdling exclusively within the juris-
diction of the territorial Sovereign. The general principle relied on
by Portugal adds notliing to the point on the question of Portugal's
legal claims to rights of passage between Daman and the enclaves
and does not, therefore, assist at aUin establishing that the dispute
siibmitted to the Court is not one with regard to a question falling
exclusively lvithin the jurisdiction of India.

r96. Indeed, the Portuguese allegation that the Government
of India failed to cary out its obligations towards the Portuguese
Government "by tolerating the organization on its territory of
the armed expeditions which were directed against the Portuguese
enclaves" raises an issue which is quite different from the issue
subrnitted to the Court in the Application. This being so, the
Government of India feels bound to reserve its right to object to

Portugal's attempt to bring into the present casean issue not referred
to the Court in the Portuguese Application of 22 Decenlber 1955.

197. Accordingly, quite apart from its previous submissions that
passage between Daman and the enclaves is definitely established
as a question falling exclusively within the jurisdiction of India
by reaçon of (a) its treatment as such by both Parties and (b) its
clear recognition as such by Portugal (seeparagraph 159 above), the
Government of India submits :

(1) That, on a summary view of the relevant facts and the
applicable law, none of the legal grounds of claim, based on trea-
ties, custom and general principles of law, which are invoked
by the Government of Portugal in the Mernorial, justify the
provisional conclusion that theyare of real importance juridically
for determining the legal position of the Parties with respect PRELIMINARY OBJECTION OF INDIA (IV 57) 185

to the passage of Portuguese pr:rsons and goods between Daman
and the enclaves;
(2) That the Iegal grounds of clairn, based on treaties, custom
and general principles of law, which are invoked by the Govern-
ment of Portugal in the Mernorial, do not therefore afford any
basis for holding that the present dispute is not one relating to
a question which; by international law, falls exclusively within
the jurisdiction of India;

(3) That a summary view of the relevant facts and applicable
law does nothing to negative the normal rule of international
law under which passage over Indian territory is a question
falling exclusively within the jurisdiction of India; and
(4) That, in consequence, the present dispute relates to a
question which, by internationa.1 Iaw, falls exclusively within the
jurisdiction ofIndia and is excepted from India's acceptance of
compulsory jurisdiction under the Optional Clause by the express
terrns of her Declaration of28 February 1940.

SixthObjection

198. The Sixth Objection of the Go\-ernment of India is that,
even if Portugal were able to adduce evidence of clairns to rights
of passage made by her for a long period of years prior to the filing
of the Application, the evidence submitted by India shows that
any such claims were continualljr and for a long period prior to
5 February 1930, rejected by the BritishIIndian Governrnent with
the result that the Portuguese Application would have to be held
to relate to a dispute excluded from India's acceptance of the
Optional Clause, rationetemporis.

199. India, in her Declaration of 28 February 1940 irnited her
acceptance of the compulsory junsdiction of the Court to "disputes
arising after liebruary 5th 1930, with ~egardko situations orfacts
subseqzdentto thatdate",

zoo. The Government of India, in setting out the facts relating
to the Fifth Objection, has contended that the facts show clearly
that during the period from 1891 until the filing of the Application
Portugal never asserted any clairriofright with respect to the pass-
age of Portuguese persoris and goods between Daman and the
enclaves. In formulating its present Objection, the Govemment of
India does not in any way retract or rnodify that contention. If
that contention is upheld by the Court, the Portuguese Govem-186 PRELIMINARY OBJECTION OF INDIA (IV 57)

ment, as the Government of India has said in its submissions on
the Fifth Objection, has no basis whatever for saying that the
matters in dispute are not matters falling exclusively within the
jurisdiction of India. In the event, however, of Portugal adducing
evidence that she was asserting some claim of right during the
period between 1891 and the filing of the Application, the Govern-
ment of India reiterates its contention that during the whole of
this period the BritishJIndian Government was continuously

asserting a right to treat passage over Indian territory between
Daman and the enclaves as a question falling exclusively within
the jurisdiction of the territorial State; and it relies on that fact,
together with any possible evidence of a Portuguese claim of right,
as establishing that the dispute submitted to the Court is one with
regard to a situation antecedent to 5 February 1930.
201. Accordingly, in the event of Portugal adducing evidence
that she was asserting some clairn of right during the period between

1891 and the frling of the Application, the Government of India
submits :
(1) That the dispute submitted to the Court in the Portuguese
Application of 22 Deceinber 1955 is one with regard to a situa-
tion antecedent to 5 February 1930; and

(2) That, in consequence, it is excluded rationetemporis from
India's acceptance of compulsory jurisdiction by the express
terms of her Declaration of 28 February 1940.

PART III

Conclusions

202. The Government of India, accordingly, asks the Court to
adjudge and declare that it is without jurisdiction to entertain the
Portuguese Application, dated 22 December 1955, on one or more of
the following groundç :-
A. (1) The third condition of the Portuguese Declaration of

19 December 1955 is incompatible with the provisions of the
Optional Clause of the Statute of the Court so that the said Decla-
ration is totally invalid as a recognition of the compulsory juris-
diction of the Court under that Clause; and, in consequence,
(2)The Portuguese Application of 22 December 1955, which
is expressed to found the jurisdiction of the Court in the present
case upon the said Declaration, was ineffective to establish the
compulsory jurisdiction of the Court under the Optional Clause
(paragraphs 25-34}.

3. (1) The filing of the Application in the present case by the
Portuguese Government on 22 December 1955 both violated the
principle of equality of States before the Court, and disregarded PRELIRlINARY OBJECTION OF INDIX (IV 57) 187

the express condition of reciprocity contained in the Declaration
of the Govemment of India, dated 28 February 1940; and, in
consequence,
(2) The Portuguese Application of 22 December 1955 was in-
effective to establish the compulsory jurisdiction of the Court

under the Optional Clause (paragraphs 35-44).
C. (1) Portugal, before filing her Application in the present
case, did not comply with the ruIe of customary international law
requiring her to undertake dipIornatic negotiations and continue
them to the point where it was no longer profitable to pursue them,
because-.

(a) She fiIed her Application on 22 December 1955 without
ever previously having given Io India the slightest indication
that she made any such claims to legal rights of passage as she
has since formulated in the Mernorial; and
(b) She fiIed her Application on 22 December 1955 immedia-
tely after making her Declaration accepting the OptionaI Clause,

and only shortly after becoming a Member of the United Nations
without attempting to pursue her diplomatic negotiations with
India in the new situation created by the change in the legal
relations of the Parties brought about by these events; and, in
consequence,
(2) MThenPortugal filed her Application in the present case on
22 December 1955, there was not any legal dispute between the

Parties and, in addition, Portugal had not fulfilled an essential
condition for the invoking of the Court's compulsory jurisdiction
under the Optional Clause (paragraphs 45-50).
D. (1) The filing of the Application in the present case by the
Portuguese Government on 22 December 1955 was a violation
of the reciprocal right conferred upon India, both by the terms of
the Optional Clause, and hy the terms of India's Declaration, to

exercise the power to make reservations contained in the third
condition of the Portuguese Declaration, dated 19 December 1955;
(2)The filing of the Application on 22 December 1955, having
regard to the terms of the Portiiguese third condition, was also
an abuse of the Optional Clause and of the procedure of the Court;
and, in consequence,

(3) For each and both of the above reasons the Portuguese
Application of 22 December 1955 was ineffective to establish the
compulsory jurisdiction of the Court under the Optional Clause
(paragraphs 51-58).
E. (1) The dispute relates to a question which under inter-
national law is, in principle, a question falling exclusively within

the jurisdiction of India (paragraphs 161-1681.
(2) A summary view of the facts shows that each of the interested
States has for a long time past treated the rnatters now in dispute188 PREL~JIINARY OBJECTION OF INDIA (IV 57)

as fdling exclusively within the jurisdiction of the territorial
sovereign and, in view of the principle inE (1)above, this suffices
to establish conclusively that the present dispute is one relating
to a question which, by international law, falls exclusively within
the jurisdiction of India (paragraphs 156-159).
(3)A summary view of the facts shows that in the past Portugal
has unequivocally recognized that the matters now in dispute relate
to a question falling exclusively within the jurisdiction of the
territorid sovereign and the recognition of this by Portugal sufices
to establish conclusively that the present dispute is one relating
to a question which by intrrnationa1 Isw faIls exclusively within
the jurisdiction of India (paragraphs 158-159).

(4) Independently of the attitude of the Parties, a summary
view of the relevant facts and applicable law shows that none of
the legal grounds of claim based on treaties, custom or general
principles of law, which are invoked by the Government ofPortugal
in the Mernorial, justify the provisional conclusion that they are of
real importance judicially for determining the legal position of the
Parties with respect to the passage of Portuguese persons and goods
between Daman and the enclaves, with the result that these. legal
grounds of clairn do not afford any basis for holding that the present
.dispute is not one relating to a question which by international law
falls excliisively within the jurisdiction of (paragraphs 160-197).

(5)Havinç regard to the principle in E (1) above, the present
dispute, for each of the çeveral reasons given in E (z), E (3)and
E (4) above, is a dispute relating to a question which by internatio-
nal law falls exclusively within the jurisdiction of India and, as
such, is excepted from India's acceptance of compulsory juris-
.diction under the Optional Clause by the express terms of her
Declaration dated 28 February 1940 (paragraphs 159 and 197)-
F. (1) If, contrary to the contentions of the Government of
India, Portugal establishes that she was asserting some claim to
rights of passage between Daman and the enclaves during the
period from 1891 to the filing of the Application in the present
case, the factshow that this claim was disputed by the BritishlIn-
dian Govemment ;and, in consequence,

(2)The disputesubmitted to the Courtin the Portugueçe Appli-
cation of 22 December 1955 is in that event a dispute with regard
to a situation antecedent to 5 February 1930 and, as such, is
excluded ratione temporis from India's acceptance of compulsory
jurisdiction by the express terms of her Declaration dated 28 Feb-
ruary 1940 (paragraphs 198-201).

(Siggned)Balraj KRISHNA KAPUR,
Agent of the Government of India.

April,1957. Annexes to Preli~ninaryObjection

ANNEX Al

EVIDENCE IN SUPPORT 01;THE INTRODUCTIONTO
THE PRELIMINARY OBJECTIONOF THE GOVERNMENT
OF INDIA

1ln the pleadings as filedA,AB anCsappeared first as annexes to the
Preliminary Objections and were subsequently reprinted, with slight amendments,
among the annexes to the Counter-Mernorial. The present edA,ion of Annexes
B and C reproduces the text of the Annexes to the Counter-Mernorial. [Nota by the
Registry. J

=4 ANNEXES TO PRELIMINARY OBJECTION (A NOS. 1-2)
190

Annex A. No. I

Portuguese poet and philosopher. Author, among other things, of
the "Causes of the Downfall of the Peninsular Peoples in the Last Three
Centuries." In "P~osas," Edited by the Imprensa da Universidade
de Coimbra, 1926 , olume II,referring to Portugueseconquests in India,
he said :
"How would it have been possible with hands full of blood
and hearts fullofpride to civilise backward people ..we estranged
the people, terrorised the inhabitants,opened up by our religious
and aristocratiespirit an abyss between the minority of conquerors
and the majority of the vanquished. One of Our first benefits,
which we gave to those people, was the Inquisition ..."(Page 134.)

Portuguese historian, publickt and politician; a member of the
Portuguese Cortes. In his "Histor ia Portugal," Fourth Edition,
Livraria de Antonio Maria Pereira, Lisbon, speaking of the Portuguese
in India, he said:

"...the Portuguese Empire in the East was a mountain of igno-
miny (page x) ...From the beginning the Portuguese dominion
had two characteristics which were never wiped out despite al1 the
attempts at later dates for regularizationand order. On the sea
prevailed an 'anarchy of robbery,' and on the land ü seriesof
bloody depredations. Vasco da Gama taught the method of ruling
with fire and blood; Sodre showed the way of harvesting in the
sea, boarding the ships coming from Mecca. The piracy and the
blood were the two fundamental bases of the Portuguese dominion,
whose nerve was the cannon, and whose Sou1the Spice." (Page 233.)

Perhaps the greatest Portuguese novelist.His books were translated
in many European languages. He wrote in The Thes of London that
"our Empire in the East was a monument of ignominy" which phrase is ,
repeated in his "Notas Coiztemfioraneas," Livraria Chardon de Lello e
Irmao, Porto, rgog,at pages 57 and 72.

Annex A. No. 2

Humanity has hardly ernerged out of the untold ravages of a totaI
world war lasting over six years and spread over five continents.She iç
groping towardsa way which will lead her out of the present chaos into an
era of restitutionand ordered progress. The defeat of leading Dictator- ANNEXES TO PRELIMINARY OBJECTION (A NO. 2) Igr
ships has inspired the peoples tbroughout the world to assert and realise
the principles of self-determination and democracy. International

charters and other instruments are heing fashioned to assure the human
beings their fundamental liberties and tishein an order of Society which
will lay the foundstions of an ordered existence both for the individual
and the nation. The struggle for the liberation of Asia has already begun
and the principles of self-determination and democracy are henceforth
to be applied to subject peoples.In British India too the same principles
have been most solemnly recopised by the British Government and
elections arebeing.held to pave the way for the formation of a Consti-
tution-Making Body, Even in the Irtdian States a new democratic order
issought tobe established with the consent of their rulers.
The conditions in Goa, however, present acompletely different picture.
Goa, with Daman and Diu, are lying prostrate in their helplessneçs,
unable to march even a step towards progress, chained as they are to the
provisions of "Acto Colonial," the basic law of the Portuguese Empire,
While people are marching towards representative institutionsas opposed
to arbitrary and clictatorial rule, the Colonial Act of Salazar emphatic-
ally asserts the right of Portugal to "posçess" Colonies. The unchecked
su-ay of the Portuguese imperialism over us, implemented by an in-
difierent and callous bureaucracy, takes no account of people's voice and
needs, and represents an anachronism in the midst of progress and

emancipation.
Our rulers themselves could not ritfuse to read the signs of new times
and felt the necessity of demonstrating to the world that their system
too was going to be democratically re-shaped, by holding electionç. This
attempt, however, failed completely. The manipulation of voting results
may be gauged from the fact that at several polling centres, despite
knom and open opposition, the "Uniao Nacional," the political party
of the Dictatorship, was declared to have secured al1 the votes and the
opposition none. In Portugal itçelf the big democratic and republican
parties boycotted the bogus elections.
We in Goa are denied the most elementary civil liberties. A rigorous
pre-censorship makes it impossible for us to ventilate our grievances
in the press. Freedom of speech and association are denied to us in order
to keep people ignorant and to tighten aLi the more the bonds of our
slavery and servitude. There is no guarantee for freedom of conscience
and sanctity of precincts.
Under the present authoritarian and arbitrary regime, Goa has gone
through the worst sufferings recorded in her long and unfortunate
history. Famine conditions prevailing in war time have led to higher
mortality and forced enlistment of Goans in the War services in British
India despite the so-much boosted policy of Portuguese neutrality. The
vitality of the people is sapped and tlie already emascuIated people have

suffered uncounted casualities during the war, which are not even
recorded in the Portuguese defective mortality registers.
The Policy of discrediting the British Indian Currency, pursued in
Goa under the pretext of neutrality, deprived our emigrants of hundreds
of lakhs of rupees of their remittances and at the same time strained our.
trade relations with British India on which we depend for Our main
, supplies. Hoarders and speculators took advantage of the situation to
enrich themselves at the cost of the starving population. And with the
suppression of ail representative bodies and ofa free press the peopfound ANNEXES TO PRËLIMINAHY OBJECTION (A NO. 3)
I93
Brothers from Goa, Daman & Dili:-
We seek your help in every way. We call upon you to, join us and
participate in the Political Conference and in al1 activities that will
foilow. Help us to devise a plan together to attain our objectives. We

know that the same ideas and ideals move your hearts as they move
ours. Ifyou wish to join in our efforts to forge a new order wo~thy of us
and of our succeeding generations, if you believe that an orga~iised and
disciplined movement based upon willing and free CO-operationof the
masses cannot but force its way against al1the odds; You are welcome.
Nay, we cal1upon you to join us. Let us march together and the world
knows no force which can stop us.
35,Hamam Street, Fort, Bombay. March, 1946.

Massillon Almeida Prof. G. N. Lavande
Peter J.Alvares J. P. Lobo
S. R. Bharne Lambert Mascarenhas, Journalist
V. P. Borkar . V. N. Mayenkar
Tristao Braganza-Cunha O. C. Mendes
Janardana Camotim Beatriz Menezes Braganza
A. Piedade Da Cruz Berta Rlenezes Braganza
Dr. Juliet Mary De Sa e Souza TC.V. Mudras
Govinda Poi Hegdo Dessai V. V. Neurenkar
Luis Jose De Souza Datatraya Venketesh Pai,
(Food Technologist) Journalist
Elphistone Dias G. G. Palekar
Joachim Dias (advocate) Prof. Loximona Rau Sardessai
Dr. Amarante Ferreira Yeshvantrao S. Sardessai
Dr. Jose Maria Furtado Ernest Siqueria
Gangorau Goundoikar J. S. Sukhtankar
D. Kakodkar Dr. A. G. Tendulkar
Damodar A. Kare Angela Trindade
S. S. Kavalekar George Vaz
K. S. Laud Principal L.N. Velingkar

Annex A. No. 3

"Although Goa cannot have any destiny of its own except that of
Our common motherland India, of which it is an integral part, it finds
itself chained today by bonds of political and spiritual slavery to the
bankmpt Portuguese Imperialism. We Goans are separated from the
rest of Indians by artificiai barriers created by an alien Portuguese rule
whlch is incompetent, corrupt and callous to the needs and interestsof
Goa's inhabitants. An inglorious rule of435 years has systematically
attempted to-make us forget our culture and traditions and has landed
us in complete economic ruin. The Portuguesehave robbed and exploited
us and have forced upon us a costly l~ureaucracand an.alien civilisation
against which we revolt. "We are detemined to end this rule which has forfeited all confidence,
isdevoid of al1moral sanctions and public support and to alip ourselves
with our brothers in India in common struggle for national liberation.
Only a free India can look after and promote the national progress ofher
children. The Goa Congress Committee adhere to the national cal1 of
'Quit India' demand ofthe Indian National Congress and cali upon the,
Portuguese to leave the shores of Goa, Damaun and Diu so that we
can achieve our destiny in common with the rest of India.
"The Goa Congress Cornmittee calls upon al the Goanscin India and
abroad to CO-operate with us and lend us their active support for the
liberation of our common motherland."

Publishedby Sj.Massillon Almeida, General Secretary, Goa CongressCommittee.

Annex A. No. 4
I
From "Diario Da Noite," Goa,JuZy 1946

Letterfrom His ExcelleficytheGovernorGenevalto Mahatma Gandhi

Dear Mr. M. K. Gandhi,

Some days ago, 1 learnt through the press the attention you drew
of this Government.
Besides the dictators whom the people have condemned, 1 do not
know the political leader who has permitted to interfere, in this rnanner,
in the home rule of other nation.
Presuming that you have been deceived by false and maleficent
information, 1 wish to clarifythe situation in order that no moral break-
down takes place in this city, which1 presume is the foundation of your
political ideology.
Since a long time,I am aware of your Iiigh legal culture and therefore
1 hope you wilI understand me better after krtowing that I too have.got
the legal education course and that 1 belong to the Judicial Department
of my country.
Can you believe that 1,as a Judge, would be able to ignore or deriy
the civil rights of the people 1 govern?
If 1do so, it would mean to deny the value of the legal science which
both of us are cultivating and would prejudice the historic truth of the
Portuguese administration, in this part of India, for more than four
centuries.
1 understand that you hardly know the history and character of the
Portuguese people, but taking into consideration the regime in188 years
of what is called "Subjection of the inhabitantsinGoaagainsttheir will,"
pu show your ignorance not only in the present facts but also in the very
ndian History. ANNEXES TO PRELIMINARY OBJECTION (A NO. 4)
I95
The Portuguese did not come to India merely in subjection and
economic exploitation, which do not exist here, but they carne here
guided by a high idealof fraternity; and therefore we always considered
the Indians as our brothers and noi: subjects. Since the time of Albu-
querque till today, the Portuguese have always sacrificed themselves to
free the Indians from that, which according to your opinion you consider
as a stain (curse) in the Indian civilization, and much success has been
gained thus, that the people of Goa free from the oppression and unjust
regime of cast discrimination and iintouchability distinguished among
the people of the Indian Sub-Contiiient.

The people of Goa, honest and sane, recognise and want the benefits
of this work of real civil liberties. Bilt only the anarchist element do not
recognise it.
Considering your high spirit anil great political responsibilities, I
can hardIy believe that you are symliathising with the anarchist element
of the country as we can conclude i'romthe fact that you have uncon-
ditionallyaccepted Dr. Lohia's information.
What rights has a stranger like ]Ir. Lohia got to enter this country
and excite the people abusing their hospitality 7
1s there in any country a principal of civil liberty to aUow the rebeIs
to cheat the humble people twisting the facts and offending the real civil
liberty which these peopIe enjoy in peace, labour and progress?
Under the punishment of self-deriial no constituted authority would

accept such abuse of the civil liberty which a small fraction wants to
impose on the majority at the cost of the realIiberty of the latter.
Portugal is a pacific and non-oppressing country as it was shown
during the war and itis so because itisa country where there is order.
There is order in the administration, order in the spirits, order in the
roads. Her laws are naturally adeqiiate to her traditions, customs and
character of the people, but they gix.e them the same rights as are given
to the ~eooIe in other civilized countries.
You know very well that an absolute liberty is an utopia. In the civil
life there cannot be absolute rights because the rights of one should
give place to the rights of the other :;pecialIy tbose of the authority.
The first right and the duty of the authority is to look after the wel-
fare of the people, to guard them against any disease. So it is also up to
this authority to look after the health of the spirits in not letting them
loose to the corruption of the ideas.

I do not believe that there is little liberty in the benevolent and
educative censorship than the other forms of the censorship in which the
State intervenes in large scale and which 1 can see even in the so-called
democraticcountnes. For a specific instance1 may state that we have not
got any control over the consumer goods, as price list has been published
by the Government of India in the Bombay Ckronicle of the 5th July.
In my country only prices of some i:ssential commodities are controlled
by the State and the remaining prices are fixed by the Commercial
organisation without the least interfereiice of the State. Considering
this, where is the Liberty of Commerce?
I can assure you in my capacity of a jurist and Governor that the
liberties of the Goan people are ncit threatened. Only rebels threaten
them either on account of bribery or coercion intending to cheat the
people and divert them from the pacjfic labour. ANNEXES TO PRELIMENARY OBJECTION (A NO. 4)
19~
1 hope you will revise your position and will not ailow them to do so
under the invocation of your name.

Yours truly,
(Signed) JOSE BOSSA,
Governor General for Portuguese India.
Nova Goa, the 18th July, 1946.

Fronz"TheHarijan," Ahmedabad, ofIr Azsgust1946

Dear Friend,

It was kind of you to write to me in reply to what 1 had written in
Harijan about Goa affairs. 1 suppose you know that I have visited
Mossambique, Delagoa and Inhambano. 1 did not notice there any
Government for philanthropic purposes. Indeed, 1 was astonished to
see the distinction that the Government made between Indians and the
Portuguese and between the Africans and themselves. Nor does the
history of the Portuguese Settlement in India prove the clairn set forth
by you. Indeed, what 1 see and know of the condition of things in Goa,
ishardIy edifying. Thatthe Indians inGoa have been speechless is proof,
not of the innocence or the philanthropic nature of the Portuguese
Government but of the ruIe of terror. You will forgive me for not sub-
scribing to your statement that there is full liberty in Goa and that the
agitation is confined only to a few malcontents.
Every account, received by me personally and seen in the papers
here in this part of India, confirms the contrary view. 1 suppose, the
report of the sentence by your Court Martial of eight years on Dr.
Braganza and his contemplated exile to a far off Portuguese Settlement,
isby itself a striking corroboration of the fact, that civil liberty is a rare
article in Goa. Why should a law-abiding citizen like Dr. Braganza be
considered so dangerous as to be singled out for exile?
Though the politics of Dr. Lohia probably differ from mine, he has
commanded my admiration for his having gone to Goa andput his finger
on itsblack spot. Inhabitants of Goa can afford to wait for independence
until much greater India has regained it.But no person or group can thus
remain without civil liberty without losing seIf-respectHe has lighted a
torch which the inhabitants of Goa cannot, except at their peril, ailow

to be extinguished. Both you and the inhabitants of Goa should feel
thankful to the Doctor for lighting that torch. Therefore, your description
of him as "stranger" would excite laughter, if it was not so tragic. Surely
the truth is that the Portuguese corning from Portugal are strangers,
whether they corne as philanthropists or as Governors exploiting the
so-called weaker races of the earth.
You have talked of the abolition of caste distinctions. What 1 see
has happened is that not only no caste distinction has been abolished
but at least one more caste, far more terrible than the system "caste",
has been added by the Portuguese ruIers.
1,therefore, hope that you wilI revise your views on phiIanthropy,
civil liberty and caste distinctions, withdraw al1the African police, declare
yourself wholeheartedly for civil liberty and if possible, even let the ANNEXES TO PRELIMINAKY OBJECTION (A NO. 5)
I97
inhabitants of Goa frarne their own Government, and invite from greater
India more experienced Indians to assist the inhabitants and even you in
frarning such Government.

Yours, etc.,
(Signed) M. K. GANDHI.

(P.S.-Since your letter was sent to the Press 1 am publishing this in
Harijan. hl,K. G.)

Annex A. No. 5

TranslatiolzinEngEishof aletter "fromFernandoR. Romba, Cornmisszoner,
PortugueseStats of India, toSr. Francisco Mascarenhas, WorthyPresident
of theUnited Front tifGoans, Biimbay"

Police of the State of India
Commissariat,
Private
Daman, 7.8.53.

Mr. Francisco Mascarenhas.
In reply to the telegram dated the 7th, 1 confirrn having been aware
of the talks and telegrams exchanged between you and Casimiro Mon-
teiro, and of the latter's good faith, about the aims of the United Front
of Goans in Bombay, under your worthy chairmanship.

Diplomatically, 1 found your non-appearance very strange, and ithas
placed me in a very difficult position in relation tothe high personages,
since 1have powers, which have been conferred on me by the Ministerial
Act promulgated by the Overseas Miriistryfor the purpose of interfenng
in political problems of this nature, relating to Goa, Daman, and Diu.
We have ai present other rnatters under study, as weil as other pro-
posals, relating to your cause. But, in view of my knowledge of your
character, 1 would not be able to do anything, without first conferring
with you for the good of Goa, Daman, and Diu.
In view of the sincerity of my actions and intentions 1 do nat under-
stand your hesitation, unless you are disinterested in the cause, of which
fact I request you the favour of infctming me.
You \vil1forgive me if 1 impress upon you the importance of this i
matter which diplomatically is rendered confidential, as is the uçuacase,
untiI the legal forrnalities have been fulfilled.
With nothing more to add,
1 am,
Sincerely yours, 1

(Signe$) Fernando R. ROMBA,
Comrnissioner P.E.I.(Policeof the State of India). Annex A. No. 6

GOVERNMENT OF TNDIA

MINISTRY OF EXTERNAA LFFAIRS N,EWDELHI

No. D. 1070-Eur.1154.
March rg, 1954,

The Ministry of External Affairs present their compliments to the
Legation of Portugal in India and have the honour to refer to the recent
arrest and deportation of Dr.P. Gaitonde, a prominent and universally
respected surgeon of Goa, for expressing nationalist sentiments.
2. The Government of India have had occasion inthe past to comment
on the progressive curtailment of political liberties and the summary and
severe punishment, involving in many cases deportation to distant penal

establishments, of many perçons professing sympathy with the aim of
merger with India. The Portuguese Government have, on the other
hand, maintained that popular resentment against continuation of the
Portuguese regime in India doeç not exist, despite the imposition of rigid
censorship, the denial of freedom of speech and writing, the banning of
public meetings, and atrests of Goans, in many cases without warrant,
who have the courage to express nationaIist sentiments.
3. The arrest of Dr. Gaitonde, an Indian by race, Portuguese by
force of historical circumstances, educated in Portugal, married to a
Portuguese lady, for exercising his democratic right of free expression in
favour of reunion with his motherland is yet another indication of the
existence of a powerful urge among the people of Goa for reunion with
India.

4. The Government of India cannot but express their concem at the
continued appIication of repressive measures adopted by the Portuguese
Government in general, and at the arrest of Dr. Gaitonde in particular,
with the evident object of stifling the expression of the patriotic senti-
ments of the people of Goa. The Legation will appreciate that continuance
of these repressive measures resulting in the arrest and deportation of
Goans professing pro-Indian sentiments is likely to have serious reper-
cussions in India. The Government of India would Liketo make it clear to
the Portuguese Government that they cannot remain silent spectators to
this form of rcpression on the people of Goa who are in no way distin-
gujshable in race, language, religion or culture from the inhabitantsof
this country. The Government of India therefore protest strongly againçt
the action ofthe Portuguese authorities in arresting Dr. Gaitonde. They
hope that the Portuguese Govemment will yet acknowledge the necesçity
of extending the normal democratic and civil liberties to the people
of Goa.
The Ministry take the opportunity to renew to the Portuguese Legation
the assurances of their highest consideration.

The Legation of Portugal in India,
New Delhi. ANNEXES TO PRELIRIINAIIy OBJECTION (ANO. 7)
I99

Annex A. No. 7

From"The Hiindzt,"Madras, 3 July 19.54

FUTURE OF GOA
PORTUGUESE RULE MUST END

DEMAND BY BOMBAY GOAN RESIDENTS

(from Our correspondent)

Bombay, July 2.

"The time of decision has corne. We are at the cross-roads of historical
destiny. We hold that the only wise and courageous decision for us is
to free ourselves from the Portuguese rule and to unite with India.
Goans must cast out al1 fear from their heart, and claim their righto
be the masters of their own destiny," Say tGoan residents of Bombay
under the leadership of Dr.M. U. Mascarenhas, M.L.A., former Mayor
of Bombay, Dr. C.Fernandez,Principal A. Soares, Mrs. Tarabai Welinkar,
Mr. Francis Mascarenhas, President, United Front of Goans,Mr. Correia
Alfonse, Mr. S. S. Andrade and Dr. M. de Souza, in a manifesto issued
today.
It is understood copies of this manifesto have been fonvarded to
Mr. Jawaharlal Nehru, Prime Minister ofIndia, Mr. Morarji Desai, Chief
Minister, Bombay and other "Goans at home and abroad".
The memorandurn says: "We, Goans residing in the Indian Union,
deeply concerned with the present and future political status of our
motherIand, conscious too of the dangers of a policy of mere driftand
almost fatalisticinactioat a tim'ewhich calls for clear thinking and wise
and courageous decision, would place before you facts and considera-
tions which might helpyou in arriving at such a decision.

(2)We know and grant that the decision about the future of Goa is
primarily the responsibility of tliose who are living or having their
homes in Goa. Had circumstances lxen propitious, had conditions in
Goa been favourable for the exercise of your inherent riof self-deter-
mination, we ~youldhave left to you both the initiative and the decision
in this matter.

POPULA RSPIRATIONS
(3)But, the Portuguese rulers, in their many statements of policy
regarding Goa, at no time have offered to put Our wishes or.aspirations
to the test of a referendum or plebisciAnd this, for a very good reason.

They know that a free and fair plebiscite,nder conditions which would
enable the real wishes of the people to be known, would mean the end
of their centuries old Dominion. Thejr know what value to attach fo the
frequent manifestations of loyalty, securedby methods ~vhichwill not
bear examination, methods which are well known to us. Nor are they
misled by the exhibition of loyalty of a servile Press, cowed dowby a
ngorous and absurd censorship.
(4) Since you, whose interests are at stake in this matter, are denied
the elementary rights of free expression, free Press, free assembly, and200 ANNEXES TO PRELIMINARY OBJECTION (A NO. 7)
free organisation since your voice is suppressed, and any expression of
opinion, adverse tothe present Colonial regirne, invoIves savagesentences
and deportation overseas, the only real and authoritative voice of Goa

is, in the existing circumstances, the voice of Goan emigrants, especially
in the Indian Union, where the vast majority of them reside and work.
It is their voice that must count, because it is a free voice and because,
by their intimate contact with the land and the people of Goa, they can
truly interpret the real wishes and aspirations of Goa.

(5) We know what weight to attach to the Portuguese protestations
that you are Portuguese and that Goa is an integral part of Portugal.
That we are Indians, and not Portuguese, needs no argument. It is
absurd to claim that a territory which is a geographic portion of India,
is part of a country thousands of miles away, separated by many seas and
lands-a country, too, which unlike Australia or Canada, has not been
colonised by the Portuguese and which maintains its old ethnic structure.
It is true that the Portugueçe Government have, for their ends and in
their own interest, recently written in their Constitution that their
possessions overseas are an integral part of the country and are, there-
fore, inalienable. But Constitutions are not of divine origin. They are
man-made, and what man has made, man can unmake. At any rate
Goans cannot accept a constitutional doctrine, affecting tlieir status
and thir future, in the making of which they had no hand nor voice.

(6)Nor can we accept the Portuguese clairn that Goa has rio ColoniaI
status. It is true that lately the old name of Colony has been changed

into that of Overseas Province, but a mere change of name, which has
been done for purely tactical reasons; involves no change in fact or
reality. The fact is that Goa is ruled from Lisbon, and that the local
people have no voice in determining what is good or expedient for them.
The fact that there has always been a Minister of Colonies in charge of
overçeas possessions, not to speak of the Colonial Act of Dr. Salazar's
own make, belies al1these protestations that Goa is not or never has been
a colony.

(7) We must take serious note of the fact that the peoples of Asia
and even Africa are struggling for ernancipation from Colonial rule, that
several, including India, have attained complete independence, and that
Colonialism is crumbling down under the impact of new ideaç and forces
which are revolutionising the world, The continuance of small enclaves
under foreign domination, within an area which has freed itself from such
domination, is not only a historical anachronism but a standing provo-
cation to the new nations which will not tolerate such enclaves in their
area. Thissituation creates tensions, which are bound to affect vitally the
interests of Goa and Goans everywhere.

(8) We must equally take note of another fact-that whiIe many
countries and peoples, relatively more backward and immature, are
progressing towards complete autonomy and independence, the Goans,
for..all.their intelligence, culture, and capacity, should have, today, after
nearly four and a half centuries of Portuguese rule, not evea glimmering
of local self-Government. ANNEXES TO PRELIMIKARY OBJECTION (A NO. 7) 201

(g)Unlike Portugal, where some rnay feel that a certain movement
and progress Iiave taken place, Goa is still stagnant. The very fact that
the capital of Goa has neither pipe-water nor underground drainage is
eloquent of the incompetence and supine attitude of the administration,
Whatever material improvement is apparent in Goa is by no means due
to the action of Government but to the sacrifices and patriotism of the

emigrants who have toiIed and suffered abroad to build up their home-
land. Of tliese thousands of ernigsants, on whom the economy and
finances of Goa basically depend, a large majority work and earn their
living in the Indian Union.
(Io) In his last speech dealing with the problem of Goa, Dr. Salazar
has hirnself cited authoritative figures to show how little the trade
and economy of Goa is bound up with that of Portugal and the Portu-
guese Empire. For most of our food and articles of ordinary consumption
we depend not on Portugal but on the Indian Union, Goa being a heavily
deficit country. There is no question that economically we depend
substantially on the Union.

(II) Looking at the problem frorn any point of view-geographic,
racial, economic, financial-Goa haç very little to do with Portugal and
very much with the rest of India. Our future, tlierefore, clearly lies not
with Portugal but with India. We must, therefore, repudiate with a11Our
strengththe Portuguese claim that urebelong to them and that Goa is an
inalienable part of the Portuguese Empire.

(12) We are aware of certain fears that if Goa merges into the Indian
Union it rnay be suhmerged and losc its identity and individuality. It is
on these fears that Dr. Salazar has skilfully played in his last reported
address. We are fully aware that four and a half centilries of impact of
Portuguese rule have left a deep impress on the socio-administrative
structure of Goa, on its culture and legislation. But the fear that merger
into India will involve a revolutionary change has no foundation what-
ever. More than once we have had authoritative statements from Prime
Minister Nehru that no attempt would be made to subvert the culture or
social or religious structure of Goa. We have also the assurance conveyed
in the Government of India communiqué of June IO, 1953, tliat"The
Government of India desired to maintain the cultural and other rights
including Ianguage, laws and custonîs of the inhabitants of these terri-
tories and make no changes in such and like matters except with their
consent." Above all, the Indian Constitution speciaIiy guaraiitees the
fundamental right of religion, that every person in India shall be free to
profess, practise and propagat e his faith.

(13) There is no question whatever that the present legal, adminis-
trative and educational set-up of the country will suffer any sudden
change, and Iikewise the present administrative services will be assured
continuance. Any change-and change is bound to come-will be gradual,
and with the consent of the people.

(14) Since it is an acknowledged factthat Goa has, owing to historical
reasons, an individuality of its own, necessarily Goa, when acceding to
India, will enter the Indian Union as a separate State-unit with al1the
powers that are vested in such States, and such other safeguards thatmay be necessary. What these safeguards may be, it is for the Goans
themselves through their accredited representatives to settle with the
Indian Union. Goa is a viable State-unit. It has also got in the Port of
Murmugao and the railway connecting it with the mainland, an asset
which is of the utrnost value both to itself and the Indian Union.
(15) The time of decision has corne. We are at the cross-roads of
historical destiny. We hold that the only wise and courageous decision
for us is to free ourselves from the Portuguese rule and to unite with
India. Goans must cast out al fear from their heart, and claim their
right to be the masters of their own destiny."

Annex A. Na. 8

Undated Open Letter from DY. Furtado to the Governor-Generd for
PortugueseIndia

To
His Excellency the Governor General,
Corn. Quintanilha Mendonca Dias.

In the absence of a better means 1 am forced to address Your Excel-
lency in this manner in order to justify my leaving the Village Cornmu-
nities Administration and Goa. The incidents that occurred deprived me
of the necessaiy peace of mind to wnte while there.
When you surnmoned me to your office and asked me the reason of
my not signing the protest against Pandit Nehru's declaration it was
easy to foresee what the future held in store for me. My frank answer
that 1 was not against Portugal but that 1 was also not against India
and therefore found it hard to sign it, irritated Your Excellency so rnuch,
that you ordered the Director of Civil Administration to immediately
dismiss me from the post of Judge of the Administrative Court and
Adrninistrator of the Village Communities. Your Excellency also let
your vindictive intention transpire in the foilowing temble threat:
"The Minister for Colonies will decide whether you shall go to Cabo
Verde or some other Colony."
Answering as 1 did, I thought my sincerity would render Your
Excellency more reasonable towards me. 1 could very weUhave said that
I did not sign because according to the text this was "free" or voluntary.
But 1did not Sayso, for had 1even been forced to sign 1wouId not have
done it for strong sentimental reasons which 1 am unable to explain
to you.
There are, however, other reasons of a natural and jundical order
which justify my attitude. I am above al1 an Indian, jus soli and jus
sangztinis and an "assimilated" Portuguese according to the Colonial
Act, through the mere political accident of Goa happening to be ruled by
the Portuguese, just as it might have been by the French, Dutch or the
British.
I can understand that as a representative of a colonial power Your
Excellency should try to force me not to be against the power you
represent, but 1 could never allow you to trample on my birthright ofbeing for India, in order that the ~nost beautiful sentiment, which is
second only to God's will, might not be defiled.
What would Your Excellency say? had the Spanish Govt. during the
domination of 1640, forced you to vow loyalty to the King of Spain
betraying yoiir right of being loyal to Portugal? ShouId you hold any
doubts about this, you can consult the doctrinaires and the theoreticians
of the Restoration period of whom Prof. Paulo Mereia tells us in hiç
Lessons of Portuguese Law.
The present Chief Justice of Goa declared to the Bombay press that
Portugal wished to maintain the friendliest relations with India. Does

Your Excellency not see that by abstaining from declaring myself either
against Portugal or against India,1 only assurned a neutral attitude?
IfPortugal wants to uphoId her centuries-old right of possessing and
civilizing the territory of Goa with its assimilatedand ZndigenesI,ndia as a
Nation invokes her right to territorial unity. Wellsuch problems cannot
be soIved by signatures and meetings. To deal with such problems we have
international, organizations such as the U.N.O., Arbitration Courts,
plebiscites and bilateral agreements between States urho are irtterested
in a non-violent solution. Those protests moved by strings can never be
of any value. Your Excellency, by dismissing me for not freely signing
the protest, denounced certain proce:;s.
Remember, Your Excellency, that it is not the first time 1 have
abstained from signing protests. When of the "spontaneous" protest
meeting of the 22nd of Sept. 1949, my attitude was identical. Your
Exceliency knows it well. But at that time it was the present Governor
of Beira, Dr. Gouveia Meo, who advised you. An autocrat regarding
certain matters, still, his intelligence, honesty and sense of justice showed
you the right way He came to know me through a long senes of false
charges made against me and through rny unchanging and unquestion-
able attitude both in the post of a ,Judge of the Administrative Court
and administrator of the Village Cornmunities. He was my best official
defender, as was alço the expenenced ex-Governor General, Col. Jose
Cabral.
When I was summoned to your office on the 27th Feb., two facts
shocked me: the first referred to the English teacher, MT. Nicolau
Menezes. Your Excellency asked me if it was true that at nine o'clock
that morning that teacher had been to my office. 1replied that1did not
know as it had only been possible for me to be there at II o'clock, but

that 1 had requested him and others to corne there at that time to hclp
me in organizing the proposais for presidents of the Local Administrative
bodies of the Village Communities. J'our Excellency then pulled out of
your pocket photographs taken at the house of the Indian Consul,
Major Mehta, on the occasion of aparty in honour of Mrs. Vijayalakshmi
Pandit, and taking out one out of' the pack in which were Mrs. Pandit,
Mr. Menezes and myself, asked me if the person to the right of Mrs.
Pandit was 'that petty teacher of EngljshJ.
1 must say that this attitude of YciurExcellency was more worthy of
a Police chief or the adrninistrator of a taluka than thatof a Governor
General. 1 found it hard to believe that Your Excellency went collecting
photographs of happenings, to a certain extent, of a private character.
The second referred to the choice of "good" presidents of the local
administrative bodies of the Village Comrnunities as the elections for
members of the Government Cauncil were approaching. 1respectfully informed Your Excellency that 1did not think it correct
to carry out elections through the Village Communities as: In political
elections only those who had attained the age of 21 and could read and
write Portuguese had a right to vote, whereas in the Village community
elections even the illiterate could vote as well as emancipated minors
through their representatives.

In political elections nobody can vote by proxy. In Village
Community elections it is aUowed.
In political elections women have no vote. In the Village Com-
munity eIections they have.

In addition, it should be noted that the Government holds guardian-
ship over the Village Cornmunities. Your courtsellors tvill be able to
inform your Excellency as to what extent the activities of those under
guardianship are valid when practised under the coercive influence of
the guardians.
Al1this policy of choosing "good" presidents culminated in eliminating
various names proposed by me on the machiavellian basis that they
had aflinclination towardsthe dtsintegratimtof the Empire!
Let us go on:
By your order 1was dismissed from the pst of Judge of the Adminiç-
trative Court and a disciplinary case was drawn iipagainst me in ordcr to
dismiss me from that of Administrator of the Village Communities. This
case was based on what took place in your office, but neither your order
to dismiss me nor your threat to send me to Cabo Verde or some other
colony was mentioned in the record !
In the process of taking my declarations by the Director of Civil
Administration there was keen interest in showing that 1 was against
Portugal, for he said, that was an obvious conclusion to oe drawn from
abstention in signing the protest against Nehru when whole Portugal and
its colonial empire protested. Nevertheless, the Director pretended to
ignore that 1had strictly complied with his orders by sending confidentiai
circulars tocal1meetings of the Local Administrative Bodies of the Village
Communities in order to send in their protests, worded according to the
instructions of the Administrator of the Taluka. On that occasion the
Director himself had expresscd to me his wonder that Goa remained silent
while whole Portugal and its Empire protested on account of Goa herself.
It is a fact that in the exercise of my officia1position, 1 iiever acted

contrary to the Government's policy even though 1 disagreed with the
sarne.
Another observation of the Director which deeply vexed me was that
1 ill-treatedrny daughter and my mother-in-law and that 1 had "corn-
promising" relatives.
This concerned my family life and relationships which were being
deliberately clouded, I do not know for what reasons.
My declarations concluded, 1told the Director that in order to dismiss
me Your Excellency could do u7ithout the formality of proceedings as 1
fully agreed with my dismissal. He replied that he would transmit that
to you.
Still,I saw from the questionnaire, that the case was going to be
continued and be based on a case cooked up against me in the Police
Department about two years ago and which had since been put aside. How could 1 defe~id rnyself against the charges brought up against
me? Who would dare to bear witness in my favour knowing Your
Excellency's aim was the one you had announced to me?
Abandoning the post of Administrator of the Village Communities
and exiling myseIf from my country, 1once again complied with your
order issued in your officon the 13thMarch, 1950,
To remain in my country would only mean an empty sacrifice for I
would be subjected to almanner of hiimiliation1preferred to abandon
it and live in poverty, but free andaway from the fear and oppression
that strangleslifin Goa.
Wishing Your Excellency health and fraternity,

Yours truly,
Pigned) Antonio FUMADO.

Annex A. No. g

[See Annex 50 to Mernorial,fip. 87-88.]

Annex A. No. IO

[See Annes 52 ta Memûrial, pp. 90-93.1 z06 XNXEXES TO I-'REI,IJIIXARYOBJECTION (A NO. II)

Annex A. No. II

THE LOK SABHA

New Delhi, August 25, 1954 l.

"The House is aware that since it took into consideration the inter-
national situation and the policy of the Government of India in relation
thereto on the 15th May last, events and developments of much signi-
ficance have occurred. Al1 these are, in a general way, of concern and
interest to us. Some of these events and developments are of more
proximate concern to us. In some of them again, Our sentiments and
our historic circumstances are engaged; in others we are either involved
or are concerned to avoid involvement; and in some we have accepted, as

part of our international obligations and concern for peace, heavy
burdens and onerous responsibilities.
2. Itis not my intention to referto al1these matters or to deal with
any of them ai great leiigth but to make a comparatively brief statement,

setting out the Government's appreciation of, and position in respectof
some of these problems and developments.

3. The situation in respect of the Portuguese settlements in India,
which has aroused much attention and concern hoth in the House and
the country, is one which has continually engaged the study and active
consideration of Government. Internally in thc Portuguese settlernents,

the opposition and resistance to foreign and colonial rule has gathered
momentum. This is an entirely Go:in movement, popular and indigenous.
It has been countered by the authorities by the time-honoured but
discredited methods of colonial assertion, repression and authorjtarian
violence coupled with the denial of inherent rights of the people to their
freedom and self-determination.

4. The position of the Government of India and jndeed of the people
of this country,is well known and hardly needs restatement. Goa and the
Union of India form one country. As a result offoreign conqueçt, various
parts of India came under colonial domination. Historical developments
broiight alrnost the entire country under British rule. But some small
pockets of territory remained under the colonial rule of other foreign
powers, chiefly because they were tolerated as such by the then British
power. The movement for freedom in India was not confined to any part
of the country, its objective was not confined to any partof the country,
its objective was the frecdom of the entire country from every kind of
foreign dominatioii. Inevitably the movement took shape in what was

called British India, and, ultimately, resulted in the withdrawal of the

1 Lok Sabhn Debates,I'art IlVol. V,Xo.3, page230 Ah'h'EXES TO PRELIJIINAKY OBJECTION (A $0. 11) 207

colonial power and the estab1ishmt:nt of the Republic of India. That
process of liberation cannot be completed till the rernaining small
pockets of foreign territory are also not freed from colonial control. The
Government and the people of this country, therefore, fully sympathise
with the aspirations of the Goan people to free thernselves from alien
mle and to be reunited with the motherland. .

5. The poIicy that we have pursued has been, even asin India under
British mle, one of non-violence and wc have fashioned our approach and
conduct accordingly. This adherenci: to non-violence means

(i) that we may not abandon or permit any derogation of Our
identification with the cause of our compatriots under Portuguese
rule; and
(ii) equally we may not adopt, advocate or deliberately bring
about situations of violence.

We regard and base our position finthe fact that the liberation move-
ment is Goan and spontaneous, and that its real strength Iies in this fact.

6. The Government of India, and 1 am confident the great majority
of our people, have no intention of aclopting any policy or methods which
depart from these principles, which are the foundations on which ourvery
nationhood rests and which are the historic and unique legacy of Gandhiji
and the pioneers of Our freedom.

7. Further, we may never forget that, in our approach and endeavours
for out- own freedom we were enjoined to eliminate fear. 1 want to Say
in al1sincerity that the Government do not and will not function in this
matter on a foundation of apprehen:;iveness and fear of probable conse-
quences, of threats, from whatever quarter they may corne, or condone,
much less approve or support, methods of conduct based or1fi:ar. Such
methods are opposed to our policy and deny the basic ideas of non-
violence.

8. The Portuguese Government have indulged in reckless allegations
and unrestraincd abuse of us. Movetl by the fear characteristic of those
whose strength is based on force, they have sought to amass their military
strength on their possessions in India to terrorise the people. They are

well aware that they constitutc no terror for us.
g. It is not, however, the intention of the Govern~nent of Intlia to

be provoked into thinking and acting in military terms. The Portuguese
concentrations and ship movement!; may well be a violation of our
national and international rights. We shaI1 examine and consitler these
and take such legitimate measures as rnay be necessary. Rut we have no
intention of following the Portugucse Government's example in this
respect.

IO. The Portuguese Government have, in their representations to
us and to other countnes, as well as in their crude propaganda, indulged
in totally untrue and reckless allegations. The purpose of al1 this is to,
arouse opinion against us by painting us as aggressive militarists, anti-
Christian, particularly anti-Catholic, and hypocritical expansionists. They
want others to believe that we want to make Goa an Indian coIony. 208 AXNEXES TO PRELIMINARY OBJECTIOX (A NO. II)

Ir. These allegations are repudiated by the Goan people in the
Portuguese possessions themselves, despite the authontarian regime
there and the repression, the censorship aiid State-controlledpropaganda.
The Goan liberation movement, however, continues to grow and may
weli be measured by the increase in violence and recklessness of Portu-
guese allegations and propaganda. Goans, outside Goa, mainly in India
and East Africa, have expressed themselves in favour of this movement.
They dernand the end of alien rule and the reunion of Goa with the
motherland.

72. The Portuguese allegations about Indian hostility to Roman
Catholics and the danger to Catholics if Goa joined the Indian Union have
been repudiated most ernphatically by the Roman Catholics of India
and, more particularly, by their eminent leaders. The Catholics in India
regard these Portuguese allegations not only aç false but as a.slur on
thernselves and their country. They point to the five million Catholics in
India, who have absolute religious freedom and enjoy the consideration
and respect of the restof their compatriots. They know that the guaran-
tees of Our Constitution are a reality. Recently, at a widely attended
meeting of Goans inBombay, composed of people ofail shades of opinion,
mostly non-sectarian and non-party, this feeling found. emphatic
expression and the falsity of Portuguese allegations \vas exposed.

13.1 deeply regret that the Portuguese Government should have
decided to arouse religious passions to serve their colonial ends. They
have failedin this endeavour.
14. 1 would like to take this opportunity of stating once again some
aspects of Our basic approach in respect of Goa, when it becornes a part
of the lndian Union :-

(A) The freedom and rights guaranteed by the Constitution
of India and which specificaliy refer to freedom of conscience,
worship and practice of religions, will extend in full measure and
in al1their implicationsto thesc areas.
(B) The special circumstanccs of cultural, social and lingual
relations and the sense of a territorial group which history has

created will be respected.
(c) Laws and customs which are part of the social pattern of
these areas and which are consistent with fundamental human
rights and freedoms, will be respected and modifications will be
sought only by negotiation and consent.
(D) As we have-done in the rest of India, full use will be made
of the administrative, judicial and other services, confident that
the return of freedom to and the unity of these areas with the
motherland will enable adjustments to be made in harmony with
progress and with the desires of the people.

15.The Nouse knows that recently some Notes have been exchanged
between the Portüguese Government and the Government of India. They
have been placed on the table of the House. It wiii be evident from these
Notes that the Government of India have stated their position with
firrnness, clarity and restraiand unprovoked by either the language or
the content of the Portuguese Notes. The Government believe and are
confident that the House will agree that this is and should be the way of .ANNEXES TO PRBLIMINARY OHJECTION (A ?JO. 11) Zog

behaviour of Governments. 1 shall refrain from detailed comments on
the Notes exchangecl except to Say that, consistent with their policy of
settIing differences and resolving problemby conciliation and negotiation
the Governrnent of India promptly accepted the very first offer of the
Portuguese Government to cooperate with them on the issue of impartial
observation. The Government of Iiidia have no objection to tliis and
they have nothing to conceal. They have proposed that representatives
of the two Governments should meet together nt once and implement
the principle on which they have agreed. The last Note of the Portuguese
Governrnent appears to raise some further doubts and difficulties, but the

Government of India have intimated their firm desire to pursue concilia-
tion and negotiation and urged the Portuguese Government to enable
the conference to begin.
16. 1wonld like to say on behalf ciour country and Government that
we have no animosity towards Poriugal or her people. We believe the

freedom of the Goans now subject to Portugal, would be a gain for
Portugal as weU.We wili continue to pursue, with patience and firmness
the path of conciliation and negotiation. Equally, we must declare that
we would be false to Our history and betray the cause of freedom itself
if wedid not state,without reserve, that our country and Government
firmIy and fully believe in the right of Our cornpatriots in Goa to free
themselves from alien rirle andtobe reunited with the rest of the mother-
land. This will serve the cause of friendship and understanding, even
as freedom to India has led to friendly relations between the United
Kingdom anii India. We would therefore invite the Portuguese Govern-
ment to cooperate in the penceful consummation of these endeavours.

17, The position in respect of the French settlemeiits happily affords
at present a different and more Iiopeful picture. I believe we may
reasonably feel that we are nearing the consummation of Our hopes of a
peaceful and lasting settlement, arrived at by conciliation and consent,
honourable and satisfactory to al1 concerned. Exchanges of views and
ideas between ourselves and the Government of France have been in
progress for some time and they are being pursued with goodwill on both
sides. The Prime Minister of France has demonstrated to the world his
yatriotisrn and political boldness as well as his desire for peaceful settle-
ments by negotiation. 1 have eve1.y hope that we shall before long
witness the solution of this problem in the context of the full freedom of
our people and of firmer friendship between India and France.

18. The present phase of this problem is, as I have said, hopeful, but
it has not always been so. The exercise of patience and our firm desire
to reach settlement by ncgotiation has justified itself. The House wjll
perhaps allow me to Say that this policy of acting with patience and
prudence, in accordance with the principles we hold, does justice to
ourselves and also yields results.
.*.........,.,........,.. II ANNEXES TO PRFLIh.IIh'ARY OBJECTIOK (A NO. 12)

Amex A. No. 12

No. D. 4213-A-Eur. 1/52

GOVERNMENT OF IHDIA

New Delhi,
the 16th October, 1952.

The Ministry of External Affairs present their complime~its to the
Legation of Portugal in India and have the honour to invite the Legation's
attention to the following views of the Government of India on certain
legislations promulgated in the Portugueçe Poçsessions in India within
the past few years:

(1) REGULATION ÇEGARIIING THE ENTRY OF INDIANS INTO PORTLJGUESE
INDIA
In accordance with tlie terrns of Decree No. 4590, ilated the 26th
December, 1947, a11 Indians entering the Portuguese Possessions in
India were required to report their place of residence to the local police
authorities in case their stay in tliat territory exceeded 8 days. In terrns
of a modification ofthis decreeas issued in Order-in-CouncilNo. 4632,

dated the 25th March, 1948, it was made compulsory for al1 Indian
nationals to present themselves to the police authorities in the area of
their residcnce within 24 hours of their entering these Portuguese settle-
ments. The local authorities were further empowered to demand any
document or declaration of identification such as waç deemed necessary
to decide the identity of an Indian national.
As a result of representations made by the Consulate General of
India in Goa, the period of 24 hours was amended to 72hours under the
terms of Order-in-Councii No. 5046, dated the 23rd March, rgso.
Nevertheless, despite this change, the fact that al1 Indians are required
to report their entry into the Portuguese possessions in India is an
unfriendly departure from the traditional freedom of entry and residence
within these territories enjoyed ,by Indians in the past and which
ironically enough the decree of1948 itself clearly states in A9: "The
regime of free transit in this territof nationals of neighbouring India
shall continue."
Reports have been received that the terms of this decree are applied
rigourously to Indians entering Portuguese territories. Several instances
of fines having been levied on Indian nationals for faiiure to comply with
these regulations have bcen brought to the notice of the Indian Consulate
General in Goa. FVitiiinthe past few months cases have also been brought

to the notice of the Consulate General ofdia in Goa of Indian nationals
entering and desiring to reside in Goa for over a period of a Iortnight who
have, after complying with the regulations of Order-in-Council No. 5046,
datedthe 23rd Marcii, 1950 b,een called up to the Central Police organisa-
tion at Nova Goa for furtlier questioning. Indeed,it would appear that
the purpose of the original regulations,harsh as they were, is being
extended still further to cause genuine inconvenience and even 1iar:iss-
ment to Indian nationals entering Portuguesc territories. ANNEXES TO PRELI31INARY OBJECTIOS (A 90. 12) 211

(2) REGULATION RSEGARDING CONTRACTS OF ACCOMMODAT~ON
In accordance with Legislative Act No. 1409,dated the 14th February,

1952, amending Legislative Act No. 1371, dated the~gth April, 1951, no
"foreigner" in the Portuguese Posse:isions in 1ndia.i~ permitted to rent
properties for habitation, commerce or industry, either directly or
indirectly, without prior authorisation from the Government applied
for through the Revenue, Services. In the event of non-observance of
this procedure, irnprisonrnentup to six months and a fine of Rs. 500/-
are provided for. A condition for the approval by the Government to
the .conclusion of such contracts for habitation, commerce or industry,
isthat the "foreigner" should have leglrlised or permanent residence in
the Portuguese Possessions in 1ndia.The principal category of "for-eigners"
which lias been affected is Indians who have becn residing in Goa for
normal occupation, commerce, tradi: or the exercise of prcfessions. In
other words, this decree has sought to place further uncaiied for
restrictions oii Indians living in the Portiiguese Possessions in IndiIf
the object of this Decreis,as stated in the preamble, tosolve the problem
of rentals and of a shortage of accommodation, there wouId seem to be
no reason to introdiice undue restr-ictions against a group of people
who constitute less than 2 per cent. of the population of the Portuguese
possessions. In fact, these regulatioris have resulted in placing Indians
at a subst antial disadvantage.

Consequent on the above Decree relating to accommodation, the

Government of the Portuguese Possessions in India have also brought
in force the terms ofa Decree No. 37196; dated the 27th November, 1948,
which, tliough given publicity at that time, has not been made effective.
In accordance with the terms of a circular issued by the Directorate of
Revenue Services, dated the 29th January, 1952, to Taluka Offices,"the
Government have decided that al1 foreigners, including Indians, would
have to apply for permission to reside in the Portuguese Possessions in
India in accordance with the terms of this latter decree of 1948".
The decree relating to accommodation therefore brought in two
additional restrictions on Indians in the Portuguese Possessions in
India-

(1) relating to the renting cif accomn~odation for the purpose
ofhabitation, commerce or industry; and
(2) relating tothe residence by Indians within these territories.

Keports Iiavc been received by the Consulate General of India in Goa
of refiisals by ttie Governmcnt of Portuguese Possessions in Indin of
permission for residence to Indian nationals residing in Goa for several
years, in one case since 1934. 1" ahnost al1 tliese cases representations
made by the Consulate General resulted in a revision of the decisions
reached earlierby the Portuguese administrations in Goa. It was curious,
however, that tlie Govcrnment of the Portuguese Possessions in India
were not prepared to state the reasons for refusal and gave as the ground
for revision the fact tliat "a requcst had been made by the Indian
Consulate GeneraI". It is clearly eviclent that thesc replationare being212 ANNEXES TO PRELIMINARY OBJECTION (A PiO. 12)

applied in an unjustified and unfair manner to Indians living in the
Portuguese Possessions.

Inaccordance with the terms of a notification issued in the "Roletin
Oficial" No. 42, III Series of the 19th October, 1950, certain conditions
are required to be observed in respect of applications for setting up
commercial establishments in the Portuguese Possessions in India. In
the case of foreigners (in which Indians are included) information is
required to be furnished by the appIicant in regard to whether permis-
sion for residence has been obtained and whether the applicant has
reyorted to the police authorities in accordance with the regulations
relating to entry. Not onlyapplicants but the managers of establishments
are also required to furnish similar information.
Kepeated requests by tlie Consulate General of India in Goa to the
Government of the Portuguese Possessions in India for i~iformation

regarding the diçposal of applications received frorn Indians brought no
replies from that Government. A similar request addressed to the Por-
tuguese Legation produced a belated answer that in al1 twelve Indians
have been refused trading licences. In this connection the Portuguese
Legation drew attention to a Ministerial Decree No. 9355, dated the
26th October, 1939, regulating commercial establishments in Portuguese
territories. As far as this Ministry are aware, this decree had not been
applied to the Portuguese Possessions in Tndia until the issue of the
notification, dated the 19th October, 1950, referred to above. In other
words, even though regulations were in force in other Portuguese
territories, regarding the setting up of commercial establishments since
1939, the trnditional regime of free commerce and trade continued to be
extended to Indians in the Portugiiese Possessions in India irntil with-
drawn in October, 1950.

(5) KEGULATION RESGARDING THE OWNERSHIP OF PROHEKTIISÇ
Under the terrns of a decree, No. 28228, dated the 14th November,
1937, brought into force in the Portuguese Possessions in India by a
Ministria1 Act No.16, dated the8th May, 1952,cornprehensive provisions
in respect of the ownership and transfer to or by foreigners of immovable

properties, stocks and shares in companies engaged in exploiting landor
possessing immovable propertics have been brought into force in Portu-
guese possessions in India.The attention of the Portuguese Legation is,
in this connection, invited to this Ministry's note No. D.2878-Eur.1/52>
dated the 16th August, 1952.
The Government of India would observe that the cumulative effect
of this wave of legislation introduced in the Portuguese Possessions in
India since the advent of lndian Independence has been ta destroy the
traditional friendship, the community of interests in commerce, trade
and industry which has characterised the comrnon life of the peoples of
Goa and of other parts of India living in these areas. In fact, the Govem-
ment of those areas has attempted to demarcate and place within the
boundaries of restrictive legislation agroup of people who are oftcn
indistinguishable in race, language, culture or creed from the other
peoples Livingaç "nationals" of those territories.
The Government of India regret that they cannot agree to accept
the argument that economic or commercial considerations as speciiied in -4NNEXES TO PRELIMINARY OBJECTION (A NO, 12)
213
tbe preambIes to some of the above decrees, have necessitated such
legislation directed alniost solely against a small group which, as stated
earIier in this Note, constitutes Iess than two per cent. of the total
population of these areas. On the ot:her hand, the Government of India
is keenly aware of the liberality with which certain classes of foreign
nationals of overseas countries have been dealt with by the Portuguese

authorities in India. Repeated requeçts addressed to the Government of
the Portuguese Possessions in India to assist Indian administrators in
solving such problems as smuggling and contraband traffic have proved
futile.
In this context the Government 01'India would recall that the Govern-
ment of Portugal has often declared its "traditional friendship" to and
its spirit of "trustful collaboration" with the peopIe of India. If this
legislation,and the actions of the Government of the Portuguese Pos-
sessions in India, is any indication the Government of India are con-
strained to observe that these intent:ioiis have not been fulfilled. In the
circumstances, the Government of India is obligecl to request the
Portuguese Government for a substantial modification of the legislation
detailed above, in its effect on Indians, ensuring in general a return to
the conditions of freedom of residence, commerce, trade and occupation
obtaining prior to 1947
The hlinistry of External Affairs take this opportunity to renew to

the Legation of Portugal the assurances of their highest consideration.

The Legation of Portugal in Inclia,
New Delhi. ANNEX B l

EVIDENCE IN SUPPORT OF THE FIRST, SECOND, THIRU
AND FOURTH OBJECTIONS OF THE GOVERNMENT OF

'INTIIA

l In the pleadingas filed, AnnexeA, B and C appeared firsas anncscs to the
t'relirninary Objections and ivere subsequt:~itly reivithslight arriendiiicnts.
among the annexes to the Counter-Mernorial.The presenteditian of Annexes A,
H and C rcproduces the texof the Annexes to the Counter-BIemoriü[n'ufc1iyIlte
Regislry.]~IG ANYEXES TO PRELIMINARY OBJECTION (BNO. 1)

Annex B. No. I

Embaixada de Portugal,
Washington.
Washington, D.C.,
19th December, 1955.
Mr. Secretary-General,

Under Article 36, paragraph z, of the Statute of the International
Court of Justice, 1declare on behalf of the Portuguese Government that
Portugal recognises the jurisdiction of this Couascompulçory ifso facto
and without special agreement, as provided for in the said paragraph z
of the Article 36 and under the following conditions:

(1)The present declaration covers disputes arising out of events
both prior and subsequent to the declarations of acceptance of the
"optional clause" which Portugal made on Decernber 16, 1920,as
a party to the Statute of the Permanent Court of International
Justice.
(2) The present cleclaration enters into force ai the moment it
is deposited with the Secretary-General of the United Nations;
itshaI1be valid fora period of one year,and thereafter until notice
of its denunciaiion is given to theid Secretary-General.

(3)The Portuguese Government reserves the right to exclude
from the scope of the present declaration, at any time duririg its
validity, any given category or categories of disputes, by notifying
the Secretary-General of the United Nations and with effect from
the moment of such notification.

1 avail myself of this occasion to present to you, Mr. Secretary-
General, the assurances of my highest consideration.

(Signed) L. Esteves FERNANDES.

Mr. Dag Hammarskjold,
Secretary-General of the United Nations Organization.
Etc. etc.

Certified truc copy:

(Signed )onstantin A. S~~vso~ou~os,
Legal Coiinçel. 1NWEXES TO PRELIMINARY OBJECTION (B NO. 2) zr7

Annex B. No. 2

Royal Ministry
for
Foreign Affairs Stockholm.
February 23, 1956.
Sir,

By letter of January 19,1956 (C.K. 127. 19.55 Treaties), you have
transmitted for the information of mjrGovernment a copy of the Decla-
ration made on behalf of the Government of Portugal by the Portuguese
Ambassador in Washington in accordance with paragraph 2of Article36
of the Statute of the International Court ofJustice, recognizing as com-
pulsory ipsofacto and without specia.1agreement the jurisdiction of the
said Court.
The acceptance of the jurisdictiori of the Court has, however, been
made subject to i.e. the following cortdition:

"(3) The Portuguese Government reserves the right to exclude
from the scope of the present declaration, at any time during its
validity, any given category or categories of disputes, by notifying
the Secretary-General of the United Nations and with effect from
the moment of such notification." .

The Swedish Government is compelled to state that in its opinion the
cited condition in reality signifies that Portugal has not bound itself to
accept the jurisdiction of the Court with regard to any dispute or any
category of disputes. The condition ~lullifiesthe obligatioii intended by
the wording of Article36,paragraph 2,of the Statute where it is said that
the recognition of the jurisdiction of the Court shall be "compulsory
ipso facto".
For the stated reason, the Swedish Government must consider the
cited condition as incompatible with a recognition of the "Optional
Clause" of the Statute ofthe International Court of Justice.
Accept, Sir, the assurances of my highest consideration.

For the Minister :

(Sig~ted)K. F. ALMQVIST.
Assistant Chief of the Legal Department.

The Honourable Dag Hammarskjold,
Secretary-General to the United Nations,
New York.21s ANNEXES TO PRELIMLIINARYOBJECTION (B NO. 3)

Annex B. No. 3

UNITED NATIONS

Missao Permanente de Portugal
Junto das Nacoes Unidas
New York.

No. 126

Excellenc y,

At the request of the Swedish Government, the ~iited Nations
conïeyed to my Government, by letter of April19, 1956 (C.N.40.1956.
Treaties), the translationofa letter from the Ministry of Foreign Affairç
of Sweden, dated February 23, 1956, commenting upon the Declaration
made by the Portuguese Government under Article 36 (2) of the Statute
of the International Court of Justice.
2. The unequivocal wording of sub-paragraph (3) of the Declaration
offers no basis for the interpretation put upon this particular provisby
the Swedish Government. As, however, the conclusion drawn by the
latter is liable to raise doubts regarding the validity of the Declaration, a
correction is essential.

3. In no way, indeed, does sub-paragraph (3) warrant the concIusion
that the Portuguese Government would be in a position to withdraw from
the jurisdiction of theourt any dispute, or category of disputes, already
referred toit, for it expressly states that the reservation would only take
effect from the date of its notification to the Secretary-General of the
United Nations. The Portuguese Declaration thus produces al1the effect
provided for by article 36 as regards disputes referred to the Court prior
to a possible notification. Hence, the interpretation of the Swedish
Government is not inaccord with the facts.

4. This material flaw would suffice to enable further comment to be
dispensed with. Yet in order to show more clearly the ,absence of any
basis for such doubts as to the validity of the Portuguese Declaration it
should be rnentioned that the contents of sub-paragrapfi (3)amount to
no more than a form-attenuated be itsaid-of the reservation which
several countries have in the past invoked (without ever having thereby
given rise to any objections), of the right to abrogate at any time their
declarations of acceptance. In any case, the Court alone is competent
to pronounce on the validity of these declarations.
5.The Portuguese Government being anxious that no misunder-
standing should subsist in regard to amatter the importance of which is

such ris to require that it should be deaIt witin as precise a manner as
possible, 1should be grateful if Your Excellency would be so good as to
transmit the contents of this Ietter to those Governments and entities
to whom copies of the Ietter from the Ministry of Foreign Affairs of
Sweden, under reference, were sent. ISNEXES TO PRELIMlNARY OBJECTION (B NO. 4) 219

I avail myself of this opportunity to present to Your Excellency the
assurances of my highest consideration.

(Sig.~ted)Albano NOGUEIRA.
Deputy Permanent Representative and
Chargé d'Affaires ai.

His Excellency Dag Hammarskjold,
Secretary-General of the United Nations,
New York.

Annex 13.No. 4

On behalf of the Government of India, 1 now declarc that they accept
as compulsory i$so jactoand without special convention, on coiidition of
reciprocity, the jurisdiction theCciurt,in conformity with paragrüph 2
ofArticle 36ofthe Statute of the Court for a periof5 years from today's
date, and thereafter until such time as notice may be given to terminate
the acceptance, over al1 disputes arising after February $11, 1930, with
regard to sitiiations or facts subsequent to the same date, other tha:

disputes in regard to whicfi the parties to the dispute have
agreed or shall agee to have recourse to some other method of
peaceful settlement ;
disputes with the Government of any other Member ofthe League
which is a Member of the British Commonwealth of Nations,
al1 of which disputes shall be st:ttled in çuch rnannas the parties

have agreed or shall agree;
disputes with regard ta questions which by international law
fa11exclusively within the jurisdiction of India; and
disputes arising out of everits occurring at a tirne when the
Government of India were involved in hostilities.

And subject to the condition that the Government of India reserve
the right to i-equire tliat proceedingij in the Court shall be sus~iended in
respect of any dispute which has been submitted to and is under consider-
ation by the Council of the League (ofNations, provided that notice to
suspend is given after the dispute has been submitted tothe Council and
is given within IO days of the notification of the initiation ofthe pro-
ceedings in the Court, and provided also that such suspension shall be
limited to a periodof 12 months or such longer period as may be agreed
by the Parties to the dispute or determined by a decision of al1 the
Members of the Council other than tlie Parties tothe dispute.

London, February 28th, 1940.

(Signed) ZETLAND,
[Secretary of State for India.]220 -4NNEXES TO PRELIMINARY OBJECTIOW (B NOS. 5-6)

Annex B. No. 5

UNITED NATIONS NATIONS UNIES
NEW YORK

C. No. 127. 1955. Treaties. 19January, r956

COMPULSOKY JURISDICTION OF THE INTERNATIONAL
COURT OF JUSTICE

Sir,

1 am directed by the Secretary-General to transmit herewith, in
accordance with paragraph 4,Article 36, of the Statute ofthe Inter-
national Court of Justice, a copy of the Declaration made on behalfof
the Government of Portugal by the Portuguese Ambassador in Washing-
ton, recognizing as compulsory the jurisdiction of the Court. The
Declaration was deposited with the Secretary-General on 19 December,
1955.
The Full Powers authorising the deposit'of the said Declaration were
received by the Secretary-General on 21 December, 1955. Accept, Sir,
the assurances of my highest consideration.

(Signed) Constantin A.STAVROPOULOS,
Legal Coiinsel.

The Minister for External Affairs,
Government of Tndia,
New Delhi3,
India.

Amex B. No. 6

The undersigned, President of the Council of Ministers of Portugal
acting as Minister for Foreign Affairs, certifies that the Portuguese
Government hereby appoints Ambassador Luis Esteves Fernandes, its
officia1representative to the United Nations,asits plenipotentiary for
the purpose of making the declaration, under Artic36 (2)of the Statute
of the International Court of Justice, that Portugal recognizes the
jurisdiction of this Court as cornpulsorypso factoand without special
agreement, as provided for in the said Article 36 (2) and under the
following conditions

(1)The said declaration shall cover disputes arising out of events
both prior and subsequent to the declarations of acceptance of the
"optional clause" which Portugal made on December 16, 1920, as
a party to the Statute of the Permanent Court of International
Justice. (2)The said declaration shall enter into force at the moment
itis deposited with the Secretary-General of the United Nations;
itshall be valid for a perioneyear, and thereafter until notice
ofits denunciation is givetheosaid Secretary-General.
(3) The Portupese Governnient reserves thright to exclude
from tlicscope of the said dt:claration, at any time durits

validity, any given category or categories of dbypnotifying
the Secretary-General of the United Nations and with effect from
the moment ofsuch notification.
Lisbon,20th December,r955.
(Signed) SALAZAR.

Certified trcopy:
{Sig~aedConstantin A.ST.~VROPOULOS,
Legal Counsel.
--

Annex B. No. 7

Telegram/rom theIndian AmbassudorotThe Hague totheMinistry
ofExternul Affairs, New Delhi

IMMEDIATE
' NDS II DLN 145 S SGRAVENHAGE 53/52 27
1310 ETAT IMP=
IMMEDIATF EOREIGNNEWDELHI =
No 69 HUSAIN FROM KAPUR Sto$ YOUR
TELEGKA MUMBER 461jl JSW DECEMBER 24TH
StopCOPY OF PORTUGUES DECLARATION MADE
TO SECRETARY GENERAL UNITEDNATIONS oh'
DECELIBER I~TH AND RECEIVED HERE TODAY
BY INTERNATIONA CO,URTBEING AIRMAILED
Stop UNDERSTAND COPY liASALSO BEEN
SENT DIRECT TO YOU RY UNITEDNATIONS =
INDEMB.~SSY + +

Annex B. No. 8

Telegramfrom thePermanent Delegaof Ipzditathe UlzitNations,
New York,tuthe Ministrof.Exter.lAlflairs, New De1h.i

BNIMAC IO17 NEWYORK 40 CNT PNTN INDGVT
25 107M =
F~~~~~~ NEWDELHI =
345 Yom 4614 JSW UN SBCIÈIJTAJ~IAT
CLOSED TILL TUEÇDAYStop WILL THEN
AIRMAIL POK'TUGUE SECLA.RATIONIF IT
HAS BEEN MADE + CORDIER JVHOM 1
MANAGED CONTACT IN COUNTRY SAYS
DECLARATION HAS NOT YET REACHED
SECKETA~ G~YNEKAL + = INDIAI>EL +222 ANNEXES TO PRELIMINARY OBJECTION (B NOS.9-10)

Annex B. No. 9

Telegram/rom thePermanentDelegateO/Inagatothe UnitedNations
to theMinisirofExterna1Aoairs, New Delhi

BN/MAC 400 NEWYORK45/43 28 24ZP

CNT PNTNSINDIAGOV =T
FOREIGN NEWDELH I
HUSAIN FROM LALL + N0+530 + CONTINUATION
MY CABLE No+345 OF 24TH DECEMBER +
CORDIE NFORMS ME THAT PORTUGA LAS '
MADE DECLARATlON UNDER ARTICLE 36
PARAGRAPH s OF STATUT EF INTERNATIONAL
COURT OF JUSTICE + COPY AIRMAIEED
TO YOU TODAY + + +

Annex B. No. IO

No. 47161-NGO
January 12,1956.
From
The Secretary to thevt. of India,
Ministry of Extemal Affairs,
New Delhi.
To
The Registrar,
International Court of Justrce,
The Hagiie.

Sir,

1 have the honour, by direction of the Governmentof India,to
acknowledge receipt of your letter No. 231~8dated the 22n1955,.,
addressed to His Excellency the MiniforExternal Affairs, enclosing
a certified true copy of the application filed in the Registry of the
InternationaCourt of Justice on behalf of the Portuguese Republic
institutiiig proceedings against the Republic of India concerning certain
rights or passage ovcr Indian territory claimed by the applicant State.
Thisacknowledgnient is, however, without prejudice to the submission
that India propose make indue course that the Court has no juris-
diction in respect of the matmentioned in the application.
I have also the honoutoinform you that the narne and address of
the agenttothe Govt. ofIndiawill, as required by paraga3hand 5
ofarticl35 of the RuIes of Court, be communicateyoü at an early
date.
I have the honour tbe,

Sir,
Yours faithfully, (Signed)S. DUTT.
Foreign Secretary. EVIDENCE IN SUPPORT OF THE FIFTH OBJECTlON OF

THE GOVERNMENT OF INDIA

1 In the pleadings as filed, AnnA,eB and Csppeared first as annexes to the
PreliminaryObjections and were subsequentreprinted. wislightamendments,

among the annexes to the Counter-MemoriaThe presenteditionof Annexes A,
3 and C reproduces the text of the Annexes to the Counter-Mem[h'ote by the
Registry./224 ANNEXES TO PRELIJIINARY OBJECTION (C NO. 1)

Annex C.No. I

GLOSSARY OF TERMS USED IN ?VIARATHADOCUMENTS

AIN Specific suni or value; in àlarathifinance Ain implies the
original fixed orstandard assessrnent of the revenue or the
lands bearing such assessnient.

AIN BERI] Actual or standard asscssrnent.

AIN DAST Regular cess on fields, etc., as opposed to any incidental or
extra charge.
An anticipatory staternent or estiniate of the receipts.
AJMAS
expenses and net balances of a district made up at the be-
ginning ofthe revenue year.
AKAR Estimüte of revenue yield of a village or district.

AAIADOHAFT
or Coming and going; trafic; entry and exit; import and export.
AMADRAFT

AMAL Revenue administration; colleçtiori of revenue; the share or
portion of revenue; management ; authority; government.

XNTAST Secret expenditure; siims'expended on presents io officia1
persons; an item in Court expenscs of the Peshwa.

A share of the revenue appropriatedby certain oficers of the
Maratha State; special cess in addition to the ordinary
revenue.
BEKI J The total sum of an account; the total amourit of revenue

assessrnent; the total asessmentof a district.
CHAUSH Assessrnent equal to one-fourth of the original standard
assessrnent deniandcd by the Marathas from the Princes of
Hindustan as tribute.

DAKBAR Court; Court of the Peshwa at Poona. Par Darbar = foreign
Court or Courts; foreign affairs.

DAFATA liegister. Dafata Patra= letter from Regiçter.
DAFTAR Office; office in which public records are kept;Secretariat.
Peshwa Daftar = Secretariat of the I'eshwa.

DAROBAST Corriplete.

DAST Portion of revenue actually realised; a tax.
DASTAIC L'assport; permit. Also document autliorising free transiof
goods and their exemption from custom dues.

DESHPAKDE Hereditary accountant of a Mahal. Dues attached to this
office. See IVATAN.

Hcreditary police aiid rcvcnue oiticer of a district.Desh-
mukhi = dues attached to this office. Sce WASAN.
DHARIIIADAI Endowmcnt (cg., of revenue) for religious or charitable
purposes.

A reversionary village, or lands the revenues of which are
granted for life orü terni of years, aiter which they revert
to the State; or lands granted£or service,.or through favour,
subject to resumption at pleasure. ANNEXES TO PRELIMINARY OBJECTIO? (C NO. 1)

FIRANGEE Maratha term for the Portuguese.
GHADNI Ledgerbook.

HAKDAR Holder of right; pi:rson vested with property or privilege;
holder of share of revenue; village officer who claims pre-
scnptive rights or fees.

HANDEKARI Services of labourer. or bullock.
HAZRAT ESTAD Majestic state; term applied to the Portuguese Government
of Goa.

HUZUR The royal presence; by metonymy the person of the prince or
functionary; aIso iiùstractly,the State or Government.

An edifice or a building. especialla large and fine building;
construction of stories or of bricks and mortar; fortification.
X gift; grant of rent-free land, usually in hereditary and
perpetual occupation. Adjective-Inamati.

Incresse of revenue from any additional source; grant of an
entire village rent-freto the chief hereditary village officer.
JrZGlK Literally taking or occupying a place. A tenure common
or under the Moghul and other Mahomedan Governments, in
ivhich public revenu=? of a given tract of land were made
JAHAGIX
ovcr to a servant of the State. She assignment was either
conditional or uni:onditional; in the former case, some
public service as the lcvy and maintenance of troops, or
other specified duty, was engaged for; the latter was leit
to the entire dispasal of the grantee. The assigriment was
either for a stated term, or more usually, for the life time
rifthe holder, lapsing, on hi$ death, to the State, although
iiot unusually renewed to the heir, on payment of a Sazzirana;
or fine, or sometimt.~ specified to be a hereditary assignment;
without which spei:ification it was held to bc a life-tenure
only. A Jagir Ras :ils0 liable to forfeiturc on failure of per-
formance of the ccinditions on mhicli it was granted, or on
the holder's incurriiig the displcasure of the Emperor. On the

uther hand, in the inability of the State to vindicate its
rights, a Jagir wa:; sometimes concerted into a perpetual
and transferable estate: and the same consequence has
resulted from the recognition of sundry Jagirs as hereditary
by the British Govt:rnment after the extinction of the native
Governments bj' which they were originally granted.
Xmount; aggregate; total in general.Xpplied especially to the

debit or receipt sidi: of an account, and tothe total amount
of rent or revenue payable by a cultivator.
JAMABASDl The gencral assessment of lands;the settlement of the amount
to be paid annually; the amount settled, the revenue result-
ing; the account of the revenues.

JARAlBh Sax on liquor.
j IRAYAT Land fit for cultivation not requiring artificial irrigation;
;~lsocultivated lands and their produce, as distinguished from
garden cultivation.

.Articles of agreemtmt; also a document showing the state
and management of a district.
The whoIe sum raised by a viILage to meet the total revenue
demand; the largest. that is maximum, amount of revenue
realisable froni a village or district.226 ANNEXES TO PREI,IR.IIXARY OBJECTION (C NO. 1)

KAMAL AKAR Total tir maxin~um revenue yield or assessment.
KAMAL BER1 J Total or maximum collection of revenue.

KAMAVIS Business of collecting the revenues; also fees collecter.
Karnavisdar= colIector of revenues.

KARKUNI Office, function ofcesof Karkun.
KARSAI An impost of grass, firewood, thatching,etc.. levied on
dependent villages for the benefit of forts.

KAUL EVord;promise; promise of pardon or safe-conduct.

KHARABA Impst on landoccupied by cultivator'house or on waste
lands.
KWERI J External or additional.

KHERI J DAST Extra or additional assessment.

KHERI J JAMA Total of miscellaneous items of revenue.
KULBAB Al1items of revenue.

KULKARNI Hereditaryvillage accountant:dues attached to thisoffice.
See WATAN.

MAHAL A division oa Taluka or district yielding a certain arnount
of revenue accordingto assessment. A grouping of villages
for purposes of revenue assessmentand collection.
Realisation of revenue.
MAHSUL
MAKTA Contract; farm.
MAMLA Management ofa district.

MAMLATDAR -4 revenue officer in charofa district.
MAUZA A village, understandinby that term one or more clusters of

habitationsand al1 the lands belonging to their proprietary
inhabitants;a parcel or parcels of lands havina separate
narne in the revenue records.
MOHTARFA Tax on shopkeepers and artisans.

MUKADAM Headman of village charged with realisation of the revenue
and of its payment to the Government or the person to
whom revenue has beenassigned.
NAKA Outpost. Zakat Naka = post for collection of zakat.

NEMNUK Allowance, &Pend, appointed provision.
NISBAT Belonging to, on the part of.

PANT PRADHAN Prime Minister;the Peshwa, Maratha Ruler of Poona.
PAR DARBAR Foreign Court or Courts; ForeigAflairs.

PARGANA A large division of country with one or more towns at the
head.
PATEL Villageheadrnan charged with police functions;also dues

attached to this office. See WATAN.
PRANT Division of administrationConsistingof a numlier of srnall-
er units called parganas.

RAJESHRI Honorific term.
RAJMANDAL King's Council; the Peshwa's Council of Ministe~s at Poona.

ROZKIRD Day-book: Daily diary. The Peshwa's detailed day diary.
RYOTS Cultivators. ANNEXES TO PRELIMINARY OBJECTION (C NO. 1) 227

SANAD A grant, a diplorna., a charter,a patent; a document con-
veying to an individual emoluments. tittes, privileges,
offices, or rights to revenue from land. etc., undm the seal
of tlie ruling authority.

SARAN JAM Temporary assign~rient of revenue from Maratha villages
or lands for thc life of the grantee; nlso grant made to persons
appointed to civil offices of the State to enable them to
maintain their dignity: such grant was neither transferabie
nor hereditary; and was held at the pleasure of the sovereign.
Saranjamdar = Hotder of such assignment.

SARDESHMUKHI The office of head E)eshmukh; the proportion of IOper cent.
exacted by the Masathas from the revenues of the Eiloham-
rnedan territories O€the Deccan in addition to the Chauth:
itwas originally claimed by Shivaji, founderof Maratha State,
as head Deshmukh.
SARKAR The Government, the State, the siiprerne authonty or ad-
ministration; the governing authority or administrator of

affairs: the ruler, the King. Maratha State, Government or
Sovereign: the Peshwa.
SARPATIL The headmnn of a district;also dues attashed to this office.

SUBEDAR Governor of a province. Suba = a province (srnaller than
Prant).
A district;sub-division of Pargana.

An abstract account.completed from other detailed accounts;
an item in a nurnber of items to be added together, a paper
or list of items tbitadded together.
THALKARI Landed proprietor, as opposed to a tenant or farmer.

THANA The headquarters of a Taluka; also generally a post; station.
VAKIL Advocate ;cnvoy ; emissary .

WASUL Actual realization of the revenue; collection
WATAN Hereditary estate, office, privilege, property,or means of
subsistence; patnmony.

YAD A memorandum; ~iote addresçed to an equal on aficial
business.

ZADTI Clearance of accounts containing details of receipts and
expenditure.
ZAKAT Duties on transit,cxttle, market produce, etc228 ASNEXES TO PRELIMINARY OBJECTION (C KO. 2)

Annex C. No. z

PORTUGUES TEREATY OF 4 MAY1779 AND II JANUARY 1780

Treaty of Agreement between the Majestic State and the Grand Madou
Kau Naraen Pandit Pradan, Regent of Poona

(Arch. da India, livro z" de pazes, fol.277.) Seaofthe
ltognartnsof
Pred ~caling

4 May 1779.

Treaty of agreement made by Nis Excellency the Governor and
Captain General oi India, Dom Jose Pedro da Camara, on behalf of the
Majestic State, with the Most Happy hladou Rau Naraen PanditPradan.
Naraen Vital Dumo \vas sent to the latter and, having conferred upon

matters relating to friendship, made the agreement between the same
Majestic Stateandthe said Grand Pandit Pradan in following 1nanner:-
I.Should the fleet of the State and that of Pandit Pradan meet at
sea, or should single ships encounter each other, or a ship of one party
rneet the entire fleet of the other, they shall proceed amicably upon their
way.

2.Should the fleet of the State and that of Pandit Pradan meet at.
sea, one fleet being in want of wood and water, and the other abundantly-
provided therewith, they shall provide the other fleet therewith. And in
the same way should one fleet be in want of provisions and the other
have abundance thereof, they shall give them of their provisions, re-
ceiving the price thereof in current rupees; and so they shaI1 act reci-
procally .

3. The sIiipsof Chinese parts and from the ports of the State which
navigate the sea for commerce putting into any port laden with mer-
chandise, to buy and sell, shall not be impeded by the fleet of Pandit
Pradan, nor shall the State impede the ships from the ports of Pandit
Pradan, which may trade in those of China.

4. The male and female slaves from the dominions of the State who
may fly to the lands ofPandit Pradan, shall be restored. And this shall
be reciprocally practised.
j.The differences which existed before this treaty sliall be reci-
procally forgotten.

6.This treaty being concluded, should there still be any motive of
jealousy and discord the matter shall first be treated through the
Attorney, and both parties shall reciprocally act with al1 si~icerity.

7.The vessels, parangues, and boats, for trading, which corne from
the dominions of the State to those of Pandit Pradan with merchandise
for commerce, may do so on paying duty in the manner practised from

Translationfrom the Portuguese text given in J. F. J. Hiker, (:ullecç&o de
Tratados econcertosde pazes, etcetera, Lisbon, 18Volume VIlI, atpage 62. ANNEXES TO PRELIhlIKARY OBJECTION (C 50. 3) S29
ancient times, without vexation from anyone. The ~nerchants having
sold their merchandise, may freely take with them vegetables, and other
produce. In the same way the rnercliants from the dominions of Pandit
Pradan, entering those of the State with their boats and parangues, will

sel1their vegetables and other merchandises and buy what they like in
exchange, paying duty thercon according to the ancient custom esta-
blished from the beginning and may withdraw freely without suffering
oppression from any person whatever. .4nd this shall he reciprocally
observed.
8. The trading vessels of both the dominions going to any port,
meeting the fleets of either party, or any ships or vessels of war, shall
not be taken upon the pretext that they have not safe-conducts but
shall be allowed free passage. And should the enemy take trading vessels
from the dominions of either party, at sea, the fleets, or even a vesse1of
either side, which shall meet them in the power of the enerny, shall go to
their assistance and liberate them, and convoy them in safety to the
vicinity of their own rivers. And the commander5 who shall so act shall
be rewarded by their superiors.

9. The fleet of Pandit Pradan having encoiintered the enemy's fleet
and being engaged tviviit,and the fleet and frigates of the State coming
up at that time, the latter shall give them aid and succour, if the said
enemy be not an ally of the said State. The fleet of Pandit Pradan shall
act in the same manner. This shall bi: arranged reciprocally.

ro. This treaty between the Statt: and Pandit Pradan shall be made
known in particular to the Governors upon the confines and others, and
to the comrnanders of the fleets, with orders to take the necessary pre-
caiitions. The same shall be ordered by Pandit Pradan to the Governors,
fleets, and the Marathas of his doniinions. And in case the Governors
concerned and Marathas should fail in its execution, they shall arrange
matters by their intervention. And this shall be observed on brith sides.
II. Military men and high officers and other people from the domi-
nions of the State taking refuge in those of Pandit Pradan, and continu-
ing their plots ancl conspiracies in the said lands of the State, shall not
be allowed to take refuge and conspire there, nor shd the said traitors
be perrnitted to live especially upon the confines of its dominions.In the

same way, rnilitary men and high officers of the household, high or low, 1
or others of the dominions of Pandit Pradan taking refuge in those of
the State, and continuing their plots and conspiracies in the said lands
of Pandit Pradan, shall not be allowed to take refuge and conspire there,
nor shall the said traitors be perrnitted to live especially upon the
confines of his dominions. And this shall be observed reciprocally.
12. The enemies of the State shall not be succoured by Pandit Pradan,
or supplied with provisions or any sort of produce. Neither shall the
State give succour, or anything else, to the enemies of Pandit Pradan.

13. When one of the two parties shall be weaker or stronger than the
other, the strongest shall not contend, against the other upon alIeged
pretexts, but both shail correspond with sincere friendship, in conforrnity
with the agreement.
'14. Portuguese soldiers and othei. people of the State flyingto the
lands of Pandit Pradan shall not be allowed to remain there nor sheltered ANNEXES TO PRELIMINARY OBJECTIOS (C NO. 3)
23O
but shall be forced to return for the purpose of being surrenderIlthe
same way sepoys and others, flying from the dominions of Pandit
Pradan to those of the State, they shall nobe alIowed to remain there,
and without being given sheiter, shall be forced to return.

15. Henceforward the State shall not build any fortifications iany
of the dominions of Gujrat, Saut, Cantevad, Sorat, and other .places
belonging to Pandit Pradan, and shall allow free entry into its dependen-
ciesthrough the ancient ports which the State now possesses.
16. The trading vessels from the domiiiions of the State, reputed
lost, and wrecks coming ashore in the ports of Pandit Pradan, the said
vessels with their cargoes of merchandise shalbe restored. And in case
they should put into port for fear of an enemy they shall notbe inter-
fered with and this shallbe observed reciprocally.
17. As the Majestic State has evinced the greatest friendship towards
this Pandit Pradan, as proved by the Attorney, Pandit Pradan has
agreed to make a contribution in Daman of12,000 rupees starting from
this year through hisDaman jurisdiction by virtue of which he shall
specificallygive to the Statthe Sanad or the confirmatory order of the
villages.

18. In the past its frigatr; was restored to the Statefor its approx-
imate effects Pandit Pradan promised the State the following sum
in rupees :-
Net in one year ................... 66454
Teak wood for the ordinary fitting of the said frigate,beo
transported in one year from Basaim to Daman, of the
value of. ..................... 3000

Total .......... 69454
-
In accordance with the above agreement Pandit Pradan shall give
the State what is stipulated.

Goa, 4 May 1779 . om Jose Pedro Camara.

1 accept, approve, and confirrn this Treaty of Agreement.
Goa, II January 1780. Dom Frederico Guilherme de Souza.

Annex C. No*3

(Part r)

(Peshwa Daftar. Ghadni. Rumal 481,)

Shri.
Agreement concluded by Rajeshri Madhav Rao Pandit Pradhan
dated Suhur Sarnanin Maya Wa Alaf.Rajeshri Narayan Vithal Dhume
having corne to theHuzur from Azam Dom Jose Pedro de Camara and ANMEXES TO PRELIMINAliY OBJECTION (C NO. 3)
231
having communicated certain conti:nts regarding friendship, a treaty
was concluded between the Sarkar and the Firangee of Goa. The articles
are as below :-

[I] When the fleet of the Sarkar meets the fleet of the Firangee
or even a single ship, or a ship of one party meets the fleet of the
other party, they wiII behave in a friendly manner.
[z] When the fleet of the Sarkar meets the fleet of the Firangee
and one side is short of water and fuel and the other has in store
more than it needs, it will give them to the other. If no provisions
are left with the fleet of one side and if the other has in store supplies
more than necessary, the other should give theni on pavment of
cash. This be done reciprocally.

[3]Vessels from Firangee ports in China territory larlen with
merchandise sail on the sea for trading at various ports. The fieet
of the Sarkar will not hinder them and the Firangee will not hinder
vessels from ports belonging to tlie Sarkar when they proceed to
China ports for purposes of trading.
[4j Fernale slaves and male slaves escaping from the Dominion
of the Sarkar into the temtory of the Firangee will be delivered
up. Both parties will act accordingly.

[5]Neither party will revive disputes existing prior to this
treaty.
[6] A bilateral treaty has now been concluded. Should there
aise between the two parties anything contrary to it, after carrying
on negotiations through the Vakil both parties should act in strict
accordance with it.

171Merchant vessels, Padgis or Batelas from the territory of the
Firangee wiIl visit the Sarkar's Dominion with merchandise. They
should engage in trading on paying the customary Zakat to the
Sarkar and they should not suffer molestation from anyone. They
will sell their merchandise and purchase grain and other provisions
and carry them safely. Similarly merchant vessels from the Sarkar's
territory, Batelas and Padgis, will sell grain and other provisions
in the territory of the Firangee and in exchange will purchase
merchandise. After paying the customary Zakat they should
return in safety and should not be mdested by anyone. This is
agreed to by both parties.
181 Merchant vessels belonging to the Dominion of the Sarkar
and the territory of the Firangee sail on the sea for visiting every
port. In case they come across the Aeet or a single man-of-war or
Sibad of either party they shoilld not be seized for not carrying

permits. They should be ailowecl to proceed unmolested. If a mer-
chant' vesse1 belonging to eithei: Dominion happens to be carried
away by the enemy and should it come across the Aeet or a single
ship of either party it should be helped and if there is sufficient
force rescued and escorted to the nearest creek. Action taken as
above by the commander ofa ship should be rewarded by his master.
[g] Should the fleet of the Sarkar encounter an enemy and
should an action commence, and shouId the Aeet of the Firangee
or a frigate arrive on the scene at that time the Firangee should ANNEXES TO PRELIMIKARI' OBJECTION (C Y0. 3)
232
give al1 possible supplies and aid, provided the enemy be not an
ally of the Firangee. This shall be done by fleets of both parties.

[IO] Instructions in pursuance of the treaty concluded between
the Sarkar and the Firangee will be issued to respective frontier
officersand thenavy. In case mamlatdars and officersof the Sarkar's
Dominion act in variance with them they should be ordered to
abide by them. Both parties to act accordingly.

[II] Elders and scions of old and respectable families, and
Zamindars and others from the Sarkar's Dominion whoever escape
into the territory of the Firangee and create disturbances and foment
treason in the territory of the Sarkar should not be given asylum
nor be allowed to foment treason. Traitors should not be allowed
, to stay on the border of each other's Dominion. Siniilarly old
and respectable Zamindars and others from the territory of the
Firangee who escape into the Dominion of the Sarkar and create
disturbances and foment treason in the territory of the Firangee,
should not be given asylum nor be allowed to foment treason.
Traitors will not be allowed to stay on the border of each other's
Dominion. Both parties to act accordingly.

[IZ] The Firangee will not render assistance to the enemy of
the Sarkar and will not provide him with supplies and other com-
modities and the enemy of the Firangee should not be given by
the Sarkar supplies, helpor other commodities.
[rj] ShouId either of the parties become weaker the other wdl
not start a quarrel on some pretext or other, but will act in friend-

ship according to the agreement.
[14] II soldiers and other persons from the Sarkar's Dominion
escape into the Firangee territory they should not be entertained
, nor be given asylum; they should be delivered over. Similarly
Firangee people and others from the Firangee territory escaping
into the Sarkar's Dominion should not be entertained nor given
asylum. They should be delivered over.

[15 ]he Firangee will not establish in future posts aiiywhere in
any place in the Dominion of the Sarkar such as Gujarat, Sawant's
territory, Kathiawad, Sorat, etcetera, and there shall be amadraft
from the ports which at present are in the possession of the Firangee.

[~6] Merchant vessels from the Sarkar's Dominion wrecked and
cast in the ports of the Firangee should be returned alongwiththeir
cargo; in case out of fear of the enemy they seek shelter in a port,
they should not be molested. Both parties will act accordingly.
[17] Narayan Vithal Dhume conveyed assurances that the
Firangee had evinced friendly sentiments towards the Sarkar and
would in future be more friendly. In response, it is agreed that
villages yielding revenue of twelve thousands rupees where the
authority of the Sarkar is unimpeded would be assigned towards
Daman from the cur~ent year. The Firangee will not raise any
Imarat in the same. Such villages will be specified.

[18] The Vijaydurg fleet formerly seized and brought over to
the Sarkar a frigate of the Firangee which \vas returned to him in ANNEXES TO PREI.IMIXXRY OBJECTIOK (C NO. 3) 233
recognition of friendship; agreement to pay money for goods on

the frigate:
Rs. 66454-Cash within a year.
Rs. 3000-Teakwood to be sent from Bassein to Daman within
a year.

In al1 Rs.69454 wiil be paid.

In al1 eighteen articles have beeri agreed upon. Both parties shouId
act accordingly. Agreement should be made to that effect.

6 Jilhej Suhur Samanin, Margasirsha. [16th December, 1779.1

Annex C.. No,3

(Part 2)

'
'Photocopy of Msrathi text supplied with Annex I to the
Portugucse Memorial.)

Shri.

ShriRsja
SahuKingOC
MenTrcnsurc
of JoyXadhav
ho Naragan

Agreement concluded by Rajesliri Madhav Rao Pandit Pradhan
dated Suhur Samanin Maya Wa Alaf. Rajeshri Narayan Vithal Dhiime
having corne to the Huzur from Azarn Dom Jose Pedro de Carnara and
having communicated certain conti:nts regarding friendship, a treaty
waç concluded between the Sarknr and the Firangee of Goa. The articles
are as below :-

[r] When the Aeet of the Sarkar rneets the fleet of the Firangee
or even a singleship,or one ship of one party meets the fleet of the
other party, they will behave in a friendly manner.
[z]Wh& the-fieet of the Sarkar meets the ffet of the Firangee
and one sideis short of water and fuel and the other has in store
more than it needs, it should give them to the other. If no pro-
visions are left with the fleet cione side and if the other has in
store supplies more than necessas., the other should give them on
payment of cash. This be done reciprocally.
- -
[j]Veçselç from Firangee pcirts-in china territory latlen with
merchandise çail on the sea for trading at various ports. The fleet ANNEXES TO PKELIMINARY OBJECTION (CYO. 3) 235

who escape into theDominion of the Sarkar and create disturbances
and foment treason in the tenitory of the Firangee, should not be
given asylurn nor be allowed to foment treason. Traitors will not
be allowed to stay on the border of each other's Dominion. Both
parties to act accordingly.
[IZ]The Firangee wili not i-ender assistance to the enemy of
the Sarkar and will not providr: him with supplies and other com-

modities and the enerny of the Firangee should not be given by the
Sarkar supplies, help or other comrnodities.
[13]Should either of the parties become weaker the other will
not start a quarrel on some pratext or other, but will infriendship
according tothe agreement.
[rq] Ifsoldiers and other persons from the Sarkar's Dominion
escape into the Firangee territciry they should not be entertained
nor be given asylum; they should be delivered over. Similarly
Firangee people and others frc~m the Firangee temtory escaping
into the Sarkar's Dominion should not be entertained nor given
asylum. They should be delivered over.

[IS]The Firangee will not eçtablish in future posts anywhere in
any place in the Dominion of the Sarkar such as Gujarat, Sawant's
territory, Kathiawad, Sorat, etcetera, and there shail be amadraft
from the ports which at presentare in the possession of the Firangee.
[r6] Merchant vessels from tlie Sarkar's Dominion wrecked and
cast in the portsof the Firangee should be returned dong uith their
cargo; in case out of fear of the enemy they seek shelter in a port,
they should not be molested. Both parties will act accordingly.
[17]Narayan Vithal Dhumr: conveyed assurances that the
Firangee had evinced friendly sentiments towards the Sarkar and
would in future be more friendly. In responçe, it is agreed that
villages yielding revenue of twdve thousand rupees where the
authority ofthe Sarkar is unimpededwould be assigned toivards
Daman from the current year. The Firangee wiU not raise any

Imarat in the same. Such villages will be specified.
[18] The Vijaydurg fieet formt:rIseized and brought over to the
Sarkar a frigate of the Firangee which was retiirned to him in
recognition of friendship; agreement topay money for goods on the
frigate:-
Rs. 66454-Cash within a year.

Rs. 3000-Tealrwood to I)e sent from Bassein to Daman
within a year.
--
--s. 69454

In al1Rs. 69454 will be paicl..
In al1 eighteen articles have been agreed upon. Both should
act accordingly. Agreement should be made to that effect. Be it
known 7 Jilhej [17 December 17791 .rders be obeyed (end of
writing).
--236 ASNEXES TO FRELI\IISARY OBJECTION (C NO.4)

Annex C.No. 4

ANANTKAMOD ~.~GH's PORTUGUES TERANSLATI OOFNTHE MARATHA
TREATY OF 17DECEMBER 1779 l

Translation of the same Treaty in the manner in whicli was executed in
Poona

(Arch.da India, livrozo de pazes, fol286.)

17th Decernber,1779.

Treaty of agreement made by the Sarkar ofthe honourable Madou
Rau Pandit Pradan, in the year of the Muslirn era 1180[1779]. The
esteemed Naraen Vital Dumo having corne llither on behalf of the Magni-
ficent Dom Jose Pedro da Camara, Portuguese Viceroy of Goa, conferred

upon matters relating to friendship and the agreement between this
Sarkarandthe Portuguese ofGoa was drawn up in the followirigmanner:
I. Should the fleet of the Sarkar and thatof the Portuguese rneet at
sea, or should single ships encounter each other, or a ship of one party
meet the entire fleet of tlie other, they shall proceed amicably upon their
way.

2. Should the fleet of the Sarkar and thatof the Portuguese meet at
sea, one fleet being in want of wood and water, andthe other abundantly
provided therewith, they shall provide the other fleet therewith, and
in the same way should one fleet be in want of provisions and the other
have abundance thereof, they shall give them of tlieir provisions,
receiving the price thereof in current rupees; and so they shall act
reciprocally .

3. The shipsof Chincse parts and from the ports of the Portuguese
which navigate the sea for commerce putting into any port laden with
merchandise, to buy and sell, shall not be impeded by the fleet ofthe
Sarkar, nor shall the Portuguese impede the ships from the ports of the
Sarkar, which may trade in those of China.
4. The male and female slaves from the dominions of the Sarkar
who may fiyto the lands of the Portupese, shallbe restored. And this
shall be reciprocally practised.

5. The differences which existed before this treaty shall be recipro-
caily forgotten.
l Translatiofrom the Pur.tuguese text giinnJ. F.J. Bilrer, Collecçde
Tratadose concertosde pazes, etcetera, Lisb1885,Volume VIII,at page 67. AIJIYEYES TO PRELIMIIIAl<T OBJECTIOY (C KO. 4) 237
6. This treaty being concluded, should thcre still be any motive
of jealousy and discord the matter shall first be treated thrciugh the

Attorney, and both parties shall reciprocally act with al1sincerity.
7. The vessels, parangues, and boats, for trading, which come from
the Portuguese dominions to those of the Sarkar, with merchandise for
commerce, rnay do so on paying duty to the Sarkar in the manner
practised from ancient times, without vexation from anyone. The mer-
chants having sold their merchandisi:, rnay freely .take with them vege-

tables, and other produce. In the same way the merchants from the
dominions of the Sarkar, entering those of the Portuguese with their
boats and parangues, will sel1 their vegetables and other merchandise
and buy what they like in exchange, paying duty thereon according to
the ancient custom established from the beginning and may withclraw
freely without suffering oppression from any person whatever. And this
shall be reciprocally observed.

8. The trading vessels of the doininions of the Sarkar and of the
Portuguese going to any port, meeting the fleets of eitlier party, or any
ships or vessels of war, shall not be taken upon the pretext that they
have not safe-conducts but shall be allowed free passage. And çhouid the
enemy take trading vessels from the dominions of either party, at sea,
the fleets, or even rr vesse1 of either side, which shall meet them in the
power of the enemy, shall go to their assistance and liberate them, and
convoy them in safety to the vicinity of their own rivers. -4nd the
commanders who shall so act shaIl bti rewarded by their superiors.

g. The fleet of the Sarkar having encountered the enemy's fleet and
being engaged with it, and the Portiiguese fleet and frigates coming up
at that tirne, the latter shall give them aid and succour, if the said enemy
be not an ally of the said Portuguese. This shall be observed by the fleets
on both sides.

IO. This treaty between the Sarkai- and the Portuguese shall be niade
known in particular tothe Governorsupon the.confines and others, and to
the conimanders of the fleets, with 01-dersto observe it. And in case the
Governnrs concerned and hlarathas should fail in its execution, they
shall arrange matters by their intervention. And this shall be observed on
both sides.
II. Military men and high officers of the household, high or low, or
.others of the dominions of the Sarkar taking refuge in those of the

Portuguese and continuing their plots and conspiracies in the said lands
of the Sxkar, shall not be allowed to take refuge and conspire tiiere, nor
shall the said traitors be permitted lo live especially upon the confines
of their dominions. In the same way, militas. men and high officers, and
others flying from the Portug-uese dominions to those of the Sarkar and
continuing their plots and conspiracies in the said lands of the Portu-
guese, shall not be allowed to take refuge and conspire there rior shall
the said traitors be permitted to live, especially upon the co~ifinesof
their dominions. And this shall be observcd rcciprocally.

12. The enernies of the Sarkar sh:ill not be succoured by the Portu-
guese, or supplied with provisions or any sort of produce. Neither shalI
the Sarkar give succour, or anything else, to the eiiemies of thi: Portu-
guese.
17 ANNEXES TO PRELIMINARY OBJECTION (C NO. 4)
~38
13. When one of the two parties shall be weaker or stronger than the
other, the strongest shall not contend against the othcr upon alleged
pretexts, but both shall correspond with sincerefriendship, in conformity
with the treaty.

r4. Sepoys and others flyingfrom the 1)ominions of the Sarkar to
those of the Portuguese, shall nobe allowed toremain there nor sheltered
but shall be forced to return. In the same way Portuguese soldiers and
others, flying from the Portuguese dominions to those of the Sarkar, they
shall not be allowed to remain there, and without being given shelter,
shall be forced to return.
15. Henceforward the Portuguese shall not build any fortifications
in any of the dominions of Gujrat, Saut, Cantevad, Sorat, and other
places belonging to thc Sarkar,and shall allow free entryinto their depen-
dencies through the ancient ports which they now possess.
IG. The trading vessels of the dominions of the Sarkar, reputed lost,
and wrecks ashore in the Portuguese ports, the said vesseIs with their
cargoes of merchandise shall be restored. And in case they should put
into port for fear of an enemy they shall not be interfered with and this

sliall be observed reciprocalIy.
17. As the Portuguese have acted with the grcatest friendçhip towards
this Sarkar, as proved by Naraen Vital Durno, which friendship shall
be maintained henceforward, from the current year he shall give,
namely in Daman, villages of Ia,ooo rupees, without having in them
dominion, nor any other hindrance on the part of the Sarkar and in
wliich the Portuguese shall not erect buildings in accordance with the
arrangement made, and the villages shall be specifically mentioned.
18. In times past a frigatc was captured from the Portuguese by the
Sarkar and fleet of Vizaedurga (Griem), which was restored in consider-
ation of the said Portuguese friendship and for the merchandise therein
he promised the folloin'ng sum in rupecs :-

Net in one year ................... 664.- .
Teak wood to be transported in one year, from Rasaim to
Daman. To the value of .............. 3000

Total ....... 69454
-
Amounting to 69,454 rupecs which shall be settled.

Altogether there are eighteen articles agreed upon, to be reciprocally
observed, in the manner therein set down, and thus it basbeen agreed.
Written on the 7th of the month GiIahez [17 December 17791. Firmly
resolved.
\JTritten on the small seal: end of the document. Translated by me
Ananta Camotim Vaga-Interpreter of the State of India-Gth of
January, 1780-Ananta Camotim Vaga. ANNEXES TO PRELIhlINARY OBJECTION (C NO. 5) 239

Annex Il. No.5

(Peshwa Daftar. Ghadni. Rumal 477.)
(Copy according to original.)

A treaty was concluded with the Firangee of Goa. Articles thereof

have been recorded irithe Portuguesi: languagc. Tlie prcsent is a Hindavi
[Indian, meaning Marathi] rendering of the same.
His Excellency the Governor and Captain General of India, Dom
Jose Pedro Da Camara, on behalf of Hazrat Estad despatched Narayan
Vithal Dhume to the presence of Rajeshri Madhav Rao Pandit Pradhnn.
After friendly discussions a treaty was concluded betwecn the Firangee
State and the Pandit Pradhan. Tlie articles are detailed be1ow:-
(1) When thc fleet of the Fil-angee State meets the fleet of the

Sarkar or even a single ship at sea, or one ship of one party were to
' meet the fieet of the other, they will behave in a friendly manner.
(2) When the fleet of the Fii-angee State meets the fleetof the
Pandit Pradhan on its way ancl one side is short of wood or fuel
the other side will give them to the former if it has sufficient to
spare; and if provisions are short in the Aeet of one party and
the other has more than it needs, it should give them on payrnent
. of cash. Both will act accordingly.
(3) Vessels from ports of the Firangee State in China territory

laden with merchandise sail on the sea for trading at various ports.
The fleet of the Pandit Pradhan will not obstruct them. Nor will
the vesseIs from the ports of tlie Pandit Pradhari going to China
ports for trading be obstructcd by the Firangee State.
(4)Femnle slaves and male slaves escaping from the Dominion
of the Firangee State into the territory of the Sarkar will be delivered
up. Both to act accordingly.

(5)Disputes prior to the present treaty will not be revived.
(6)A bilateral treaty has been now concluded. Should there
arise between the two parties anything contrary to it, after carrying
on negotiations through the Vakil, both sides should act in strict
accordance with it.
(7)hlerchant ships of various types-Tarandis, Padgis, or
Batelas-from the Dominion OS the Firangee State will visit the
Dominion of the Pandit Pradhan carrying merchandise. They

wili engage in trading, paying customs duties according to usage
and wiil not suffer molestation from anybody. Merchants will sel1
their merchandise and purchase provisions and other articles and
carry them safely. Similarly merchant vessels from the Dominion
of the Pandit Yradhan-Batelas, Padgis-visiting the territory
of the Firangee State, wilI sey provisions and other articles and buy
in exchange produce from there, After. paying customary Zakat2q0 ANNEXISS TO PREI,I3IIh'ARY OBJECTlOh' (C NO. j)
they will sail in safety. They will receive no rnolestatiori from
anybody. This isagreed to by both parties.

(8) Merchant vessels of both Dominions sail or1 the sea to visit
whatsoever State. If they came across the fleet of either party
or a man-of-war or a sibad they should not be seized on the ground
of not carrying perrnits. They should be allowed to proceed in

safety. If a merchant vesse1 belonging to either State happens
to be carried away by the cnemy at sea and shoiild it corne across
the Aeet ora single ship of either party it should be giveti help and
if there is sufficient force, rescued and escorted to the nearest creek.
Action taken as above by commander of a ship will be rewarded
by his master.

(9) If the fleet the Firangee State or its frigates arrive at the
time when the fleet of the Pandit Pradhan is engaged by the enemy,
they will give provisions and render whatever help is possible
provided the enemy bc not an ally of the Firangee State. The fleet
of the Pandit Pradhan will do accordingly. This is agreed to by
both parties.

(IO) Instructions in pursuance of the treaty between the Firangee
State and the Pandit Pradhan will be issued to frontier officers
and the navy. The Pandit Pradhan will likewise instruct bis officers,
navy and Marathas [Maratha Chiefs]. In case the Mamlatdars and
Saranjamdars act in variance thereof they should be ordered to
carry it out. Both parties to act accordingly.

(II) Ancient respectable land-holders and others from the
Dominion of the Firangee State escaping into the Dominion of the
Pandit Pradhan and creating disturbances and fomenting treason
in the territory of the Firangee State will not be given asylum;
neither will they be allowed to foment treason nor to stay on the
border of each other's Dominions. Similarly seniors and juniors
from land-holders of respectable families from the Dominion of
Pandit Pradhan escaping and creating disturbances and fomenting
treason in the Sarkar's territory should not be given asylum;
neither will they be allowed to foment treason nor to stay on the
border of each other's Dominion. 30th parties to act accordingly.

(12) Thc Pandit Pradhan will not render assistance to the
enemy of the Firangee State and will not provide him with supplies
and other comrnodities. The Firangee State likewise will not aid
the enemy of the Pandit Pradhan.

(13) Should either of the parties become weaker the other wilI
not start a quarrel on some pretext of other, but will act in friend-
ship according to the agreement.

(14) Firangees and other people from the Firangee State escaping
into the Dominion of the Pandit Pradhan should not be entertained
nor be given asylum. They should be dclivered over. Likewise
soldiers escaping from the Pandit Pradhan's Dominion into the
Dominion of the Firangee State should not be entertained nor be
given asylum. They should be delivered over. APINEXES TO PRELIMIKARY OBJECTION (C KO. 6) 241
(15)The Firange State will not eçtablishinfuture posts in any
place of the'Dominion of Pandii: Pradhan such as Gujarat, Sawant's
,.,*,territory, Kathiawad and Soraf:. There shall be amadraft from the

ports he already has from the beginning.
'' (16)Merchant vessels from the Firangee State rvrecked and
cast in the ports of the Pandit I'radhan will be returned with cargo.
If out of fear of the enemy they take slielter ia port they shall
not be molested. Roth parties will act accordingly.

(17) The Firangee State entertains friendly sentiments towards
the Pandit Pradhan; the envoy conveyed assurances. Therefore
8 . itis agreed that the Pandit Pra.dhan should assign towards Daman
from the current year a Jagir of the revenue of twclve thousand
', n~pees in Prant Daman. Accordingly a sanad listing tlie villages
be given to the Firangee Statf: by making a separate ab~eernent.

' (18) -4 frigate belonging to the Firangee State was returned
previoiisly; for equipage on the sarne the Pandit Pradhan ageed
formerly to give as under :-

Rs. 66454-in cash within a year.
Rs. 3000411 Teakwood to be sent from Bassein to Daman for
loss of miscelian~:ousequipage.

Rs. 69454-within a year.

Accordingly as ageed the Pandit Pradhan will comyensrite the
Firangee State. Written at Goa, LIMay 1779, 16 Rabilakhar. Srihur

"79.
Dom JOSE Pedro DACAMARA.

This agreement we consent to and it shall be observed.

Goa dated II January 1780. 3 Muhai.rani1180.

Dom Frederico Guilherme DE Souz.4.

Annex (:.No. 6

MEMORANDU RMEGARDING CAMARV AI,CERO YF GOA.
24AUGL~S rT76

(Itihas Sartgraha. Par Darbar Maratha Vakils, pages 32-38.)

Mernorandun1 regarding Dom Jose Pedro De Camara, Viceroy of Goa,
in the year Saba Sabain Maya Wa Alaf. Narayaii Vithal Dhume,
Vakil from Firangee of Goa carne to the Huzur and requested that
çincere friendship between the Sarkar and the Firangee of Goa he
established.On that account from the Sarkar . . .articles.

i242 ANNEXES TO PRELIMINARY OBJECTION (C NO. 7)

Frigate seized by Dhulap was returned to the Firangee.
Equipage on it remained with the Sarkar. Estirnated value
of the same .................... Rs. 66454
A Botello was seized ai Vijaydurg, estimated value of
goods in it ..................... Rs. 1800
--
Rs. 68254
For this, dates of yayment.

Bhadrapad Paurnirna ................ 23000+-0
Kartik Yaurnima .................. z;ooe+-o
Paush Shudh 1 ................... zzz54-0-0

68254-00
--
Sixty-eight thousand two hundrcd fifty-four rupees may be paid
according to said dates without fail from the Sarkar. In a manncr con-
sistent with this the amount received may be deducted, and tlie balance
be paid. Accordingly agreement to be made.
The Sarkar and the Firangee have entered into sincere friendship.
Therefore if Shri Dada Sahib (Raghoba) or any enemy from this side
goes over he should not be given asylum. 'Thisshould be acted upon in
an unequivocal manner. In like manner no asylum be giveil by the
Sarkar also. Agreement to be made accordingly.
Botello seized by Dhulap should be restored. If that Botello is not
given, another from Bassein fleet rnay be given in exchange. It should
be given in three months. Agreement to be made accordingly.
Frigate was returned to the Firangee. It is said that equipage on it
-sails, masts, ropes, etcetera-hasremained with the Sarkar. Estimated
value of that 3000.
A Sanad should be issued to Visaji Keshav to send timber worth
Rs. 3000 to Daman from Basseir.
The Sarkar and the Firangee entered into friendship. Therefore the
Firangee shouId be assigned villages ofKama2 Beïij [total revenue yield]
of Rs. 15000 useful to Daman. Care should be taken that after the
assignment the authority of the Sarkar will meet with no obstruction.
Accordingly without interruption of Sarkar's authority they should be
assigned. Imarnt should not be erected in villages so assigned. According
to this, agreement be made.
g Rajab San Saba Sabain, Bhadrapad month [24 August 17761.

Annex C. No. 7

(Pcshwa Daftar. Ghadni. Rumal 496.)

Memorandum relating to the Firangee of Goa Suhur Samanin Maya Wa
Alaf [1779].
Narayan Vithal Dhume came from the Firangee of Goa to the Huzur
and represented that sincere friendship be established between the ANNEXES TO PRELIMINARY OBJECTION (C XO. 7) 243

Governments of the Sarkar and of Goa. Accordingly friendly relations
were established and a treaty was concluded. Following are the articles
to be executed which were proposed in the draft of Saba Sabain [1776/
17771.
The Frigate formerty seized by Dhulap was returned to the Firangee.
Its equipage and other goods that remained with the Sarkar are cstimated
at Rs. 66454.
The value of goods found in the botello at Vijayadurg estimated at
Rs. 1800.
It is decided to make good the value of goods in the frigate and the
botello amoiinting to Rs. 68254.The amount paid back so far isto be
deducted and the balance paid.
A bote110which Dhulap formerly came into possession of should be
returned. If the same cannot be returned, another from the Bassein

fleet should lie given in its place.
The botello seizedby Dhulap be returned. If this cannot be done,
a bote110fromthe Bassein fleetbe given in eschange. This be done.
Equipage of the vessel returned--masts, sails, ropes, etc., valued at
Rs. 3000. Orders to be issued to Visaji Keshav to send timber from
Bassein to Daman of the value of Rs. 3000. This is done.
On account of the establishing of'friendship of the two Sarkars, the
Firangee is to he assigned towards Daman villages frorn the current year
of the total revenue of Rs. 12000. The envoy gave proof of the friendship
of the Firangee and assures of its continuance and knowing that he is a
reliableperson and will make the Firangee act in theinterest of the Sarkar
according to the treaty, iis agreed to grant him a Jagir ofRs. 3000 from
the Sarkar. Villages adjoining Damam be selected for making this grant.
It is thus agreed to assign villages of Rs. rçooo. Villages in which there
is no restriction on the authority of the Sarkar and of the total value of
the amount should be seiected. No Imarat should be constructed in them.
Agreement should be concluded accordingly.
Sanad should be issued to Visaji Keshav to assignvillages of the total
value of Rs. 15000 from Prant Bassein according to agreement.
This isdone.
Jagir of Rs. 15000 has been assigried together to the Firangee and his
envoy Narayan Vithal Dhumc. From thisthe revenue for the current
year realized by the Sarkar be returned. Letter to Visaji Keshav.
Agreement has been made to assign villages of Rs. 15000 from the
current year. It should be agreed to retum the revenue received by the
Sarkar during the current year.
Sanad granted.

Dated IO Jilhej Suhur Samanin Margasirsha [~g December 17791.
Sanad to be issued. ANNEXES TO PRELIMINARY OBJECTIOX (Cxo. 8)
244
'Anncx C. No. 8

(Part 1)

I a (Peshwa Daftar. Ghadni. Rumal 395)
Swari Rajeshri Pant Pradhan.

Suhur Samanin [1780].
Saranjam to Firangee of Goa.

Sanad dated 5th Safar Magh [II February 17801.

Narayan Vithal Dhume, Firangee envoy, has conveyed assurances
that the Firangee is friendly totvards the Sarkar and would continue
likewise in future. Therefore a Sanad is issued according to agreement
that on behalf of tlie Sarkar villages adjoining Daman worth ihree
thousand rupeeswhere the Sarkar's authority runs unimpeded lieassigned
to the above person by way of allowance. No lmarat of any sort be raised.
Accordingly viLlages yielding total revenue of Three Thousand near
Daman in Taluka Bassein be assigned by way of allowance from this
Mear.Revenue collection made for the year be returned. Sanad issued to
Visaji Keshav.

Saranjam to Firangee of Goa.
Sanad dated 4th Safar [IO February 17801.

The Firangee of Goa is in amity with the Sarkar. Thereiore Sanad is
issued according to agreement, that villages adjoining Daman and of
the revenue of twelve thousand rupees and without restriction on the
authority of the Sarkar,and wherc no building shail be raised,be selected
for the Firangee. Therefore villages of total revenue of twelve thousand
rupees adjoining Daman in Taluka Bassein be assigned from thisyear
according to the agreement. Revenue Collection made for this year be
returned. Sanad issued to Visaji Keshav.

Annex C. No. 8
(Part 2)

(Peshwa Daftar. Konkan. Rumal 1865.)

Swari Rajeshn Pant Pradhan.
Prant Bassein under the administration of Visaji ICeshav.

From the Register.
5 Safar [II February 17801 Frigate of the Firangee of Goa was

foherly seized by Dhulap, It belonged to the Firangee and was there d#NYE.YES TO PRELIhiI'JARY OBJECTIOS (C NO.9)
245
fore returned to hiin. The equippage-masts, sails, ropes, etcetera-
remained with the Sarkar. Its value has been fixed at Rs. 3000 for which
timber is [to bel given. Therefore, from the Taluka timber worth rupees
three thousand rnay be sent to Daman. Tcakwood rnay be given against
the value. Order issued to Visaji Keshav.
The Firangee of Goa has put friendly relations with the Sarkar.
Therefore, Sanad l-iasbeen issued making agreementthat to the Firangee
may be assigned. villages adjoining Daman worth twelve thousand
rupees and without restriction on thi: authority of Sar;and 110imarat

be raised. Therefore, villages worth rupees twelthousand carryingthis
total incornemay be assigned according to agreement from the present
year. The revenue for current year, you rnayhave collected so far,
should be returned. Sanad issued to Visaji Keshav.

Annex C. No.g
(Part I)

RECOR ODFSANAD OF 31 MAY1780, AND 3 JUNE 1780, IN F:iVOUi<
OF THE PORTUGUES A ND THE PORTUGUESE ENVOY

(Peshwa Daftar. North Konkan. Rumal 1857).

Sanads for villages assigned to the Firangee of Goa in Suhur Samanin
from Taluka Bassein.
Villages were granted to the Firangee. The Sanad was [issued] 26th
Jarnadilaval (31 May 17801 F.rom Pargana Pawadi-annual revenue:-

T Mauza Pachakai ...............
I Mauza Parwase ................
I Mauza Asame .................

r Mauza Sudhalwade ..............
I hlauza KachwahaI ...............
I Mauza Nimkhal ................
I Mauza Rarkai .................
.
I Mauza Wagsip Budruk .............
I Mauza Wagsip Khirrd .............

Sanad to the Firangee envoy dated 29th Jarna~ljlaval[3 June r78oj.

The revenue of villages Pargana Pawadi :-
I Mauza Kubharia ............... 1253- 3-
r Mauza Suklav ................ 1746-12-6

3000- 0-0246 ANNEXES TO PRELIMINARY OBJECTION (C NO. 9)

Annex C. No. 9

(Part 2)

ENTRY OF SANAD ISSUED TO VISAJI KESHAV ,UBHDA RF BASSEIN I,
FAVOUR OF THE PORTUGUESE.3 JUNE 1780

(Peshwa Daftar. Konkan Bassein. Rumal 1865.)
Swari Rajeshri PantPradhan Suhur Çamanin Prant Bassein in charge
of Visaji Keshav.

rom the Register.

The Firangee of Goa is keeping friendly relations with the Sarkar.
Therefore formerly Sanad was issued to you after making agreement to
the effect that villages adjoining Daman of the revenue of twelve
thousand rupees, in which the alrthority of the Sarkar is unimyeded and
of theabove Kamal Akar [total revenue yield] should be assigned from
Prant Bassein and no Imarat be constructed. But villages were not
assigned. Therefore this Sanad is issued for assigning villages from Parga-
na Pawadi on the basis of the Kama1 Akar oSan Salas Sabain excluding
Sarkar's Watans of Deshmukh, Despande, Gaon-Kulkarni and Çar-Patil,
and of Zakat, the villageto be assigned from the current year being
nine villages of tKamal Akar of twelve thousand and fifteen rupees:-
Mauza Pachkai .................
Mauza Par vase ..................

Mauza Asarne. .................
Mauza Sudhalwada ...............
Mauza Kachwahal ................
Mauza Nirnkhal .................

Mauza Borlai ..................
Mauza Wagsip Budruk ..............
Mauza Wagsip Khurd ..............

Therefore the remaining Amal [revenue] of the villages excluding
Sarkar's Watans and Zakat be made DumaIa to the Firangee and be
shown on the debit side of the accounts of the said Prant. No Imarat be
constructed in the villages. Sanad to Visaji Keshav. ANNEXES TO PRELIRIINARY OBJECTION (C NOS.9-10) 247

Annex C.No.9

ENTRY OFSANAD ISSUED TO VISAJI KESHAVS , UBEDAR OF BASSEIN ,N
FAVOUR OF NARAYA N ITHAL DHUME3 . JUNE r7So

(Peshwa Daftar. Konkan Bassein. Rumal 1865.)
Swari Rajeshri Pant Pradhan Suhur Samanin Prant Bassein in charge
of Visaji Keshav.

From the Register.

29 Jamadilaval [3 June1780.1

Narayan Vithal Dhume, Firangee Vakil, has conveyed assurances that
the Firangeeis friendly towards the Sarkar and woiild continut: likewise
in future. Therefore formerly a Sanad was issued to you aftmaking
an agreement to the effect that villages in Prant Bassein yielding revenue
of three thousand and having the ~tuthority of the Sarkar unimpeded
therein should be assigned and thatno Imarat should be constructed
therein.But the villages were not assigned. Therefore after making
an agreement to the effect that froPargana Pawadi of the said Prant
two villagesof the Kama1 Akar of three thousand mpees excluding
SarkarJsWatans of Deshmukh, Despande, Gaon-Kulkarni and Sar-Patil,
and Zakat, be assigned from the current year :-

Mauza Kubhariye ................ 1253- 3-6
Mauza Suklav ................. 1746-124

Therefore excluding Government Watans and Zakat the remaining
Amal [revenue] of the said villages be giveDumala to him and be
show on the debit sideof the accounts othesaid Prant.No Imarat be
constructed. Sanad to Visaji Keshav.

Annex C. No. IO

(Peshaw Daftar. Rozkird Rumal 115.)

Rajmandal.
Swari RajeshriPant Pradhan.

29 Jamadilaval Samanin [3 June 17801.
From the Register.

The Firangee of Goa isin friendly relations with the SaTherefore
a sanad was formerly issued to you for granting to the Firangee by way ANNEXES TO PRELIMINAKY OBJECTION (C XO. IO)
24S
of allowance villages adjacent to Daman, of the Kamal Akar [total
revenue yield] of twelve thousand rupees, where the Sarkar's authority
is iinirnpeded, selecting them from Prant Bassein, and that no Imarat
be constructed therein. But the villages have not been assigned. There-
fore this Sanad is issued for assigning villages from Pargana Pawadi on
the basis of the Kama1 Akar of San Salas Sabain excluding Sarkar's
Watans of Desmukh, Deshpande, Gaon-Kulkarni and Sar-Patil and of

Zakat, the villages to be assigned from the current year being nine
villagesof the Kama1 Akar of twelve thousand and fifteen rupees.
Mauza PanchKai ................

Mauza Parvase .................
Mauza Asame .................
. Mauza Sudhalwade ...............
Mauza Kachwahal ...............

Mauza Nimkhal ................
Mauza Borlai .................
Mauza Wagsi- - Budruk .............
Nauza Wagsip Khurd. ............. 961- 5-0

12015- 0-0

The sanad is issued after making an agreement for granting from the
current year nine villages of the total revenue of twelve thorisand fifteen
rupees. Therefore from these villages excluding Sarkar's Watans and
Zakat the rest of the right of share in the revenue has been so made over
to the Firangee that it may revert on the termination of the grant.
Revenue of these villages may be shown on the debit side in the accounts
of the Prant. Construction of Imarat in the villages should not be per-
mitted. Sanad to Visaji Keshav accordingly. Sanad to Mukadams of nine
villages to the effect that they should make themselves amenable to the
Firangee and pay him the revenue of said villages exclusive of Sarkar's
Watans and Zakat. Agreement has been made that no Imarat is to be
raised in the said villages. Therefore no Imarat may be permitted to be
raised. AXXEXES TO PRELIMINARY OIJJECTIOY (C NO, II)
249
Annex C. No. II

MEMOKAND UFMTHE DETAIL SF THE ASSIGNMEN TOTTHE PORTUGUESE
AND TO NARAYAV NITHAL DHUME, 3 JUNE 1780

(Peshwa Daftar. North Konkan. Kumal 1857.)
(Copy according to original.)

Memo. in respect of villages in Pargana Pawadi of Prant Bassein to be
assigned to the Firangee exclusivcifthe Watans of Deshmukh, Desh-
pandc, Kulkarni and Patel, and exclusiveof Zakat.

Mauza Pachkai . .
Mauza Parvase . .
Mauza Kumbhariya
Mauza Asame . .
Mauza Sudhalwada
Mauza Suklav . .
Mauza Kanchbahal
Mauza Nimkhal . . .......
Mauza Borlai ... ........
Mauza Wagsip . . .......
Mauza Wagsip . . .......

Total

[Then follow details of items of land revenue, house tax, fowl tax,
cari tax, vegetable tax, profession tax, tax on Palm trees and stills,
etcetera. which go to make the total of RsI~oI~,]
Agreement has been made toassign to the Firangee nine villages of
the revenue of Rs. 12015. On account of this nine villages from the
current year exclusive of Zakat ancl the rights of the Hakdars ofthe
total amount of Rs. 12015 have been assigned to the Firangee. Sanads
and letters in respect of this:-
I Sanad to Visaji Keshav of Prant Bassein that the above villages

may be given to the Firangeein Dumala and the total receipts
of the revenue rnay be shown on the debit side.
I Sanad to the Mukadams of the nine villages that they should
make themselves amenable to theFirangee andpay the revenue
regularly.
I Letter to the Zamindars.
3 Three sanads to be issued accordingly.
Letters to the same effect about the two villages Kumbhariya and
Suklav granted to the Firangee envoy Narayan Vithal Dhume.
29th Jarnadilaval Samanin, Jeshta month [3 June 17801. Sanads
to be issued.
[Postscript]
Four sanads for the
said villages were
granted in the closing
month of the year
Samanin [1780] AXNEXES TO PRELI3lIYARY OBJECTION (C NOS .2-13)
250
Annex C. No. 12

(Peshwa Daftar. Ghadni. Rurnal 496.)

Memorandum in respect of the Firangee Suhur Salas Samanin Maya Wa
.4laf[1783).

At the time of the conclusion of the treaty with the Firangee it was
agreed to assign to him by the Sarkar villages as Saranjarn and villages
were assigned from Taluka Bassein, but could not be made Dumala.
It has therefore been separately agreed to pay in cash from the Sarkar's
treasury the amount for three yearsfrom the conclusion of the treaty to
Isane Samanin [17S2]. From the current year it is not convenient to
assign villages of the KainRerij[total revenue yield] of twelve thousand
near Daman. Therefore villages inPrant Konkan under the unimpeded
authority of the Sarkar will be assigned elsewhere after making one fifth
deductions in the total receipts of the villages. Formerly villages of the
Kama1 Benj of twelve thousand rupees were assigned. hlaking one fifth
deductions the Berij will be nine thousand six hundred.
Sanad should be issued to Anand Rao Bhikaji that hc should assign
to the Firangee villages in Taluka Bassein of the Kamal Akar of twelve
thousand rupees under the administration of Visaji Keshav and which
are in the jurisdictiof the Sarkar andare free from disturbances' of the
English. A detailed memorandum of villages assigned should be sent to
the Huzur. .
. It should be clearly written in the Sanad that these villages are
assigned in lieu of villages .adjoining Daman formerly assigned but
which could not then be made Dumala. 26 Safar Suhur Salas Samanin
Paush month [30 January 17831 .anad be issued.

Annex C. No. 13

(Peshwa Daftar. Ghadni. Rumal 496.)

It was decided to assign villageto the VakiI in Saranjam at the time
of the conclusion of the treaty and villages were assigned in Taluka
Bassein, but could not then be made Dumala. Therefore it has been
separately agreed topay in cash the amount for the three years fro1780
to 1782. For the current year, it is not convenient ta assign villages
worth twelve thousand rupees near Daman. Therefore villages under the
unrestricted authority of the Sarkar will be assigncd elsewheremaking
one fifth deductions. Formerly, villages worth Rs. 3000 were assigned.
With deductions the Berij will be Rs. 2400.
Sanad be to Anand Rao Bhikaji. He should select for Narayan Vithal
Dhume villages in Taluka Bassein of the total revenue of Rs. 3000.
in the administration of Visaji Keshav and which are under the exclusive
authority of the Sarkar and free from disturbance of the English. A ANNEXES TO PRET.IhIIN.4RY OBJECTION (CXOS.14-15) 251
detailed memorandum concerning the villages assigned should be sent
to the Huzur. The Sanad to make it clear that these villages are being

assigned in lieu of viIlages formerl\* assigned and which coulbenot
made Dumala.
26 SafarSuhur Salas Samanin, month ofPaush.Sanad be issued.

Anriex C. No. 14

OFFICE COPY OF LBTTER FROM THE PESHWA TO ANAND RAOBHIKAJI
AND TRIMBXK BHIKAJIS ,UBEDAR SF BASSEIN ,NCLOSING SANAD OF
21 MARCH 1783, 21 MARCH 1783

(Peshwa Daftar. Selected Rumal 22.)

Anand Rao Bhikaji and
Trimbak Bhikaji.

Madhav Rao Narayan Pant Pradhan offers compliments. Suhur
SalasSamanin Maya Wa Alaf [1781].
A treaty was concluded betweenthe Firangee and the Sarkar in the
year Samanin [177g].On that.occasionagreement was made to açsign
from the Sarkar's territovillages adjacent to Daman of Kama1 Akar
[total revenueield] of twelve thousaiid rupees and in San Ihide Samanin
[1870]villageof the above revenue were assigned from Visaji Keshav's
jurisdiction in Taluka Bassein but could not be given as Dumala to the
Firangee Now therefore frorn villaofsTaluka Basseinin which the
Sarkar's authoritis unimpedcd villages on the basof Kanial Akar
during the administration of Visaji Kesand ïvhichare free from the
disturbances of the Engliçh and whiyieldKama1 Berij [total revenue]
of twelve thousand, be assigned and a detailed memorandum of the
assigned villages be sent to the Ht~zur. Be it know17 Rabilakhar
[zrst March]. Orders be executed.

Annex C. No. 15

ENTRY OF SANAD TO ANAND RAO BHIKAJI AND TRIMBUK I~HIKAJI,
SUBEDAR OF BASSEIN ,N FAVOUR OF THE PORTUGUESE,
SI XARCH 1783

(Peshwa Daftar. Ghadni. Rumal 395.)
Rajmandal.

Swari Rajeshri I'ant Pradhan.
Suhur Sa1a.s[r783].

Saranjam to the Iiirangee of Goa.
Order dated 17thRabilakhar [21 March 17831

A treaty was concluded.between t:he Firangand the Sarkar inthe
year Samanin [r779]At that time it was agreed that villages belonging -*NP*EXES TU PRELIMISARY OBJECTIOK (C NO. 16)
252
to the Sarkar adjoining Daman, of the Kama2 Akar of Rs. ra,ooo/-
should be assigned by the Sarkar and accordingly in the year Ihide
Samanin [1780 villages of the saiBeri jf Taluka Bassein under the
administration of VisajiKcshav were assigned. The villages, however,
were not then given as Dumalu to the Firangee. Therefore now out of
villages in Taluka Bassein within the jurisdictiofthe Sarkar, villages
yielding theKamal Akur [of Ks. 12,ooo/-] during the administratioof
Visaji Keshav and which are free from the disturbances of the English,
should be assigned to the Firangee. A detailed memorandurn of the
villages assigned to the Firangee should be sent to the Huzur. Sanad
issued to Anand Rao Bhikaji and Trimbak Bhikaji, Mamlatdars of
Bassein, tothis purpose. Dated r7 Rabilakhar [zr March 17831.

Annex C. No.16

(Peshwa Daftar. North Konkan. RurnaI r663.)
RajmandaI.

Swari Rajeshn Pant Pradhan.
Suhur Arba [1784].

Prant Bassein.

First entry of Expenditure on account of DumaIa villages of Pargana
Nagar Haveli tobe granted from the Huzur.
A treaty was concluded between the Sarkar and the Firangee of Goa
in San Samanin. At that time an agreement was made to assign to the
Firangee by the Sarkar villages of the Kamal Akar [total revenue yield]
of twelve thousand rupees from Prant Bassein adjoining Daman and:
villageswere assigned fromVisajiKeshav's jurisdiction in the year Ihide
Samanin [178oJ,but they were not then given as Dumala. Therefore a
Sanad was issued last year to the former mamlatdars, Anand Rao
Bhikaji and Trimbak Bhikaji, to the effect that villages yielding the
said Kamal Berij [total revenue]of twelve thousand rupees be assigned
and a detailed memorandum of these villages be sent to the Huzur.
Accordingly they sent ageneral Kalambandi memorandurn to the effect
that after retaining for the Sarkar six villages and the entire Zakat
revenue they had assigned the rest of the villages representing revenue
receipts of twelve thousand rupees from Pargana Nagar Haveli. The
receipts of the Mahal havebeen show at fifteenthousand five hundred
twenty eight rupees and fourteen annas: out of this the receipts of
[ left blank ] of six villages andof the Zakat retained for the
Sarkar are therefore deducted. Annex C. Na, 17

MEMORANDU COMMPOUNDING ARREARS OF CASH COMPENSAT IUEKTO
THE PORTUGUESE. I MARCH 1784

(Peshwa Daftar. North Konkan. Kumal 1860.)

Sh1.i..

Mernorandum in respect of the Firangee of Goa Suhur Arba Çamanin
Maya Wa Alaf [17.84].
It was agreed in San Samanin [1779]to assign from the territories of
the Sarkar to the Firangee and his Vakil, Narayan Vithal,villages in
Taluka Bassein of the Kama1 Akar [total revenue yield] of fifteen
thousand rupees and Sanads were issued accordingly. The villages could
not then be given as Dumala to the party. Next year inSan Thide the
Taluka passed into the possession of'the English. Consequently in San
Salas Samanin [1783] there remained to bepaidarrears for three years.
Out of these arrearRs. 15000were paid by the Huzur and it was agreed

to pay the balance after the recovery of Taluka Bassein from the English
and Sanads were issued to assign villages from some of the Mahals of
TaIuka Bassein which Iiad been recovered. Thcse villages came into
possession in Arba Samanin [1783-17841 Thus the villages markedout
for the Firangee and the Vakil actually came into possession in the
current year and the arrears till then have remained unpaid. There is
sincere friendship between theSarklir and the Firangee. The Firangee
and the Vakil couId notbe put in possession of villages in consequence
of the occupation of Taluka Basseiri by the English. The Sarlrar also
suffered much financial loss. Therefore the arrears to be paid by the
Sarkar in respecof thevillages from San Samanin to San Salas Samanin
[1780 to 17831have remained unpaid; deducting rupees fifteen thousand
out of these the balance çhould nbe clairned bthe Firangee from the
Sarkar. Decision to this effect has been made after negotiating with
Narayan Vithal Vakil. Agreement to be made accordingly.
Dated 8 Rabilakhar, San Arba Sarnanin [1 hlarch 17841in the
presence ofBahiro Kaghunath Meheiidale. -4NNEXES TO PRELIhIINARY OBJECTION (C NO. 18)
254
Annex C.No. 18

ENTRY OF 5.4~4~ ISSUED TO JIVAJI GOPALS , UBEDAR OF BASSEIN,
IN FAVOUR OF THE PORTUGUESE . JANUARY 1785

(Peshwa Daftar. Rozkird. Rumal 127.)
Rajmandal.

Rozkird.
Swari Rajeshri Pant Pradhan.

Suhur Khamas Safar. -
Dated 24, Pauçh Vadya Dashmi Çhake 1706 Krodi Nam Samvatsar.
[6Jarruary 1785.1 Camp Poona.

A treaty was concluded between the Firangee of Goa and the Sarkar
in San Samanin. At the time it was agreed to assign to the Firangee
villages belonging to the Sarkarof the Kamal Berij [total revenue] of
Rs. 12000 adjoining Daman. But villages were not given as Durnala.
Consequently in San Salas Samanin Sanad was issued to Anand Rao
Bhikaji and Trimbak Bhikaji, Mamlatdars, Taluka Bassein, to assign
villages of the Kama1 Berij of the said twelve thousand and to send to the

Huzur a detailed memorandum of the villages assigned. Accordingly in
San Arba Samanin [1783]out of the Mahal of Pargana Nagar-Haveli in
Prant Ranmagar in the said Taluka, retaining for the Sarkar six villages
and the entire Zakat, they specified the remaining villages, inhabiasd
well as uninhabited,of twclve thousand rupees, and submitted to the
Huzur a rnemorandum thereof. Accordingly deducting the revenue ofsix
villages and of the Zakat of the Parganû retained for the Sarkar, the
remaining villages, inhabited and uninhabited, making the Berij of
twelve thousand rupees which is being included in the Ajmas [estimates]
have been assigned. However, Narayan Vithal, Vakil of the Firangeeof
Goa made a representation that as the Akar of exernpted items and of
uninhabited villages has been included in the figure of twelve thousand
the Akar would not be in accordance with this, and there would be
much loss; therefore, the Akar of twelve thousand rupees in Kamal
Wasul [total collection] may be assigned. Consequently in the current
year of San Khamas Samanin agreement is made to the effect that as
villages yielding revenue of twelve thousand rupees are to be assigned,
the Mahal of the said Pargana inclusive of the entire Sarkar Amal and
also the Zakat should be assigned. Accordingly the remaining villages
and Zakat excluding the villagesforrnerly assigned are hereby assigned.

Hence the entire Mahal of the said Pargana inclusive also of Zakat
yielding a revenue of twelve thousand rupeesbegiven as Dumala to the
Firangee from the current year and his receipt be obtained. In San
Arba forty-seven villages of the said Pargana were assigned to the
Firangee. Revenue of villages exclusive ofhese and of Zakat of the iast
year collected for the Sarkaristo be returned to him. Therefore after
ascertaining the amount collected, it should be returned and receipt
obtained therefor. Agreement has been made that the Firangee'should
not construct in the said Pargana any new Imarat. Ifhe attempts ts
construct any new Imarat he should be prevented. To this effect Sanad
is issued in the name of Jivaji Gopal of Taluka Bassein. ANNEXES TO PRELIMINARY OBJECTIOX (C SO. 19) 255
1 , !
Annex C. No. 19

(Peshwa Daftar. North Konkan. Nagar Haveli. Rumal 1815.)

Shri Gcinaraj.

Expenses in respect of Foreign Darbar.
Assignment to the Firangee of Goa, of Pargana Nagar-Haveli, Prant
Bassein, with Zakat, for the year Tisa Samanin Maya Wa Alaf [r788].
SaidPargana ................ Rs. 10,470-oo
Zakat ................... Rs. 1,530-0-0
. Ain Makta ......... Rs. I,5001-
,,,. Duhotra .......... Rs. 301-
i.
Ks. r,53oj-

1.'i Rs. 12,000-0-0
!'I . -.
Total of twelve thousand rupees rnay be accounted for as expenditure
on Foreign Darbar on account of Firangee of Goa.

Dated 8 Ramjam San Tisa Samailin month ofJeshta [13June 17881.
Sanctioned.

7 Jarnadilaval Pausha Ihide [ri! January 17911.

(Peshwa Daftar. North Konkan. Bassein. Iiumal 1692.)

Shri.
',
\ Memorandum of Taluka Bassein.
Suhur Isane Tisain Maya Wa AIaf[1791/17g2].

'Receipts estimate of San Tisain.

Assignment of expenses Berij (Total)

Foreign Darbar Firangee ............... 15,000
Abai Rani of Jawar ................. 2,200
Himmat Singh and Bhav Singh ............ 1,440
Resurned lands ................... 7,500 From which deduct Rs. 3,0001- on account of Villages in Sholapur
Pargana given to the Firangee Vakil.

Cash Rs. Grains.
441624-13-0 Khandi Md. Paili Seers
10654 I r

(Peshwa Daftar. North Konkan. Nagar Haveli. Rumal 1739.)

Shri

Memorandum in respect of audit of accounts, Mahal-wise, of Taluka
Bassein.
Incharge of Khande Rao Nilkanth.
Suhur Khamas Mayatain [1804/1805].

Receipts Articles.
Mahal-wise audit of revenue of Taluka Bassein in charge of Khande
Rao Nillranth, Suhur Khamas Mayatain, expenses on forts of the said
Suba.
Expenses on Foreign Darbar: The Mahal of Pargana Nagar Haveli
has been shown as expended in the name of the Firangee of Goa. Under
that al1items of revenue such as Ain Dast, Kherij Dast, House-tax, etc.,
be shown as usual and accounts maintained.
Approved.

(Peshwa Daftar. North Konkan. Rurnal 1815.)
Shri Shankar Prasanna.

Memorandum :
Pargana Nagar Haveli was given to the Firangee as
Dumala inclusive of Zakat. The Akar of the sanie for
the year Seet Mayatain Wa Alaf [1805] . . . . . Rs. ~z,ooo/-
Dcductions on account of Zakat . . . . . . . . . lis. 1,0201-
Balance consisting of the revenue of the said Pargana Rs. 1o,g80/-
The arnount of ten thousand nine hundred and eighty rupees be

shown against Pargana Nagar Haveli as given in Dumala to the Firangee
of Goa. Accounts may bc maintained accordingly. Should be done.
Dated 2 Sawal San Seet Mayatain, month of Paush [24 December
18051. ANNEXES TO PRELlEilINARY OBJECTION (C NO. 19)
257
(Peshwa Daftar. North Konkan. Rumal 1815.)

Shri Ram Prâsanna.
Memorandum :
Foreign Darbar Expenses on account of Firangee ofGoa in theyear

Tisa Mayatain Wa Alaf [1809 M]ahal of Pargana Nagar Haveli is given
as Dumala iii entirety.
Estimated Akar of the said Pargana ......... Rs. 1o,g80/-
Zakat ......................... 1,02o/-

,, 12,000/-

In al1 twelve thousand rupees as allowance to the Firangee of Goa.
The revenue of the Pargana including Zakat be shown as given in
Dumala. Accounts may be maintained accordingly. Should be done.
The proposa1 sanctioned on 3 Safar Tisa Mayatain, month of Chaitra
[zo March 18ogj.

(Peshwa Ilaftar. North Konkan. Nagar Haveli. Rumal 1815.)

Shri Ram Prasanna.
Memorandum : '
Expenses on Foreign Darbar in respect of the Firangee of Goa.

Pargana Nagar Haveli, Prant Biissein,1sassigned as allo~vance for
the year Ihide Ashar Mayatain Wa Alaf [I~II]for the arnount detailed
below :-
Total of Ain Dast and Kherij Dast of the said Pargana Rs. 1o,g8+0-0
.....................
Lakat. -s. 1,020-0-0
Total .... Rs. ~z,ooo-cm

The amount of twelve thousand rupees may be accounted for according
to assimrnent.
~his-should be done.
Dated 13 Jamadilawal San Ihide Ashar, month of Jeshta [5 June
18111.
Sanctioned on 24 Rajab Isane [rq August 18111. ANNEXES TO PRELIMINARY OBJECTION (C NO. 19)
258
(Peshwa Daftar. North Konkan. Rumal 1815.)

Shri Ram Prasanna.
(1'
Memorandum in respect of expenses on Foreign Darbar.
Mahal of Paigana Nagar ~aveli has been given to the Eirangeki as
Dumala in"entirety, together with Zakat. Akar of the sarne accordink
to assignment asper details below ......... Rupees.
Total of Ain Dast, Kherij Dast, etc., of the çaid ParganiRç: 10,~80/4

Zakat of the said Pargana ............. Rs. I,OZO/~
Ain. .................. r,000
Duhotra ................ 20

-,020 , i
P
Rs. ~z,ooo/+

Total tweIve thousand rupees on Foreign Darbar expenses. The
amount may be shown against the Firangee of Goa. This should be done.
Sanctioned on 24 Jarnadilaval San Arha Ashar month of Vaishakh

[rg May 18141.

(Peshwa Daftar. North Konkan. Rumal 1815). 1!:

Shri Rarn Prasanna.
Memorandum :
Expenses on Foreign Darbar.
Mahal of Pargana Nagar Haveli uras given to Firangee of Goa as

Saranjam in entirety.
Akar inclusive of Zakat of the (Pargana) in cash ... ~u~ees .
Pargana Nagai--Haveli ............... Rs. 10,9801-

Ain Dast .............. 10,7501-
Kherij Dast ............. 2301-
1o,g80/-

Zakat of the said Pargana ................. lis. 1,02o/-
-
Total ..... Rs. 12,oooj-
-
Total of twelve thousand rupees expenses on Foreigii Darbar:
The Akar of Pargana Nagar Haveli inclusive also of Zakat be shown in
the accounts as Saranjam to the Firangee ofGoa. This shoulcl be done.

Dated 26 Jarnadilakhar Akher-Khamas Ashar Mayatain month of
Vaishakh [5 June 18152
Sanctioned on II Saban San Seet [~gJuly 18151. In al1 twelve thousand rupees may be shown against Foreign Darbar
expenditure. Should be done.

Sanctioned on 23 Jamadilakhar San Saba Ashar Mayatain, month of
Vaishakh [II May 18r7].

Annex C. No. 20

(Peshwa Daftar. Ghadni. Rumal 367.)

Rajmandal.
Swari Rajeshri Pant Pradhan.

Suhur San Khamas [1785].
Expenses on account of Foreign Darbar: the Firangee of Goa.

In respect of Zadti of forts of Taluka Bassein during the adminis-
tration of Jivaji Gopal.

Expelzditure on accozcntofassignment.
Rs. 12,oooj- . . Pargana Nagar Haveli in entirety together with
Zakat has been assigned to the Firangee. Akar of
the same according to assignment.

Rs. 3,0001- , . Two villagesfrom Pargana Khaladi-Pawadi assigned
to the Firangee Vakil, Narayan Vithal Dhume.
Akar of the same according to assignment.
1,746-12v -iIlageSuklav.
1,253- 4-0 village Kumbhariye.

Rs. 15,ooo/-

(Peshwa Daftar. North Konkan. Rumal 1668.)

Rajmandal.
Swari Kajashri Pant Pradhan, Prant Bassein.

Suhur Khamas [1784/178 5eceipts for the current year.
Villages of Pargana Nagar-Haveli assiped to the Firangee of Goa.

I Rlauza Dadra
I ,, Awali
r ,, Sayeli
,r I ,, RanadheKhurd
I ,, Morkhal ANNEXES TO PREL~MINARY OBJECTION (C NO. 20) 261

I Mauza Seli
I ,, Naroli
I ,, Bade Set
I ,, Ubarkoi
I ,, Galode
I ,, Hatole
I ,, Kudase
I ,, Rakholi

I ,, Karade
I ,, Vasone
I ,, Padwade
I ,, Pawi
I ,, Chawade
I ,, Khanwali
I ,, Khugu
I ,, Takawali
1
1 ,,
I ,, Chinchdhe
I ,, Dudhani
x ,, Kawache
I ,, Jambulpada
I ,, Barde
I ,, Karizhode
I ,, Samroni
I ,, Chinchpada
I ,, Chikhli

r ,, Velgaon
I ,, Abeti
I. ti
I ,, Felani
I ,, Kilnrani
i ,, Ranadhe Budruk
1 ,, Hatde
I ,, Wagsipe
I ,, Shalwale

I ,, Masate
r ,, Khandoli
I ,, Tilwade
I ,, Abawali
I ,, Surangi
I ,, Kanher
I ,, Karajgaon
I ,, Shelnti
I ,, Medhe
I ,, Wagchawade

I ,, Rudane
1 ,, Ghotlbali
I ,, Kharaddan
I ,, Khadpe
, r ,, Bahojape
r ,, Abehari

Illegible in theoriginalMaratha document in-the moda script.262 AXXEXES TO PRELIYIINARS OBJECTIOS (C NO: 201

I ,, Kaware
I ,, Shelawani
I ,, Parjai
I ,, Rakholi
I ,, Umroni
1 ,, Wasade

Receipts for the current year.

Total receipts for Pargana Nagar-Haveli ..... Rs. 10,3701-

Regular Land Revenuereceipts from land let out by
Government direct and given as Dumala to the
Firangee .................. Rs. S,ggo/-
For last year ................. Rs. 9,587/
From this deduct ............... Ks. 5971-

Villages of twelve thousand rupeeç in the Pargana exclusive of six
villages and the Zakat were assigned to the Firangee last year in San
Arba. Tlie receipts were not according to expectation. Therefore the
[remaining] six villages and entire Zakat mere açsigncd as part of the
twelve thgusand. In the present year Sadashiv Gajare Shet has taken
the farm of the entire Zakat of the TaIuka at an enhanct:d rate of
Rs. 15,5001-. The management u7as taken over by the contractor from
the present year. The said Shet on his own farmed out the Zakat contract
of Pargana Nagar-Haveli for Rs. 1,5001- for a period of five years to
Bapuji Waman Nene. While matters stood.tlius, six villages and Zakat
were assigned to the Firangee in the current ycar. When the transaction
was executed last year, the Taluka had just corne within the jurisdiction
of the Sarkar. Though the year was one of turmoil Raji Gangadhar took
up the farm of the Zakat for Rs. ~,oor/- and thus tlie amount of Rs.
IZ,OOO/-was made up, and yet the nianagement came in the possession
of the Sarkar only at the end of the year. Therefore the contractor
agreed to give more for tlic contract than last year. The increased
additional amount which the farmer contracted for went
to make up .................... Rs. IZ,OOO/-
....................
Deduct Rs. 499/-
Out of Rs. roo/- beiiig Antast on Zakat deduct from
the Jarnabandi of the Mahal .......... Rs. 98j-

--s. 5971-
.............
Balance of the last year Rs. 8,9901-

1lllegitiin ttie original Maratha document in i~zodscript ..ZKNEXES TO PRELIMINAKY OBJECTION (C NO. 20) 263

iletails
Mohtarfa frorn Severimerchants. Total ........ Rs.
Arrears for last year ................ Rs. 251 81-
TotaI receipts of last year on account of Durnala villages Rs. 1241-81-
Rs. 1501- :

Jaraiba from sixteen perçons as in the last year .... Rs. - '
Total arrears for last year............. Rs. 361 811
Total receipts shown last year when the villages were
given as DumaIa ................. Ks. 1881 81-
Rs. 2251-

Jirayat ..................... Rs. 4,4921-
(This amount is shown as having l~eenlevied on 411
ploughs. The Kunbis who o~vned 91 ploughs contri- .
buted Rs. 2,292/- at the rate of Rs. I~J- per i
plough. The Warlis who owned 220 ploughs contri-
buted Rs. 2,2001- at the rate of Ks. IO/- per
plough) ................... Rs. 4,4921-
The peasant proprietors 200 at the rate of 24 per Iiead Rs. j001-
Hundekaris
The item of Kharaba was included at the time of giving
the Mahal as Dumala and therefore the amount of
the Kharaba is added as due from the Hundekaris Ks. 1,0081- ,

Total .... Rs. 6,0001-
drrears of last year................ Rs. 860/ro/-
Revenue of 63 villages given asDurnala to the Firangee
of Goa ................... Rs. 5,1391 61-
Rs. 6,0001 -1-
Net receipts of the last year on account of Dumala
villages ................... Rs. 8,6641 61-

Deduct other taxes:-
Tax on traders. .......... 124181-
Tax on trees ............ 188/8/-
Tax on irrigated land ........ 5,139/6/- 1
Jncrease in generaI ......... 2,6151-1-
8,067121-
Balance. .................... Es. 5971-
The Firangee \vas assigned villages of Rç. rz,ooo/-
revenue from the said Pargana exclusive of six
villages and the Zakat but the revenue was not
according to expectation. Therefore six villages
and the Zakat have been included in the gant
from thisyear. There is increase in Zakat receipts
in this year. Therefoie deduct from mahal ... Rs. 4991 -1-
A~itast ..................... Ks. 981 -1-

Ks- 5971-
Balance ..................... Nil
General increase ................. Rs. -
Approved and passed last year ........... Rs. 01-
,On account of Dumala villages. .......... Rs. 2,6151 -1-

Rs. 2,6151 -/-264 ANNEXES TO PRELIMINARY OBJECTION (C NO. 20)

Abstract ofthetotal taxes.
Last year's
receipts Less Balance

Tax on traders . 1501- O 1501-
Jarâiba ..... 2251- O 2251-
Jirayat ..... 6,oooj- 6,oooj-
Dumala Villages . 5971- 5971- 01-
General increase . 2,6151- O 2,6151-
9,5871- 5971-
--
Extra assessment . ........ Rs.
Kamavis .... ....... Rs.
Karasai ..... ........ Rs.
Antast ..... ........ Ks.
Duhotra .... ........ Rs.
Rs. 1,3801-

Abstract of receipts of the year:-
Total assessment of Revenue .......... Rs. 8,9901-
Extra assessrnent ............... Rs. 1,3801-
Total receipts ................... Rç. 10,3701-
Collections belonging to the Firangee of Goa. ..:.. Rs. 10,37o/-
--
Balance. ..................... --s. Nil

(Peshwa Daftar. Ghadni. Rumal 367).
Rajmandal.

Swari Rajashri Pant Pradhan.
Suhur Saba [1786/1787].

Expenses on account of Foreign Darbar: the Firangee of Goa.
In respect of Zadti of Forts.
Mahal of Pargana Nagar Haveli of Taluka Bassein during the ad-
ministration of Ganapatrao Jivaji has been given to the Firangee in
entirety as Dumala and two villages from Pargana Khaladi-Pawadi to
the Firangee Vakil. Berij of the Ramal Akar of the same is as under:-
Rs. ~a,ooo/- .... Pargana Nagar Haveli together with Zakat
has been assigned to the Firangee. Akar
of the same according to assignment.

Rs. 3,0001- .... Two villages from Pargana Khaladi-Pawadi
VithaleDhume. Akar of the samel Narayan

1,253-in3-6ovillage Kumbhariye.
1,746124 village SukIav.
--
A-,0001-
--
Rs. I~,OOO/- ANNEXES TO PRELIMINAKY OBJECTIOK (C NO. 20) 265

(Peshwa Daftar. North Konkan. Kumal 1691.)

Title page of the Audit of 1791-1792.
Accounts of Revenue of Mahals of Prant Bassein, Suliur Tsarie Tisain
[r79r/17921.

Rajma.nda1.
Zadti.
Swari Rajashri Pant Pradhan.
Revenue Receipts according to Mnlials of Prant Bassein for tlie year

Isane Tisain.
Villages of Parga~ia Nagar-Haveli assigned to the Firangee:-
I Mauza Dadra I Mairza Phaleni
1 ,, Avli I ,, Kilwani
I ,, SapIi I ,, Ranadhe Brudruk

I ,, Ranadhekhurd I ,, Hatale
I ,, Morkhel I ,, Wagsip
I ,, Seli I ,, Selwase
I ,, Naroli I ,, Masat
I ,, Badset I ,, Khadawli
I ,, Umbarkoi I ,, Tilwade
I ,, Galade I ,, Aboli
1 ,, Hatole I ,, Surangi
1 ,, Kuduse I ,, Kolewar
I ,, Karojgaon
1 ,, Rakholi
I ,, Kerad I ,, Salati
r ,, Sason I ,, Medhe
I ,, Padwatl I ,, Waghchawde
I ,, Pawi I ,, Rudane
I ,, Chawade 1 ,, Ghodbari
I ,, Khaniwali I, ,, Nebabari
I ,, Jutwali I ,, Khudak
I ,, Takawli I ,, Ambabari
1 1
1 ,, 1 ,,
I ,, Chichadhe r ,, Kaldctr
r ., Dudhani I ,, Shalavani
I ,, Kawacho I ,, Parjai
I ,, Jambulpada I ,, Rakhali
I ,, Berde I ,, Umaroni
I ,, Karchode I ,, Wasade
I ,, Chinchpada
T ,, Sambroni
I ,, Chinchpada

I ,, Chikhli
I ,, Welgoan
I ,, Abeti
1 ,,
1 ,,
- -
-6 -3

In al169 villages.

1 Illegiblein the original Araratha docriment in the moda script.266 ANNEXES TO PRELIMINARY OBJECTIOX (C NO. 20)

Total receipts according to last year's
Makta ................... Rs. 10,980-O--O
Ain Dast as inthe lastyear .......... Rs. 7,950-O+
While assigning Saranjarn to the
Firangee Kharaba revenue was
taken into account for .... Rs. 2,800-0-0
(Deduct) from this Kherij of
Dast ........... .Rs. 720-8-0
Rs. 2,079-8-
Rs. 2,079-8-0
Rs. 10,029-8-0

The assessrnent on cultivated land isexplained as under:-
From 44Iploughs deducting 37
for Patels and the Naiks and
other village oficer..... Rs. ~+,492-0-0
zooThalkaris at therate ofRs. 23
per head .......... Rs. OC-0-0
Hundekaris ......... Rs. 1,008-o-o

Rs. 6,000-0-0

Mohtarfa from seven merchants Rs. 150-0-0
Jaraiba from 16 perçons aecor.
ding to last year ...... Rs. 225-0-0

Jirayat ........... Rs. 6.00~-0-0
General increase by including
revenue on Kharaba, etc. .. Rs. 3,654-8-0
Total ........ Rs. 10,029-8-8

Kherij Dast as in the last year-
Kama\-is ......... Rs. 375-0-0
Kardsai 1 ......... Rs. 375-
Duhotra ) ......... Rç. zoo-8-0

Rs. 950-8-0

Abstract of rerepts of this year.
AinDast .................. Rs. r0.029-8-0
Kherij Dast ................. Rs. 950-8-0
Rs. 1o.gS0-0~ AKNEXES TO PRE1,IMINARY OBJECTION (C NO. 20) 267

(Peshwa Daftar. North Konkan., Rnmal 1706.)

Rajmandal.
Zadti.

Swari Rajeshri Pant Pradhan.

Revenue receipts according to Mahals of Prant Bassein for the year
ArbaTisain [r793/179.1]..
Villages 69 of Pargana Nagar Haveli in the charge of Firangee of Goa.

Total receipts according to last year's hlaltt......... Rs. io,g80+o

Ain Dast asin the last year ................ Rs. -
Receipts of Iast ysar .................... Rs. 7,950-0-0
While assigning Saranjam to the Firangee
.4kar of Kharaba was taken into account for Ks. 9.800-0-0 (
From thisdeduct Kherij Daçt ...... Rs. 720-9-0 / RS. 2'079-8-0

Details- .
Mohtarfa from 7 merchants ....... Hs. jo-0-0
Jaraiba froni 10 Iiersons according to last
year ................. Rs. 22540

Jirayat (tas on irrigatcd land) ...... Rs. G,oo&o-o
Item of general increase included while
granting the said Pargana to the Firangee
togheter with Zakat, Kherij Dast, etc., in
Snranjarn for Rs. ~z,ooo/- ....... Rs. 3,654-8-0

Rs. 1o,oz9-8-o

Separate items of Ain Dast ............... Rs. 6,375-0-0
Mohtarfa .............. Rs. 15o-oo
Jaraiba ............... Rs. 225-

Jirayat. .............. Rs. 6,00~

Kherij Dast .............. ........ Rs. 95~4-O
Zakat of the saidPargana ........ ........ Rs. 1.020-0-0
Ain Waçt .............. Ks. 1,ooo-o-O

Duhotra ............... Rs. 2-0
Rs. I,02o-&a

Total ................ ........ Rs. 3,345-8-0
Rs. 10,ozglwJ
On account of Kherij Dast as in the I'ut year ........ Rs. g5c-8-0

Kamavis .............. Rs. 375-
Karsai ............... Rs. 375-0-0
Duhotra on Ain Dast of Rs. 10.o2g-8-o at
the rate ofRs. si-per cent. ..... Rs. 20~8-O

Rs. g5c-8-0
I ANNEXES TO PRELIMIKARY OBJECTION (C NO. 20)
268

(Peshwa Daftar. North Konkan. Rumal 1716,)

Rajmandal.
Zadti.
Swari Rajeshri Pant Pradhan.

Revenue receipts according to Mahals of Prant Bassein for the year

Suhur Saba [1796/1797].
Village of Pargana Nagar Haveli in charge of Firangee of Goa

Total receipts according to last yesr'hlakta ......... Rs. 1o.g80-(~
Previous receipts ............. Rs. 7,950-0-0
White assigning Saranjam to the Firangee
Kharaha Akar, etc., was taken into account
for-
Rs. 2,800/- from which )
Deduct Rs. 720j8/- Kherîj of Dast
f Eh. 2.079-84

Total Rupees ............ 10,029-84
Mohtarfa from 7 merchants Rs. 15~0-O
Jaraiba from 16 perçons . . Rs. 225-04
From Ryots (Jirayat) . . Rs. 6,000-04

Item of generai increasein-
cluded while grantin~ the
said pargana to the Fi-
rangee together with Za-
kat, ~herTj Uast, stc., in
Saranjam for Rs. rz,ooo/-

Items of Ain Bast .... Rs. 6,375-
Mohtarfa Rs. 150-o-o
Jaraiba Rs. 225-
Jirayat Rs. G,ooo-oo

6,37544
Kherij Dast ...... lis. 950-8-0
Zakat of the saidPargana Rs. ~,uz-o
Ain Dast r.ooc+o-O
Duhotra 20-0-0
--
1,02c+c-O
8,345-84

Total ............... Hs. 1o,o2g-8-0

Karnavis .... 375-0-0
Kardsai. .... 375-0-0
Duhotra .... 200-8-0 ANNEXES TO PRELIMINARY OBJECTION (C NO. 20) 269
Tenjof receipts..................... Rs.
Ain Dast ....................... Rs.ro,oz+S+
KhenjDast ...................... Rs. ,950-8-0

Rs.10.98-
Receipts of tyear ................... Rs.ro,g8-
Collection Revenue ................... Rs. 10.98-

Balance at the end of the year............ Rs. Nil

(Peshwa Daftar. Konkan. Bassein. Rumal 185.5.)
Treasury Receiptç Swan Rajeshri Pant Pradhan during the adminis-
tration of Sadashiv Raghunath, Prant Bassein, Suhur Saman Tisain
Maya Wa Alaf,23 Jilhej 119June 17971.

Rajmandal.
Rozkird.

Swari Rajeshri Pant Pradhan during the administration of Rajashri
Wamanaji Hari Prant Bassein month of Jilhej. Adjustment of payment
on account of Foreign Darbar (through Suba).Mahd of Pargana Nagar-
Haveli had been gîven as Dumala in entirety inclusive of Zakat to the
Firangee. The Akar of the same-Rs. rz,ooo.

Pargana Nagar Haveli and Zakat of tliesaid Pargana-Rs.
Receipts ofthe said Pargana ........... Rs. 10,980-oo
Ain Dast ............ 10,75*+0
KherijDsst ........... 230-0-0
--
10,980-0-0
Zakat of the said Pargana ............. Rs. I,O~UU-O
Ain Dast ............ I,000-0-0
Duhotra ............ 20-0-0

Total ....... Rs. 12,ooo-o-o

(Peshwa Daftar. Konkart. Rumal 1717.)

Zadti
Suhur Saman Tisain
[1797/1798I.
RajmarrdaI.

Swari Rajeshri Pant Pradhan Prant Bassein. Receipts for the current
par [1797/9 ofPargana Nagar-Haveli.
Pargana Nagar Haveli in charge OS the Firangee of Goa. Here follow
the names of villages of Pargana Nagar Haveli.270 ANSEXES TO PRELIhIIKARY OBJECTION (C NO. 20)
Total receipts according to contract as in the last
year ................... Rs. 10,980-o-o
Ain Dast accordiiig to last year ........ Kupees.
Receipts of the last year ........... Rs. 7,950-0-0

The Akar of Kharaba was included
thenFirangeeam w........ed to Rs. 2,800-0-0
Out of thisdeduct on account of 2,079-8-0
Kherij of Dast ....... Rs. 720-8-0
Total ................... ro,ozg-8-o

Details :-

Mohtarfa on account of 7
mercliants ....... Rs. 150-0-0
Japerçonson........t of 16 Rs. zzj-0-0
Jirayat ......... Ks. 6,00~

[Details of land-revenue charged according to ploughs omitted.]
Item of general increase included while granting
to the Firangee togethernjam withfoZakat IZKherij
Dast etc. ................. 3,654-8-0

Separate items of Ain Dast .......... 6,375-0-0
Jarayeba ....... 225-4-0
Jirayat ........ 6,000-0-0

6,375-0-0
--
Kherïj Dast ................. 950-8-u
Zakat of the sain Pargana ........... 1,020-043
Ain Dast ....... Rs. 1,000-0-0
Duhotra ....... Rs. 20-0-0
Rs. 1,020-0-0
Total of actual Receipts ........... 8,345-8-0
....................
Total Rs. ro,ozg-8-o
Kherij Dast etc., as laçt year-
Ramavis ....... Rs. 375~~0
Duhotra .on.Ain Dast . . Rs. 200-8-0
--
Ks. 950-8-0

Terij of receipts-
Ain Dast ....... Rs. 10,029-8-0
Klienj Dast ...... Rs. 950-8-0
Rs. 1o,g8+eo

Receipts of the year ............. Rs. 10,980-0-0;
Collectioiisoftlic year ............ Rs. 1o,g80-0-0
Balance at the end of the year ......... Nil ASNEXES TO PREI,INII\'AI<YOBJECTION (C NO. 20) 27I

(Peshwa Daftar. North Konkan. Rumal 1741.)

Title page ofAudit of Accounts of Hiizur expenditure of Dharmadai, etc.,
Prant Bassein, Sa.nSeet hlayatain.
RajmandaI.
Zadti

Swari Rajeshri Pant Pradhan. Expenditure from revenues of Prant
Bassein during the administration ciParshuram Khanderao-expenses
from the said Taluka in Huzur accounts for the year Seet Mayatain
[1805/1806].
Expenses on account of Foreign Darbar Le., on account of Pargana
Nagar Haveli which has been given to the Firangee of Goa as Dumala

together with Zakat-
Rupees.
(Revenues of) said Pargana .......... Rs. 1ci,g80-0-0
Zakat ................... Rs. I.,OZ-

Rs. 12,000-0-0

Shri.

Terij of expenditure from Huzur Accounts of Prant Bassein for the
year Seet Mayatain.
Total Rupees Cash

Expenses on Foreign Darbar
on account of Firangee of
Goa ......... Rs. 12,ooo-+O Rs. 12,ooc-0-0

(PeshwaDaftar. Konkan. Bassein. Rumal 1741.)
Shri.

Record of total Receipts of Prant Bassein Seet

Mayatain JVaAlaf [1805/1806.]

Rajmandal.
Page No. 646 of Zadti.

Swari Rajeshri Pant Pradhan, Suliur Seet, Prant Bassein, diiring the
administration of Parsharam Khanderao. Receipts for the current year
Mahal-wise.
iPargana Nagar Haveli in charge of Firangee of Goa given as Dumala
to him-villages 69.272 ANNEXES TO PRELIMINARY OBJECTION (C 90. 20)

Details.

Kitta Villages Kitta Villages
I Dadra I Roli
I Ayali I Badekhat
*** * * *

35 34
Total 69 villages.
According to last yearRç. ............ Rs. 1o,g8+ 0-0

Details.

Ain Daçt .................... Rs. 9,381- 2-0
Mohtarfa for 7 merchants . . Rs. 150- 0-0
Jaraiba for 16 persons .... Rs. 225- 0-û
Jirayat .......... Rs. 6.00~ 0-0

GeneraI increase by including
Akar of Kharaba at the
time of assigr~i~lvillages
worth twelve thousand
together with Zakat to
the Firangee ...... Rs. 3,006 --0
Total ..... Rs. 9,381 2-0

Kherij Dast .................. Rs. 1,598-144
Kamavis Makta ...... Rs. 450- ~-0
. Karsai ........... Ks. 375- ~-0

Antast ........... Rs. 586- 0-0
Duhotra on Ain Dast .... Rs. 187-14-0
1,598-14-0

Total ....... Ks.ro,g8o- o-o

(Pashwa Daftar. North Konkan. Bassein. Rumal 1775.)

Rajmandai.
{181z/r8131
Zadti.
Audit of accounts Mahal-wise

Swari Rajeçhn Pant Pradhan, Prant Bassein during theadministration
of Parçhuram Khanderao for the year Salas Ashar Mayatain Wa Alaf. ANNEXES TO PRELIMINAI~Y OBJECTION (C NO. 20)
273
Pargana Nagar Haveli has been given in entirety to Firangee of Goa
as DumaIa.
Villages of the Pargana total Niimber .....
Total receipts as in the last year Rupees ... 9.3 r- 2-0
Mohtarfa from 7 merchants ......... 150- 0-0
Jaraiba from IF persons ........... zz$- 0-0
Tirayat .................. 6,000- 0-0

This arnount is shown as having
been levied on 4x1 ploughs.
The Kunbis who owned
91 pIoughç contributed
Rs. 2,292-0-0 at the rate of
Rs. IS/- per plough. The
Warlis who owned 220 ploughs
contributed Rs. 2,200/- at the
rate of Rs. IO/- per plough . . 4,492- +O
Peasant proprietors zoo at the
rate of zh per cent. ..... $00- 0-0
Hundekaiis ......... 1,008- 0-0

6,000- 0-0
General increase :-
The Akar of Kharaba was inclu-
ded at the time when the
Sarkar agreed to assign to the r
Firangee villages of the reve-
nue of twelve thoiisand Rupees 3,006- 2-0

9,381- 2-0
Kherij Daçt .......... 1,gg8-rq-o
Kamavis ........... 450- 0-0
Karsai ............ 375- 0-0
Antast ............ 586 0-0
Duhotra on Ain nast ..... 187-14-0

1,59&-14-0
Total Receipts ................ Rs. 10,980- 0-0
(ReaIization of revenue) ............ Rs. ro,çi8+ 0-0

Balance ................... Nil.

(Peshwa Daftar. '/:hana Rumal 70.)

Rajrnandal.
[1812/1813]
Zadti.

Swari Kajashri Pant Pradhan Suhur Salas, Prant Bassein during the
administration ofParashuram Khanderao.
Expenditure:-Expenses on foreign Darbar. The
Mahal of Pargana Nagar-Haveli Iias been assigned
in entiretyas Saranjam to the Firangee of Goa.
The Akar of the same inclusive of Zakat .... Rs. 12,oool-274 ANNEXES TO PRELIhII-JARY ORJ14:CTION (C NO. 21)

Annex C. No. 21

(Peshwa Daftar. North Konkan. Rumal 1666.)

Siiri.

Taluka Bassein for the year Arba Samanin Maya Wa Alaf [1783/1784].

Villages of the Pargana-69
From which deduct deserted villages-I j

AkHakdars t..................villages exclusive of Rs.

According to accounts for the year Salas Sabain
during the administration of Trimbak Vinayak 11,781- 1-0
Village-wise .................. I1,302-12-3
Jirayat ............ Rs. 8,592- 5-3
Jaraiba ............ Rs. 342-1 j6
Mohtarfa ........... Rs. 41- 8-
Tax on Mango trees etc. .... Rs. 6- 0-0
General increase ........ Rs. 761- 2-9

Akar from waste lands from vil-
lages Naroli and Dadra excluded
from the account estimated at
Rs. z,135-12-0 from which
deduct as part of general in-
crease of the said villages, in-
cluded in tlie above total Ks.
576-13-9, Balance ......

Total .......
Details-
Akar .............
Amount of remissions formerly
granted ..........
Total assessrnent on waste land

Kamavis Makta (contract-fees)
Duhotra at the rate of Rs. a/- per
cent. ............

Carried forward ... 11,781- 4-0 AKEEXES TO PRELIhlIhTAI<Y OBJECTIOS (C XO. 21) 275
Rs.

Brought forward . , 11,781- 4-0
Miscellaneous items ............... 1,342-12-0
Fines, tax on marriages, S: remarriages of ~vidows,
estimated at Rs. 7291 -rom which amount received
according to Makta incIuded in the above Rs. 2501-
Balance. ........... ES. 479 *O
On account of Karsai
approxirnately ....... Es. 373- @-O
Estimated for Antast and Kar-
kuni ............ Rs. 490-12-0

Sakat .............
- Akar for the year Tisa Sabain . .

Expenses on account of establish-
ment of the said Mahal ....
Duhotra at the rate of Rs. 21- per
cent. ............

Antast ............

1,528- 0-0
Total ................ 14,652- 0-0

De tails

Mauza Upase ...
,, Sayli ...
,, Umbroni . .
,, Kheratbari .
,, Wasde ...
,, Rorpe ...
,, Kudane . .
,, Ghodbari . .
,, Shelti ...
,, Dudhani . .
,, Khaniwli . .
,, Wagchawade
,, Chawade . .
,, Karanjgaon
,, nledhe ...
,, Benadhe . .
,, Bridawan . .
, kIaçat ...
,, Kharadi . .
. Tilade ...276 ANNEXES TO PRELIMINARY OBJECTION (C NO .21)

Mau.. KKarchonde......... 31-12-00
.. Seli .......... 335-12-0
.. Surangi ........ 108- 00
... Avlie ........... 368- 0-0
.. Chikhli ........ 109- 0-0
.. Chinchpade ....... 53- 8-0
.. Dapode ........ 135- 8-0
.. Udase ......... 92- 4-0
.. Sawase ......... 178-4-0
.. Sabrun ......... 68- 4-0
.. Morkhal .......... 881-8-00
.. Ranadhe Budruk .... 566- 4-0
.. Ranadhe ........ 280-13-0
.. Hatale ........... 127- 8-0
.. Hatsal ......... 87-5-0
.. Walegaon ........ 103-8-0
.. Anboti ......... 20-12-0
.. Khadwali ........ 167-4-43
.. Bedset ......... 269-124
.. Khadape ........ 131- 4-0
... Takawli ........ 166- 0-0
. Wagsip ......... 131-4-0
.. Pawi .......... 87-12-0
.. Dadrai ......... 1.4 5- 8-0
.. Galande ........ 554-12-0
.. Salitali......... 171- 0-0

Exthan what was realiseinSalas Sabain ......abain Rs. 174-14-
More revenue receipts in the year TSabain .... Rs. 163- 1-0
Nauza Udavane ........ 9-10-9
.. Wagchawade ...... 21- 9-43
.. bledhe ,........ 26- 7-9
.. Karchawad ....... 48- 1-0
.. Khadapli ........ 16-11-3
.. Golaride ........ 35- 9-6

Duhotra at the rate o2 per cent I53- 3-9
.
Carried forward ..... 163- 1-0 ANNEXES TO PRELIhIINARY OBJECTION (C NO. 21) 277

Urought forward ... r63- 1-0
Mauza Uirdawan in the year San
Sabai11 ........... I1-13-0
Cash.. .... II-C+
Duhotra .... O- 3-6

11-13-0 --

174-14-0
Total ............... 13,298-14-0
Zakat .................... 1,528- 0-0

14,826-14-0

Revenues of deserted villages have been deducted in the accounts of
year Salas Sabain. There was cultiva.tion on srnall scale in the year Tisa
Sabain. Revenue receipts of the same:-
Mauza Lohari .... 37-12-3 Details of deserted villages
,, Chinchole . . 26- o-o I Mauza Jalewengaon.
44- z-g I ,, Khadakwane.
,, Rakholi . . 45- 8-9 I ,, Dokari.
... Karad ...
,, Ambebari . . 13- 2-3 I ,, Kotare.
I ,, Ruipada.
166-10-o I , Rildari.
More revenue will be yieIded if r ,, Dolbare.
the harvest is good. I ,, Madwani.
I ,, Parjai.
- I ,, Kele.
1O
The said ten villages will be
brought under cultivation. There-

fore Revenue estimated at Rs.
. [left blank].

(Peshwa Daftar. North Konkan. Nagar-Haveli. Rumal 1854.)

Shri.
Jarnabandi settlement of Pargana Nagar Haveli, Prant Rani-Nagar,
Taluka Bassein, for the year Khamas Samanin Maya Wa AIaf[r784/8$].
Accounts of the said Pargana for the year Salas Sabain together with

additional Akar of recent years.
Pargana ..................... Villages
Inhabited .................... 59
Ditto. ............... , ...... 54

Out of 15 villages which were deducted in San Salas Sabain
on account of their being as uncultivable and uninhabited,
villages in which partial cultivatiori was carried out and
revenue was realised in the settIement of Tisa Sabain, are as
under-278 AKNEXES TO PRELIMINARY OBJECTION (C NO. 21)

Brought forward . . 54
r Mauza Laheri
I ,, Chinchdhe
I ,, Rakholi
I ,, Marbad
I ,, Ambebari
-
5 .................. 5
Deserted-IO.
I Rlauza Keie
r ,, Nanedana
I ,, Khadakwani
I ,, Dalebari
I ,, Kobar
I ,, Reni
I ,, Bildari
I ,, Dolebari
I ,, Mapwani
I ,, Parjai
-
10 .................. ' IO
-
69
From which deduct deserted villages ......... IO
Remaining inhabited villages ............. 59
Total Akar ................ Rupees /-
...............
DetailsDoftAintDast Rs. 10,737 4-3

Akar (Revenue receipts) of the year
Salas Sabain .......... Rs. 7,950- 0-0
Additional (receipts) recently
realized ............ Rs. 338- 4-0
Additional Akar yielded from an
inhabited village in the year
Saman Sabain ......... 11-13-0

Akar of inhabited villages together
with receipts from a few of the
uninhabited villages partially
cultivated ........... '326- 7-3
338- 4=
Akar of 7 uninhabited
villages ...... 15VI3-3

Uniiihabited villages
deducted in the year
Salas Sabain, Akar
offive of them which
have been cultivated
partially ...... 166-10-0
*326- 7-3

Carried forward . . Rs. 8,288- 4-3 ANNEXES TO PRELIMINAKY OBJECTION (C NO. 21) Zig

Brought forwarcl . . 8,286 -4-3
Akar (Receipts) from Zakat .... 1,400- 0-0
Receipts in the year Tisa Sabain . . 1,075- 8-0
Estimated expenses of the Mahal in
addition to the receipts by the
Sarkar ............. 324- 8-43

1,400- 0-0
--
Kherij Dast ........... x,oqg- 0-0
Kamavis of Makta (contract fees)
in the year San-Salas Sabain ... zjû- O*
Dujotra on-
Ain Dast ..... 8,288-4-3
Zakat ...... 1,40- 1
Kamavis ..... 250-0-0 199- c-O
Antast ancl ICarkuni ....... 600-

Karsai approximately ..... 1,049- c-0 375- 0-0

Revenue receipts of waste lands of inhabited
villages shown as deducted together with
remissions during the year Salas Sabain ... 3,352-12-9

Remissions previous granted . . 1,793-14-6
Revenue frorn lands shown as
arable from Kharaba lands
in the survey of Salas
Sabain ........... 1,558-14-3

3,352-12-9
Miscellaneous receipts on account of fines, tax on
marriages, fees of messengers despatctied esti-
according to Makta asoshown above Rs.rec2501- .
479- 0-0
Duhotra ................... 56-12-0
Total Rs. .. I~,OOO-IJ-O

Ten villages.
The Akar of fifteen villages, ten of which are uninhabited and five
partially çultivated, togethewith Zakat Inay be assigned- [portion
tom]. Accordingly the rernaining villages inhabited and uninhabited
and Zakat excIuding the villages formerly assigned are hereby üssigned.
Thus the said pargana together with Zakat is assigned to the Firangee
from the current year. Therefore the same be given as Dumala arid
receipts obtained therefor. In San Arba forty-seven villages of the said
pargana were given in charge Lof the Firangee]. Revenue of villages
exclusive of these and of Zakat of the:last year collected for the Sarkar is
fo be returned to him. Therefore after ascertaining the amount collected.280 ANNEXES TO PRELIMINARY OBJECTION (C NO. 21)

it should be returned and receipt obtained therefor. Sanad to Jivaji
Gopal to the same effect. Sanad may be issued after writing explicitly
therein that an agreement has been made to the effect that the Firangee
will not construct any new fortifications in the pargana.
Sanad çhouId be issued dated 2 Jilhei Suhur Khamas Samanin month
of Kartik [17October 17841.

(Peshwa Daftar. North Konkan. Haveli Saywan. Rumal 1779.)

Temporary accounts of Taluka Bassein from beginning of Suhur
Khamas Samanin Maya Wa Alaf [1784/178 t5the end of the year
receipts. .............. Rupees.

Expenditure. ........... Kupees.

Huzur Accounts ................ Rs.37,406-10-0
Temple ofVajrayogini ....... 162-11-0
Religious Charities ......... r,539- 0-0
Inams .............. 2,153 --0
Villages granted in farm to Inamdars . 10,342-15-3
Expenditure no account of Dumala . . 15,000- 0-0
Pargana Nagar Haveli inclusive
of Zakat with the Firangee of
Goa ..... ..... 12,ooo
Vakil of Firangee of Goa ... 3,000

Rs. 15,000

(Peshwa Daftar. North Konkan. Bassein. Rumal 1682.)

Shri.
Audit of revenue accounts. Rajmandal Swari Rajashri Pant Pradhan.
Taluka Bassein, during the administration of Ganpat Rao Jivaji, in the
year Saman Samanin Maya Wa Alaf [1787/17 8ro3 .18 Shaban Aval
year to the end of27 Shaban Akhir year .......... villagesofthe said
Prant accordingly .......... Villages719.

Out of which deduct villages~assigned .......... Villages.
In charge of Raja Durjan Singh Villages from
Pargana Khaladi ............. 5
In charge of Firangee of Daman ....... 21
From Yargana Neher .... IO
From Pargana Khaladi ... II
- -
2 1
Total -26
Remaining Villages ............. Village?

'593 X~~XEXES TO PREIJMIKAI~Y OBJECTIOK (C NO. SI) 281
Details :

Inam.. ........... II
Içafat in charge of Deshmukh . . 15
Dumala ............ 71
In charge of Narayan Rao Vithal.
Firangee Vakil Villages froni
Pargana Khaladi-Pawadi . 2
Entire Pargana of Nagar-Haveli 69 -
71
. . . . . ....- -. '

(Peshwi Daftar. North IKonkan. Rumai 1686.)
Shri.
[4 June 1788.1
Audit of Mahal-wise revenue accoimts.
Rajmandal Swari Rajeshri Pant Ilradhan. Prant Bassein during the
administration of Ganpat Rao Jivaji in the year Tisa Samanin Maya
Wa Alaf from AwaI Year 28 Saban to Ramjan 8 Akher. Receipts for the
year-
Total number ofvillages ....... 7I9
Out of which deduct vhlages of which Akar is not
accounted since former tirnes ........... Villages
Villages assigned to the Firangee at the time of tretay . 21
With Raja Durjan Singh .............. 5
--
- 26
-
Remaining. ............ Villages
Mahals 13 of Yra~it(Firangan) Bassein ........ 479
Mahals 4of Prant Ramnagar ............ 178
Pargana Wada of Prant jawar ........... 36
-
-693
Det ails

Belonging to Sarkar ................ 596
Isafat ...................... 15
Inamati .....................
Given as Dumala to the Firanget: of Goa ....... 71
Entire Pargana of Nagar Havt:li .... 69
Out of Pargana KhaIadi-Pawadi to the
Firarigee Vakil ........... 2
-
-1
- -
-693
-
Estimated Aklierin cash ......... Rupees 297,111-7-6
--383 ANNEXES TO PRELIMINARY OBJECTION (C NO. SI)

(Peshwa Daftar. North Ronkan. Bassein. Rumal 1764.)

Shri.

Estimates of Taluka Bassein during the administration of Ganpat
Jivaji from the beginning of the year Saman Samanin Mayi Wa Alaf
[1787/1788] to the end of the same year.
Receipts Rs.

Antast and Darbar expenditure ........ 14,092- 0-0
.........................

The Firangee of Goa and
his Vakil was granted
Saranjam for the Kama1
Berij of ......... R3. I~,OOO/-
Of this Saranjam former
receipts ......... Es. 10,786- 4-0

Increase when villages were
given as Dumala ............. Rs. 4,213-12-0
The Mahal of Pargana
Nagar Haveli assigned
to the Firangee in
entirety for Rs. 12,0001-.
On this account .... Rs. 2,800- 0-0

FrPawadiPargan2 villagesdi-

to Narayan Vithal,
Vakil, for Rs. 3,0001-.
Increase on this account Rs. 1.413-124
Rs. 4,213-12-0

(Peshwa Daftar. North Konkan. Rumal 1709.)

Audit of Revenue accounts, Mahal-wise, of Prant Bassein of the year
Arba Tisain [1793/1794],

Shri.
Audit of Accounts, Kajmandal, Swari Rajashri Pant Pradhan, in
charge of Sadashiv Raghunath, Prant Bassein from the beginning of'
24 Sawal Arba Tisain Maya Wa Alaf to the end of the year 4 Jilkad,.
receipts.

Gross Total ................ Rs.
Audit of revenue accounts Mahal-wise, Rajmandal Swari Rajashri Pant
Pradhan in charge of Sadashiv Raghunath, Prant Bassein from the
beginning of theyear 24 Sawal, Arba Tisain Maya Wa A1afto the end of
4 Jilkad ofthe same year. ANNEXES TO PRELI3l;IINAItY OBJECTION (CNO. 22) 283

Receipts .................. Villages 719
Out of which deduct those which are not accounted for in the revenue
receipts.
Villagesgiven to the Firangee of Daman formerly
at the time of conclusionof treaty ..... 21
From Pargana Neher ........
From Pargana Khaladi-Pawadi ....

With Raja Durjan Singh of Pawadi ...

Remaining- Villages
From 13 Mahals of Firangan (Taluka Bassein) 479
From 4 Mahals ofPrant Ram-Nagar ....
178
From Pargana Wade, Prant Jawar ..... - 36
693
-
Dda ils:
Bdonging to Sarkar ......... 597
Inam ............... 12

Isapat ............... 15
Pargana Nagar Haveli iç entirely gived
as numala to the Firangee of Goa . 69

-
Total Receipts in Cash ............. Rs.2,51,458-6-9

Annex C. No. 22

(Part I)

(Peshwa Daftar. South Konkan. Dafata Patra. NO. 650.)

Rajmandal.

Swari Rajeshri Pant Pradhan.
Suhur Ihide Saban 29. [a3July 1750.1
Letter from Register.

The Sarkar's farm of Rs. 5,2001- was fixed from Rana Rarndeo of
Rarnnagnr State and the amoiint was assigned to you. Now that fort~$4 ANNEXES TO PRELIMINARY OBJECTlON (C NO. 22)

Ghambirgad has been won for the Sarkar money has to'be provided for
maintaining the same. Therefore from the current yearthe said amount
of Rupees five thousand two hundred has been given to Ramaji Mahadeo
in charge of Prant Salsette for the maintenance of the fort. He will
receive the arnount.You should not press the State for payrnentSanad
to Shankaraji Keshav to the above effect.
Copied by Mahadaji Baburao temporary Clerk 20 August 1853.
Compared by Dinkar Vasudeo CIerk 27 May 1854.

Annex C.No. 22

(Part 2)

(Peshwa Daftar. South Konkan. Dafata Patra. No. 650.)

~ajmandal.
Swari Rajeshri Pant Pradhan.

Suhur Ihide Saban zg. [23July 1750.1
Letter from Register.

Sanad to Ramaji Mahadeo incharge of Prant Salsette.

The share of the revenue of Zakat of Prant Ramnagar was assigned
to Antaji Moreshwar. The same has been taken away from him andhas
been assigned to you for one year. The contract for the same for
Rs. z,~oo/- has been given to you. Share excluding this [Iportion tom]
to be sent to the Sarkar will not be deducted. The excess should be
credited tothe Sarkar. Agreement accordingly. ArticleI.
Now Parganas exclusive of the Zakat of Prant Ramnagar have been
taken over by the Sarkar. Their estimated revenue will be about fifteen
thousand rupees.Out of this fivethousand two hundred rupees are to
be received in cash for the old contract. The remaining revenues amount
to ten thousand rupees. Later the revenues would go on increasing.
[Portion torn] Baji Gangadhar informed the Huzur. Therefore you
should take action that the revenue receipts do not fall below the amount
of fifteetn housana rupees, but increase.Article I. [Portion torn.]
Accordingly two articleshave been agreed upon. You should act accor-
dingly. Sanad I.Copied by Baburao temporary Clerk dated zo August
1853. Compared Dinkar Vasudeo 27 May 1854. ASXEXES TO PRELIBIINAKY OBJECTIO?; (C NO. 23) 285

Annex C.No. 23

LIST OF ZAKAT POSTS OF GHAMBIRCAD IKCLUDING THOÇB INSIDE
PARGANA NAGARAVEU
179311794

(PeshwaDaftar. Returnable Papers. Sadashive Mankeshwar. Rumal 105.)

Shri.
List of Zakat Nakas of Taluka Gambhirgad in the year Suhur Arba
Tisain Maya !Va Alaf (175)3/1794).

Sarkar's entire Amal is in force 6 Panch Mahal
in respect of Zakat inclusive of I Waghadi
Ain Zakat and rights of Sar- I Kurze
deshmukhi and Sarpatilki I Chichne
Watans. I Subhakar
I Save
I Balapur
-
6
-

Administration of the Sarkar in 6 Pargana Barhe
charge of Parsharam Ganesh I Dongari
inclusive of Ain Zakat and r Wasc
rights of Sardeshmukhi and I Kormal
Patilki. I Sav Shaveli
I Warawade
I Bari
-.
6
-.
According to previous practice 6Nagar Haveli Share
Zakat was sliared by both par- I Padajai

ties. Ain Zakat belonging to IUbarkoi
the Raja of Kamnagar and the I Rakholi
rights of Babti Sardeshmukhi ISaiIe
and Patilki were the Sarkar IAmli
Amal. dfter Annexation of I Fatepur
Nagar Haveli by the Sarkar
both the Zakats came in the
possession of Sarkar. There-
after with the Firangee.
-
0

The Zakat of the said Mahal is 6 Prant Ram Nagar
with Ramnagar and rights oi I Panas

Sardeshmukhi and Sarpatilki I Pode
are with the Sarkar. This is I Khadakwal
the present position. I Modwaigan
I Gowari .
I Chorwad
-
6
-286 ANNEXES TO PRELIMINARY OBJECTIOY (C NO. 24)

Statement from Sarsharam Formerly Parsharam Ganesh had
Ganesh. taken the farm; since then nearly
r Amal of rightof Sardesh- 36 years from the year Saman Kha-
mukhi in charge ofChaskar. masain have passed. At that time
I Amal of right of Sarpatilki exclusive offarm Rs. 1,62 3argana
in charge of Pilaji Jadhav Bare -1,623
who entrusted it to the
Sarkar.

Ain Zakat ...... 1,150
Right of Sardeshmiikhi
& SarpatiIki .... - ,450
1,600

Duhotra ...... 23

Total ..... 1,623
Nagar Haveli .... 2,015
Ain Zakat ...... 750
Sarkar's share of
Rs. rr~o/- ofwhich
Rs.4001- are in
arrears withRaja of
Ramnagar.
Kights of Sardesh-
mukhi & Sarpatilki. 1,250
-
2,000
Duhotra ...... 15

Total ....... 2,015
2.015
Rights of Sardeshmu-
khi and Sarpatilki of
Ram Nagar and Ain
Zakat and Babti half
to the Sarkar ... 3,300

Annex C. No. 24

MEMORAND RECARDING ZAXAT OF PRANT BASSEIN 179211793

(Peshwa Daftar. Returnable Papers. Sadashiv Mankeshwar.
Rumal 105.)

Memorandum regarding Zakat of Prant Bassein of the year Salas
Tisain Maya Wa Alaf [1792/93].
In the year Arba Samanin [1753 t]e Mahal of Pargana Nagar Haveli
of thesaid Prant was granted to the Firangee. At that time Zakat Amal
from DadraINaroli posts set up in the year Tisa Khamsain [1758/5g]
on the Mahal being taken over by the Sarkar in the administrationof ANNEXES TO PRELIMINARY OBJECTION (C EO. 24)
z87
Shankaraji Keshav, and four villages werc retained, and the remaining
villages were granted to the Firangee. But it has been agreed by the
Huzur to gant to the Firangee Saranjam of Rs. ra,ooo/-. On account of
retention of Zakat and villages the Saranjam was not completed. There-
fore the Vakil of the Firangee represented to the Ruzur and obtained
the Zakat and villages of that Mahal which had been retained.

Therefore the totalamount of Es. ~z,ooo/- is as under
The Mahal consisting of 72 villages ...... Rs. 10,980- 0-0
Zakat of Dadra and Naroli posts [Rs. IO~O/-]
against which annually Rs. 1530 are being
shown as deductions from i.he total Zakat (of
Bassein) ................. 1,020- 0-0

Rs. 12,000- <t~

Thus the ainount of Rs. rz,ooo/- was completed but the Firangee
insisted that in the Sanad issued to the Siibha for the gant of the Saran-
jam by the Huzur it is written that MahaI Darobast should be granted.
Fomerly the Raja [of Ramnagar] made over in exchange of Babti and
Sardeshmukhi to the Sarkar share in the Zakat of Ram Nagar iiiclusive of
Nagar Haveli. Though this was not included in twelve thousand the
Firangee forcibly collected Zakat from posts in San Ihide Tisain [17go]
and from others in Isane Cr7911and did not allow annual collection

according to article. The estimated revenue is as iinder :-
For the year San Jhide Tisain [:1790]...... Rs. 1,333- 0-0
Zakat post at Surangi ............ Rs. 50- 0-0
From the Zakat post of Kawcho on account of
dispute in San Saba Sabain d.uring the contract
ofSornaji Rhaghunath the revenue ofthe village
was kept with the Patel in deposit with the in-
tention that decision would be taken after
feceiving orders from Poona. The revenue has
been forcibly talien Irom tht: Patel ..... Rs. 225- 0-0

The Firangee collects the shop tax which shop-
keepers in villages pay towards the village
expenses. As it is inconvenient to pay every
time taxon goods imported and exported, the
shopkeepers made a contract to pay a lump
sum. The Firangee forbids payment of this . 325- 0-0
The Patels agreed to give on the sale of nagli, rice
etc., as ulfa a lump sum of ......... Rs. 300- 0-0
This bas been stopped.
The Kamavisdar of the Zakat receives according
ta custom rice, da1 and ghee in kind. This has
been stopped. Estimated receipts ..... 75- 0-0
Tax on cattle, estirnated receipts...... 125- o-û

The Firangee carries rice etc. to Daman in
addition to rice receivedin payment of assess-
ment. FormerIy custom duty was ~aid on this.
The same is not being paid-estimated receipts 125- 00
[Cal-riedfonvard . . Rs. 1,225- CH]288 ANNEXES TO FRELIIIIKARY OBJECTION (C NO. 24)

[Brought forward ... Rs. 1,225- 0-01
The Firangee carries teakwood froni the jungle.
He does not pay fees for the cartagc-estirnated
receipts .................
Weekly bazaar is held at Mauza Rakholi, the tax 75- 0-0

on this cornes to Ks. ~zjl-. One-third of this
amount is a share of Ram Nagar Zakat. Out of
this only Rs. 161- are received-balance ...
According to practice cach village contributes
onc fowl in the form of tax-estimated receipts IO- 0-0
Total ............... .1,335 --0

From San Isane Tisain [17g1] ......... 2,169- 5-0

Zakat post at Maiiza Kakholi ......... Go4-12-0
. PL ,, at ,, Ubarkoi. ........ 93- 5-0
, a ,, Arnbzli ......... 64- 44
Zakat posts at Kilwani, Phalevani and Seli ... 11-10-0
Zakat posts at Rlauza Parjai ......... Ks. 9- 2-0
,, at Selwassa 8: Nisana. ...... 3- 4-0
Excise duty in lump surn yromised by the wine
merchants is not being paid ........
Nerchants bring teak-wood to Daman--Zakat
is levied on the basis of value of goods. The

Firangce levied Zakat- its cstimated rcceipts
Total .......... 2,169- 5*

3,504 --0

Accordingly the Firangee attaching the payment appropriated it.
Balkrishna Pandurang, Kamavisdar of Zakat Prant Bassein wrote tothe
Firangee from Arjungad that lie had not been granted Amal of Zakat
Ram Nagar. It was, therefore, not proper that he was attaching it
forcibly.On this he deputed his VakiI. He represented that the Darobast
Mahal hsd been granted to him. Hc would take in the Mahal the
Sarkar's share of Zakat included in the Zakat of Ramnagar. On this
evidence was adduced that this Amal was not included in the grant of
Rs. 12,oooj- made to the Firangee. It was then ticcided that the amount
and the Amal be given. Rut as his Ryots would be molested ifthe collect-
ions werc to be made by the Sarkar, a peon of the Sarkar and another
of the Firangee should make the collection and payment should be
received by the Sarkar.
Amount received for the year
Ihide [17go] on account of a few items mentioned
above .................. Rs. 535- 0-0
Balance with the Firangee ..........
2,969- 54
Accordingly compromise was made. Later on a peon was sent to the
Firangee to bring the balance. He replied as the year was a lean one it
was necessary to give a Kaul to Ryots for assuring ciiltivation. The
amount would bc paid later. Therefore the balance remaining iinpaid by
theFirangee. ................. Rs. 3,504- 54 ANNEXES TO PRELIMINARY OBJECTIOK (C NO. 25) 289
The total arnount of the Sarkar rr:ceiveby the Firangeeis ast1nder:-

Zakat frum the post of Kawcho for four years
from the year Saba to Tisain at the rate of
Rs. 2251- which the Firangee has forcibly
takeri from the Patels .......... 900- 0-0
In the year Ihide [17go] hc: collcctcd money
settirig asidSarkar Amal .......-- 1,335- 0-0
For San Isane [1791j. ............ J. j04 5-0

1,335- 0-0
(Items explained) . 2,169- 0--

--504 5-0-

For San Salas ....... 3,jo4- 5-0
Total ..... Rs. 9,243-10-0

Annex C. No. 25

(Part 1)

(Peshwn Daftar. Soutli Konkan. Rumal 650.1

Rajmandal.
Swari Rajeshri Pant Pradhan
Suhur Tisa [1759].

In charge of Kajashri Trimbak Sadashiv.
Dated Rajah 26 Tisakhamasain [26 March 17jgj.

Letter froin Register.
Sanad to Shankaraji Keshao.

In this year sixty-nine villages of Pargana Nagar Haveli incliisive
of Zakat and haIf the Zakat of the highway at Naka Fattepur have been
taken over from Bala Rhai Raja by the Sarkar in place of Nazar
Kamavisi. The same has been entriisted to you. Tfiereforc acting with
trust aiid carefully administering the mamla collection should be
credited to Govt. accounts.
Saiiad-r .
Copied by Kashinath DIionddeci temporary clerk on 7 July 1853.

Compared by Dinkar Vasudeo clerk on 28 August 1854 Read by
Naro Atmaram clerksoon after the sarne date.290 ANNEXES TO PRELlrCIIK.4RIrOBJECTION (C NOS. 25-26)

Annex C. No. 25
(Part2)

ENTRP OF LETTERS OF INSTRUCTION TO KAMAVISDAR SOKCERNING
ZAKAT OF KAMNAGAR. 27 MARCH 1759

(Peshwa Daftar. Soutl-iKonkan. Ruma1 650.)

Rajrnandal.
Swari Rajesliri Pant Pradhan
Suhur Tisa [r759],

In tlîe presence of Trimbak Sadnshrin.
27Kajab [27 Narch 17591.

Letter from Register.
The Parganas of Bala Bhai Raja of Ramnagar were attaclled by

the Sarlïar. Onthistlie saiRaja came to Bassein and in lieuofthe
Nazar liaving taken from liim sisty-ninevillages of Pargaria Nagar
Haveli of the State iiiclusive of Zakat and Kulbab anKulkanu and
half the Zaliat of the highwofstlie Pargana, the [remaining] Parganas
are made over to hirn. Letters of instructtonthe Karnavisdars that
attachment has been removed and that they should no longer interfere
in the Parganas.
(1)To Shankaraji Keshaw, Prant Bassein, in respeof Pargana
Mandwe.

(1)To Kamchandra Anant iirespect of Pargana Pedwal, Chod-
thal and Naroli.
Copied by Kashinath Dhonddeo teniporary clerk on 7 July 1853.

Compared by Dinkar Vasudeo clerk 28 XpriI 1854.
Read by Naro htmaram clerk.

Annex C.No. 26

ACCOUN T APER SHOWING WKOKGFU CLOLLECTIO BY THE PO~ITUGUESE
OF ZAKAT DUE TO THE MARATHA GOVERNMENT. 179411795

(Peshwa Daftar. Garnbhirgad. Rumal 1765.)
Shri.

Estimates of Taluka Bassein and Gambhirgad in charge of Sadashiv
Raghunath.
Suliur Khamas Tisain Maya Wa Alaf [1794/1795].

Keceipts from the beginninto the enof the year.
.........................
' Rupees Annas

3P929 4
The Zakat of Gainbhirgad and of other Zakat posts was for~nerly
received by the Sarkar. Of late the FiraofGoa forcibly collects the same on the pretext that it forms a part ofNagar llaveli Zakat. The

arrears of previous administration are being carried forward separately.
Inaddition to this, tlie amount tlie last year collecbydhim is three
thousand nine hundred and twenty-nine rupees and four annas. Tsame
should be collected.If iis notpaid the same should be recovered from
his Mahal.

Annex 1:.No. 27

(Peshwa Daftar. North Konkaii. Rumal 1723.)

Rajrnandal.
Swari Rajeshri Pant Pradhan.

Prant 13assein.

Expenditure 18,Jilhej Suhur Sanian [18June 17973
Suba Armar, income from sales.-

The Mahal of Pargana Nagar-Haveli is with the Firangee of Daman.
On account of dispute over Zakat attachment was made. Arnount in
respect of this attachmentKs. 787.8.0.

Annex (:.No. 28

ENTRY OF SANAD ISSUED TO WAMANAJ HIAKI,SUBEDAR OF BASSEIN,
DIRECT~NG WITHDRAWA OF ATTACHMEN TF MAHAL GRANTED IN
SARANJA LO~THE PORTUGUESE. II JANUARY 1799

(Peshwa Daftar. Rozkird. Rumal 158.)

Swari Rajeshri Pant Pradhan.
Dated 4 Saban [iI January 17991.

Letter frorn Register.
Mahal of Pargana Nagar Haveli of Prant Ram~iagar in TalukBassein
inclusive of Zakat, Mohtarfa and tas on cattle wss assiineiitirety by

the Sarkar to the Firangee in Saranjam towards Daman. Accordingly
it is continued to him, The Firangee collects the share of his Zabyt
posting a peon at Fattepur Naka. The Mamlatdar caused harassrnent
aileging that the Zakat collected by the Firangee by posting a peat
Fattepur Naka was from the share of Gambhirgad and in consequence of
this dispute broughtattachment. At thattime cattle, utensiand other
articles weretaken away by the Mamlatdar. To restore these a Sanad
was issued by the Sarkar. But these were rtot restorecl. This was repre-
sented by Vithal Rao Goraksh, the I?irangee Vakil. Therefore this Sanad
is issueto you. You should act accordinto the Sanad received from the
Sarkar previously and should not raise new objections. The Firangee292 ANNEXES TO PRELISIINARY OBJECTION (C NOS. 29-30)
should be permitted to collect the share of his Zakat as he has been doing

by posting a peon atattepur Naka, Cattle, utensils, and other articles
which have been attached and taken away should be restored. Steps
be taken that no conlplaints are made again. Sanad is issued in the name
ofWamanaji Hari, hlamlatdar of Taluka Bassein to this effect.

Annex C.No. 29

LETTER TO WAMANAJ HIARI,SUBEUAR OF BASSEIN ,IRECTING THAT

ATTACHME XNTMAHAL GIVEN IN SARAKJA JI THE POKTUGUEÇE BE
\~ITHDRAWN. 19 JUNE 1798

(Peshwa Daftar. North Konkan. Sarsuba Rumal 1532.)
Kajmandal.

Swari Rajeshri Vinayak Amritrao.
Suhur Tisa Tisain[1798].

In charge of Wamanaji Hari.
Letter from Register.

Taluka Basseiii Muhararn. Vithal Rao Goraksh, the Firangee Vakil
represented to the Sarsuba that Mahal of Pargana Nagar-Haveli inclusive
of Zakat Mohtarfa and tax on cattle has been assigned to the Firangee
from the Sarsuba; that lnst year the Mamlatdar of Arjungad brought
attachment on the Mahal for realizing one year's amount of the Saranjam
and that orders be issued for tlie removal of the attachTherefore
this letter is addressed to you that no new harassment should be caused
and you should conduct yourself according to the treaty made from the
time the said Pargana was assigned to the Firangee in Saranjam. Xttach-

ment be removed without realizing the revenue of the Pargana. Letter
to Wamanaji Hari Mamlatdar ciated4 Muharram [rg June 17981,

Annex C. No. 30

(Peshwa Daftar. Xorth Konkan. Nagar Aveli. Rumal 1854.)

Zamindars of Pargana Nagar-Haveli, Prant Ram Nagar, Taluka
Bassein, pray as under:
The Mahal ofthe said Pargana was assigned from the Sarkar's terri-
tory by the Sarkar to the Firangee Goa in San Arba Samanin [1783].

At that time while retaining the Zakat post at Dadra and five villages of
the Pargana and posts of Ramnagar Zakat and Amal from Zakat
including tax on cattle as was collected formerly, the Anial of the
remaining villages was assigned to the Firangee.long as the Sarkar
was collecting Amal in the Mahal the Firangee did not misbehave. Later ;INNESES TO PRELIlIINrlRY OBJECTIOS (C YOS. 31-32) 293
on after euplnini~igtlie business to the Sarkar, he obtaiiied the remairiing
five villages and the -4mal of the entire Zakat. Since then he farms out

villages to Muslinls and Christiansand transports cattleto Daman for
slaughter. Patels and Zamindars have been exterminatecl, wornen have
been molestecl, allowances to places of worship and religious grants and
lands to Brahmins and annuities for charitable purposes have been
abolished. Such içhis tyrannous conduct, and he does not act according
to the treaty. In consequeilce Maratha subjects in the Mahal find life
impossible. Therefore we npproach the feet of the hlaster and make Our
representation in detail. Let the Master be kind enough to keep the
Mahal under his own direct revenue administration and take proper
care of the Zamindars. We the entire Ryots agree to make up tlie total
amount of the revenue for which the Mahal has beeri 'assigned to tfie
Firangee. Or if so orderedwe will pay the revenue of the Pargana to the
Firangee. But the Mahal should noi: be in charge of the Firangee. The
Master is powerfïil to listen to oui. prayers and pi-otect Maharashtra
Dharma. May this be known. This is our prayer.

Annex C. No.31

(Peshwa Daftar. North Konkan. Kumal447.)

lllemorandum.
Suhur Saba Ashar Mayatain.
i18171

The Vakil from the Firangee of Goa was always accredited to the
Sarkar at Poona and services of the Sarkar were performecl by the
Firangee of Goa. For this the Mahal of Nagar Havcli, Taluka Bassein,
has been granted by the Sarkar in Saranjam to the Firangee of Goa.
Of late 110services to the Sarkar are renderedby the Firangee. And the
Vakil does not reside :it Poona. Tlierefore the Mahal should be resumed.

Annex C. No. 32

(Peshwa Daftar. Ghadni. Rumal 482.)

Treaty by Sarknr Rajesliri Balaji Pandit PradhanIhide Arahin Maya Wa
.41af[1740/1741].

D. Francisco Baron Galenfes came on behalf of the Viccroy of Goa,
Pedro Mascarenhas D. Sandomil, and Captain Inchfird on behalf of
Stephen Law, Governor of Bombay, and concluded treaty at Poona with
Pesiiwa Balaji Rajiraointhe Year Iliide Arabin Maya Wa Alaf [1740/41].
It was agreed that villages in the vicinity of Indragad should be taken294 ANNEXES TO PRELIMINARY OBJECTION (C NO. 32)
over by the Sarkar and thosc adjoining Daman should be given to

Daman. An exchange of these rrillagagreed upon at Indragad between
Shankaraji Keshav and Captain Francisco Paim de Me10 on behalfof the
Captain Sottomaeyor of Daman and Shivaji Ranchod on behalf of
Captain Inchbird as under :-

[Here follow list o17 villages retainedby the Peshwa in Pargana
Kaher and II villages contiguous to Daman assigned by him to the
Portuguese; and several articles of a miscellaneous nature re1at-
ing to cultivations, timber, cattle grazing, etc.]

A soldier of the Sarkar entering the terntory of Daman wilI do so
only with the permission of the Firangee. If a soldier of the Firangee
were toenter the territory of theSarkar,he will do soonly with the per-
mission of the Sarkar. There is no reason to enter without permission.

Accordingly eighteen articles have been agreed upon. The exchange
of villages has been effected according to the Treaty of Poona. Both
Parties shouId act accordingly.

Re it known. 22 Jilkad [29 January 17411. INNEXk:S TO PRELI311KARY OBJECTION (C YU. 33) 295

Annex C. NO. 33

Transl;tion

The Right Hon'ble Sir Evaii Nepenn Bart.
President and Governor in Council, Bombay.

Right Hon'bIe Sir,

1st. It isvery probable that Yoiir Excelleiicy is not unaware that
by a Treaty concluded hetween the Governor General of Goa in the narne
and on the part of the King of Portugal, and the Reigning House of Poona
in the year 1780, His Highness Madow Rom.Naran Punt Purdan ceded to
the Crown of Portugal the Purganna of Napr Avely situated in the
vicinity of this City, which, from that time tothis day, has been governed
by those whom His Most Faithfiil Majesty has charged with the Govern-
ment of this Garrison and City.

and. As the local situation of this 'Purgunna of Nagur Avely, rendered
it impossible to transport al1itç territorial products to this City without
necessarily passing through some of the VilIageçin the Purgunna of Nair
Sojani, and Colony Pawary, belonging to the Marhatta Governnient and
annexed to thc above-mentioned Purgunna of Nagur, it was stipulated
by one of the articles of the said Treaty that al1articles of prodiictiof
the Purgunna of hiagur Avely that should be required to be trarisported
to the Portuguesc Possession of Darn~iunshould be absolutely exempted
from al1duties and Taxes, leviable urider al1other circumstances.
3rd. This was observed for a longs~iaceoftime, tiil one of the Marhatta
Chieftains to whom the administration of the Purgunnahs in the neigh-
bourhood of the Government was confided, pretended to elude that
article with fictitious interpretationswhich on this Government making
known to the Paishwa oi Poona, Eajy Kow Ragoonatli, he immediately
ratified thesaid Treaty and granted a sunnud, of which Your Excellency
will find the enclosed to be a copy, in order that the said Chieftain should
not only recognise the existence of this article, butthat he should not in

future raise other doubts in that respect.
4th. After some tinie it happened t.hat one of the hlarl-iatta Cliieftains
entered into a convention with the Ciovernment of this Place and City
that to obviate al1 kjnds of doubts and misunderstandings in regard to
the articles of production of the Purgunna of Nagar AveIy tiiat should be
imported for the consurnption ofthis City. it was convenient thai the said
Articles and their qualities shouId be specified in a Certificate under the
Seal and Signature of the Governor, in wkich he agreed, and the same
has been practised ever since. This arrangement however brought with it
subsequently some disappointrnents against thePetty Farmers and other
common people, some of whom cultivating certain portion of lands in the
said Purgunnali of Nagur Avely aiid others proceeding to the said296 ANNEXES TO PRELIMINARY OBJECTIOK (C NO. 33)
Purgunna for the purpose of providing themselves by purchases with
the necessary articles of life, or of Timber for the building and re-erection

of their Houses, it waç not vcry easy for thern to obtaiii from the Govern-
ment the said Certificate under its Scal and Signature, the warit of which
subjected them to the yayment of duties and Taxes on their transit
through the Marhatta Villages, and in this manner it haypened that the
entire exemption of thosc duties and Taxes upon al1 Articles of pro-
duction of the Purgunnah of Nagur llvely importing into the Portuguese
possession of Damaun, has been eiuded, and only rescrved 011 those few
cirticles importing with the abovc-mentioned Certificate sealed and
signed hy this Government.
5th. On entering into an enquiry of this inconvenience felt by a great
portion of the Inhnbitants of this City, the Government of which was
confided to me by my sovereign, Iintended to remove it by new arrange-
ments with the hlarhatta Chiefs, my neighbours, but in consequence of

al1 the Marhatta Possessions having in the same year, been transferred
to the Hon'ble English East India Company, my intent was frustrated,
and flattering myself however that 1had happily to deal on the subject
with an Euroyean nation, as my own, and allied to the Crown of the
United Kingdorn of Portugal by the strongest ties of arnity, and while
supported in this consideration and as preparinq to lay the subject before
I'our Excellency ...1 find myself compelled to hasten this step and to
represent at the same time to l'our Excellency that the present Farmers
of duties and Taxes established in the Purgunnah of Naer Sanjane and
Colona Pawary not only pretend to levy duties and Taxes on al1articles
exporting into this City from the Purgunna of Nagar Avely, without
exempting any article there from, however trifling they may be, but thcy
even refuse to exempt those very articles which by Certificates Sealed
and Signed by this Government appear to corne for the consurnption of
this City.

6th. Therefore, it is my duty to appeal to Your Excellency for the
faithful observance of the above-mentioned articles, exempting from
duties and other Taxes al1 articles and Tirnbers that may be exported
from the Purgunna of Nagur Avely to this City and Garrison of Damaun
by land or Riifers, wliich I recjrrestrnay be canfirmed without hesitation,
as it is notorious that the wise sytem of the English Government does
not innovate any practice that has been established by the latc Marhatta
Government much less infringe on the Treaties concluded between that
Asiatic Government and an European Nation it's intimate ally, confided
in this certainty, and above al1in the Justice of this case, 1 request an
early decision from i'our Excellency by removing the present doubt or
misunderstanding of the said receivers of duties and Taxes which will
afford me a fiirther motive for augmenting the respect and conrideration
with wliich 1 have the honour to be

Your Excellency's hliich

Obliged and Obedient Servt.
(Signe.) 11Iegible.
Daman,
Govcrnmcnt House.
11th Xov., 1818. AKNEXES TO PRELIIIIKARP OBjECTIOX (C KO. 33) 297

Translated Co+y of aIctteï fromHis HighqfiessBajee Rao RagoonczthBothc
K~~mauishdarsand O@cers oftheCustoms i?zthedistriciof Bnssei~z

The Portuguese Government of Goa obtained the Purgunna rifNager
Huvelee in the said district from this Government, for the support of the
Garrison of Damaun, and altho' that nation have, for a length oftime
been in the habit of conveying Grain. teak, timber, etc., from tlience to
Damaun, both by Sea and land, you have lately harassed them ori the
score of Customs, and they have in consequence made a representation
to Government on the subject,in view to which this Ietter is now written
to desire thrit you will allow the Poi:tuguese at Goa, to carry Grain,
Teak, Timbers etc. from the saidPurgunna toDamaun, both by land and
sea, without let or hindrance on account of Customs-Dated the 26th
ZiIkaad Anno Soorsun Tisa Tisyn My;in Ouluf (A.D. 1798199)-

A True Translation.
(Signed) Illegihlc.

Page No. 19.

This Copy is extracted from the Original Sunnud which is found in
the Archives of this Government whicli Icertify, and to i1 refer Sadoba
Naroba Interpreter of Asiatic languages and characters of the said
Government, and I have written this and Signed by order of the Most
Illustrious Governor of this Garrisonand City-Damaun 11th Nolr., 1818.

PAGENo. SI
Cons. 16th Deccmber, 1818.

To,
The Collector in the Northcrn Concan

Sir,

ln transrnitting to you the accompanying copy of a letter from the
Governor ofDamauri of the 11th of last month with it's accompaniments,
1convey the instructions of the Right Hon'ble the Govcrnor in Council,
that you wilI report the practice, whicli has hitherto prevailed, in respect298 .-INNEXES TO FRELlhIINrIRY OBJECTIOY (C NO. 33)
to the exports from the Purgunna of Nugar Avely to Damaiin and, the
probable amount of the Duties and Taxes Collected on such Exports.

1 have the honour to be etc.
(Sigwd) Illegible,
Secretary to Government.

Bombay Castle,
11th December, 1818.

Political .Department.

John Adam Esquire,

Chief Secretary to the Supreme Government at Fort William,

Sir,
I am directed by the Right Hon'ble the Governor in Council to
request you will Iay before His ExceiIency the Most Noble the Governor
General in Council, the accornpanying copy ofa letter from the Governor
of Damaun dated the 11th of last month with its accompaniments,
soliciting the exemption from duty of al1 articles the produce of the
Purgunna of Nagur Avely in the Northern Concan, which may pass
through the British territory, for the consumption of that city.

2nd. The Purgunna isrepresented b$ His Excellency to have been
ceded by Treaty to the Portuguese by the Poona Govcrnment in the
year 1780,and the exemption is clairned under a further stipulation in
the same Treaty, but subsequently modified by an arrangement with the
local Marhatta authorities under which al1articles to be exempted, have
been specified in Certificatesfrom the G~vernor previously to their
heing allowed to pass free of duties.

3rd. This arrangement the Governor of Daman rcquests may be
superseded as attended with inconveniences; and that the original
stipulation in the Treaty may be observed.

4th. In reference to the accompanying report from the Collector in the
Northern Concan on the subject, you will be pleased to acquaint His
Lordship in Council that however trifling the remission on the duties
collected on articles which do not bear the,GovernorJs Certificate rnay
be-the Governor in Council has not thought himself justified in granting
what may increase hereafter to a considerable extent, deeming italso
previously necessary to consult Hiç Lordship in Council on al1 such
arrangements with Foreign European Nations.

5th. The plea set up by the Governor that the concession was originally
made by the Poona Govemrnent appears to the Governor in Council to
be entitled to little weight : and it is considarquestion of Policy alone ANNEXES TO PRELIMINARY OBJECTION (C NO. 33) 299
which it is deemed advisable to refe-rto the decision ofHis Lordship in
Council.

I have the honour to be,
Sir,

Your most ohedient,
humble servant,

Bombay Castle,
31st Decembei 1818.

To
W. Newnham Esquire,
Acting ~hief Secretary LOGovt,
Bombay.
Political Department.
sir,

I am directedto reply to Mr. Warden's Despatch of the 31st December
addressed to Mr. Adam, respecting ailapplication from the Governor of
Darnaun, for the exemption of duties on al1 Articles,the produce of
Nagur Avely, proceeding through our Tenitories to Damaun.
2. Hiç Exccllency the Governor General in Council does not see any
sufficient reasons, oa Political nature, to require a deviation from the
practice hitherto pursued, and requests that His Excellency the Governor

in Council will decide on the application of the Govemorof Damaim with
reference to local Enpediency alone.
3, The report from the ColIector of Northern Concan adverted to in
~r. Warden's letter did not reach thij Preçidency.

T have the honour to be
Sir,
Your Most Obedient Humble Servant,

. (Signed) IlIegible,
Secretary to the Government.
Fort William,
6th Feb., 1819.30° ANNEXES TO PRELIlIINARPOBJECTIOK (C KO. 33)

Francis Warden, Esq.,

Chief Secretary to Government.

Sir,
1st.1 have had the honour of receiving your letter of the 16th of
last month, enclosing the translation ofan address from the Governor of
Daman, and requesting in reply you will do me the favour of acquainting
the Right Hon'ble the Governor in Council that no interruption has been
offered by my people in the Pargana of Bugwara (or as itis sometimes
called Kulon Powary) to the privileges, heretofore enjoyed by the
Portuguese Government and persons holding jagirs in the Pargana of
Daman, of carrying what they require for their own use from the Pargana
of Nagar Haveli of any chowki duties under the usual passes from the
Governor. The Pargana of Nair Sojam alluded to in the Governor of
Daman's letter, 1take leave to notice, isunder the Collector of Northern

Konkan.
2nd. 1 find it will not be in rny power to furnish the information
required in your letter of the probable aniount of the duties and taxes
which would have been claimable, from the circumstance before stated
of none having been levied-and consequently no account has been
kept of their exports. These exports, however, consist principally of
firewood, hay, grain, oil and occasionally timber, but the amount 1
am assured is very trifling.
3rd. On the occasion of replying to the Governor of Daman's letter I
would take the liberty of suggesting that the privilege which is also
sirnilarly enjoyedby the subjects of our Pargana of Bugwara of carry-
ing articles for their own use, vouched by a note from the Tannahdar,
from the districts of Nagar Haveli free of any duties may iie continued
to them by the Portuguese Govemment.

1 have etc.
(Signed) J. ~~~ORRISOPI'.
Collector
Surat Collecter'sOffice.
The 14th April, 1819.

The Worshipful D. Jose M. de Castro e Almeida,

Governor of Darnaun.

Worshipful Sir,
1st. I have had the honor of receiving your Worship's despatch of the
11th of hrovember last, wherein you are pleased to request that orders AXNEXES TO PRELIbI1NAI:Y ORJECTIOX (C KO. 33)
301
rnay be given for exempting from the payment of duties al1 articles the
produce of the Purgunnah of Nagur Aveli inthe Northern Concan, which
rnay pass through the British Territories for the consumption of the city
of Damaun, a privilege which had been granted under a Treaty concluded
by the Governor General ai Goa with the Poona Government in the year
1780, subsequently modified under an arrangement with the local
Marhatta authorities, by which al1articles to be exempted would appear

to have been specified in certificatcis from the Governor of Damaun
previously to their being allowed to FaSSfree of duties. This modification
however your Wnrship solicits may be superseded, as attended with
inconvenience, ancl that the original stipulation in the Treaty rnay be
observed.
2nd. 1 regret that any delay should have takeii place in replying to
your Worshiy's application, a circurnstance which however lias been
unavoidable in consequence of the enquiries which it became my duty
to institute or1the subject, and1 have now the satisfaction of acquaint-
ing your Worship that your wisheç will be complied with under an
expectation that such Kegulations will be established by your Worship
as rnay be effectua1 for preventing any other articles than such as are
bona fide the growth and produce of the Purgunnah of Nagur Avely and
intended for the use of Damaun heing clandestinely introduced within
the limits of your authority.

3rd. Should the signing of these certificates be attended with any
persona1 trouble to your iVorship, no objection will be made to your
confiding the execution of that duty to one of the public officers of your
Government; but it will be necessary 1should be apprized ofthe oficial
designation of the officer to whom such duty rnay be so confided. 1 beg
alsoto recommend that the certificates be given in the Marhatta as weil
as the Portuguese language few of the Revenue Officers in the Concan
being acquainted mith the last mentioned language.
4th. It is understood that a simiIar privilege has been invariably see 7th.
enjoyed by the Inhabitants of the Piirgunna of Bugwara, of conveying
articles for the consumption from the district of Nuggur Huvelie into
Bugwara under a note signed by tht: Tannadar and of that Purgunna
now beIongs to that Government. It ishoped that your llrorship will

authorize the continuance of this priviIege on its present footing.
5th. To guard against any abuse of the Revenue Laws of either the
British or Portuguese Governments your Worship will not 1 am persua-
ded have any objection to the local Revenue Officers being vested with
the power of examining any packages on their transit whenever they
rnay have reasonable ground for suspecting that contraband goods rnay
be contained in such packages.
6th. By the reports which have been received from the Officers of
this Government to whom your Woiship's application had been com-
municated I have been informed that no irnpediment has been offered to

the conveyance to Damaun of the productions of Nagilr Avely free of
duties on the production of your Worship's certificates,and 1 am there-
fore ledto doubt the correctness of the information which your Worship
has received to a contrary effect.
7th. It will be necessary Ishould explain to your Worship that on This should be
the cession of the Northern Concan by the late Peshwa to the British ;%Araeh,
21302 ANNEXES TO PRELI3PINARE7 OBJECTION (C NO. 33)

Governrne~it no communication was made to it of any reservation of
privileges to the Portuguese Government; and it consequently follows
that any exemption which has been so granted could not be considered
in any degree binding on the British authorities but considering the
amicable relations which happily subsist between the two Governments
your Worship may readily believe that a disposition existto guard your
wishes at al1 times whenever it csn be done consistently with a due
attention to the interests of my Hon'ble employers.

Worshipful Sir,
Your most obedient, humble servant,
Bombay Castle.
1st May, 1819.

PAGE No. 49 to57
To,

The Most Illustrious and Excellent
Sir Evan Nepean Baronet,
ETC.

Most IlIustrious 6rExcellent Sir,

On the 25th Instant I had the honour of recciving Your Excellency's
letter of the 1st of May in reply to mine of the 11th of November last
and beg in the first instance to thank Your Excellency for the kind
disposition with which you wish to comply with the reqilisitions I
submitted to Your Excellency's consideration and decision in my afore-
said dispatch notwithstanding that the Paishwa has made no communi-
cation to the British Government, on the cession of the Territories to the
Northward of the Conkan, relative to the privileges allowed to the
Portuguese Government, to whom therefore they would not be guaran-
teed by the British authority,were not the consideration of îhc friendly
relation happily subsistingbetween the Goï,ernrnent more pou~erfulthan
tliat principle; and in the second beg to assure Your Exceilency that very
great would be my surprize that the Paishwa had kept silence on the
subject of a Treaty concluded with the Portuguese Government under
al1 convenient authenticity and regularity of which the long quiet and
peaceful possession of the Purgunnaha of Nagur Avely by the crown of
Portugal is an incontestable proof if1 did not recollect that an Asiatic
power is al~vaysliable to such foregetfulnesses when treating of comply-
ing with or defining Treaties or negotiations concerted with European
Powers, with whom they never act on good faith, and 1 ain persuaded
that of the truthof this assertionyou wiii more than once have satisfied
yourself.

2nd. Laying therefore aside the arguments which notwithstanding
this silence might convince Your Excellency of the justness of my pre-
tension to the required observance of the articleofthe Treaty by which
the Purgunnah of Nagar Avely was transferred to the I'ortuguese
possession, sinqe Your Excellency has so generously been pleased to AKKEXES TO FRELIJIIPTARY OBJECTION (C NO. 33)
3O4
Inhabitants of the Purgunnah of Baguara shallcontinue to be observed as
before, but 1 must inform Your Excellency that the said privilege is not
general, but limited to Articles of materials for the constructiof their
Houses, and the article relative to the said privileges is as follows.
"The Inhabitants of the Purgunnah ofColona Pawvaryare accustomed
to go in search of materials for the construction of their House aiid for the

necessary supply of fuelduring the rains, to the Districts ofthe Purgunnah
of Nagar ilvely, anddo not pay duties on the said articles-This practice
the Portuguese willcontinue to observe and thegr \vil1also nol demand
duties on any Articles intended for the Fort situated in the same Pur-
gunnah of Nagar Avely."
To prevent, however, the introduction of abuses into this privilege,
Your Excellency will have the goodness to order the Officers entrusted
with the administration of the said Purgunnah of Bagvara to furnish the
Inhabitants ofthat place with Certificates that the Articles they go in
search for to the Purgunnah of Nagar Avely are actually required for the
construction or use of their own and respective Houses in order that
such Articles only may be aliowed to be taken away from that District
free of duties, andYour Excellency will be pleased to furnish witii the
names of the Officers who may be authorized by Your Government to
exercise such authority in order that the same may be made known to
the Officers of this Government in the District of Nagar Avely.
1 have the lionour to be with the highest consideration and respect,

Your Excellency's most obliged,
Obedient & Humble Servant ;

Government House Daman, (Signed) Illegible.
30th May, 1819.

The Worshipful Sir D. Jose Maria de Castro e ~lmeidà,
Governor of Damaun ;

Worshipful Sir,

1st. 1 have the honor of receiving your Worship's letter dated the
30th of last month, with its enclosure. It is very gratifying to this Govern-
ment to observe that the concession which has been made to the Portu-
guese Government has been gratifying to your Worship, and your
intention of prevetlting any abuse of that concession cannot be more
strongly manifested than by the determination you have formed of
affixing your own signature to the certificates.

and. \Vith respect to the form of the certificate to be granted by
your Worship 1 have taken the liberty of submitting an addition,
annexed to a translation of the original,whic1 have the honor to return.
3rd. With that addition which would appear to me to be desirable
it willconceive answer every purpose for which it is required, and it will ANXEXES TO PRELIMINARY OBJECTION (C NO. 33) 3O5
not be necessary that it should be written in any other than the Marhatta
language, as that language will no doubt be understood by the perçons
into whose hands the certificates may be likely to fall.

4th. Since yourWorship has so positively asçerted thatthe information
1 had received of proper attention having been paid to your certificates
is unfounded, Ishall not hesitate in giving full credit to your statement,
and the officers, who, as your Worship informs me, have received the
duties, will immediately be called upon to render an account of their
proceedings, particularly those in tlie Purgunnah of Nair Sanjane (under
the authority of the Collector in the Northern Concan) who will be
effectually prevented from offering a.nyobstructions, which your Worship
represents to be stiI1existing.
5th. The, mode of continuing the privilege hitherto enjoyed by the
Tnhabitants of Buevara who may Iiave occasion to procure material for

building their Houses, and supplies of fuel during the Rains from the
Purgunnah of Napr Havelle, as proposed by your Worship, appears to be
sufficientin point of fom, and instructions willbe given to the officers
in Bugwara by the Collector at Surat, under whom that Purgannah is
placed, to furnish certificates in the terms suggested, to the persons who
may be desirous of taking the advantage of this privilege, as also, to
furnish your officerswith the names of the perçons who may be authorized
to sign such certificates.
1 have the honor to be, Worshipful Sir,
Your most obedient,
humble servant ;

Bombay Castle,
18th June, 18rg.

Read the following lettefrom the Collectorut SuratloMY. Secvetrrrl-
Henderson dated the 20thSeptember with ewclosure:-

Sir,

1st.I have been prevented replying to Your letter of tlie 3rd of
last montb by the delay occasioned in the arriva1 of the Karnavisdar
from Bagwarra whom 1 had ordered into Surat for the purpose of ques-
tioning as to the Complaints preferred bythe Governor of Damaun.
2nd. The Kamavisdar declares that Duties are not due on Timber,
Grain, Hay, Firewood, or other articles belonging to the Porfuguese
Government and produced in their ILurgunnah of Wuggar Havelee or else
where, when accompanied by a note from the Governor of Da~naun and
that articles belonging to Jaghiredars, under Damaun are similarly
exempted from Duties according to which Custom, and the orders
formerly issued to him by me, he declares that he has ever since con-
ducted himself, and that no Chowkee Duties have beeri claimed by him. ANNEXES TO PRELIMINARY OBJECTION (C NO. 33)
306
3rd. 1 have renewed these orders in writing of which 1beg leave to
enclose a copy and translation with the view of a Transcript of the
former being sent if such should be the pleasure of Government to the
Governor of Damaun who should be requested to be attentive to the
part which refers toour subjects being allowed to bring away the articles
specified from Nuggur Havelee free of any expense, and which was
acknowledged to be their right by the former Governor of Damaun in his
letter to Sir Evan Nepean of the 30th of May last year, but to which it is
reported to me there has been some objection of late.

4th. These orders will I hope prevent possibility of any future com-
plaints either by the Portuguese Government or the Hon'ble company's
subjects ofBugwarra as far as my Department is concerned.
1 have the honor to be etc.
{Signed) Illegible,
Collector
Surat

Collector's Office
the zcth Sept., 1820.

Translation of an orderfrom the Collectorof Surnt to theKamavisdar of
Bugwarra dafed the 20thof Sept., r8zo.Correspondingwith the
13th Bhadurwa,1876.

Order were formerly given, and they are now repeated, that Timber,
Grain, Hay, Firewood, and other articles belonging to the Portuguese
Government and produced in the Purgunnah of Nuggar Havclee as well
as other places are to pass the Chowkee of Bagwarrs free of al1 Charges
on anote being produced from the Governor of Demaun, or any person
authorized by him.
2nd. The Jaghiredars of the villages of Winkoore and Dhabel, under
Demaun are also allowed to pass al1articles of their own free of Uuties.

3rd. The Ryots of Rugwarra carry articles for the construction of their
Houses frorn Nuggar Havelee without being charged any thing by the
Portuguese Government on producing a note from the Tannah of Bug-
warra which yrivilege is continued to them by the authorities ai Demaun,
so that you will grant such of the company's Ryot's as may bring of the
above description a note as heretofore under the Tannah Seal, which
will exempt them from Dulies by the Portuguese Government. Let these
orders be strictly attended to.

(True Translation.)
(Signed) J. MORISON,

Collector.
Minutes Ordered that the subject of the Foreign Power
10th Oct., 1820 preceding papers lieover for con- European.-To
sideration until Mr. Marriott's lie over for con-
reply be aIso received. sideration until
Mr. Marriott's

reply be also
received.- ANNEXES TO PRELIMINARY OBJECTION (C KO. 33)
:j07

The Most Illuçtrious and Excellent
The Hon'ble RI.Elphinstone,

President and Governor,
Bombay.

Most Excellent Sir,
It will giveme much pIeasure tci know that Your Excellency enjoys
good health, the continuance of which God grant you for rnany yearç.

Having examined the records of Secretary's Ofnceof this Government
1 have found amongst them some letters addressed by my Predecessors
De Joze Maria de Castro, and D.Lourenco de Noronha to the Bombay
Government by the former to Your Excellency's Yredecessor rinderdate
the 11th November, 1818, and by the latter to your Excellency dated the
28th of April 1820 regarding the exemption of duties collected by the
Custom Hotise Officersof the British Government in the Purgunnahs of
Naer and Sajane, contiguous to the Pergunah of Nagar Avely, belonging
to this Government in the same manner as practised previously to the
Country having corne under the British authority in the transit of articles
imported for the use of the Inhabitants of this place1 had at the same
time the satisfaction to see an answer from Your Excellency to
D. Lourenco de Noronha dated 5th ofAugust 1820 on the subject iwhich
you promised to make the necessary enquiries and to communicate the
result to him, butas nothing further has been done asyet and the Custom
House Officers of the British Territory continue to exact duties as before,
even on articles imported for the public serviceof this Garrison, 1 find
myself under the necessity of requesting Your Excellency to take this
subject, so important tothe interes.t of the Inhabitanof thiç place into
Your consideration, and order whatever you may think propcr, for which
1 shali have to thank Your Excellency, and 1 am sure you will condes-
cend to accede to so just a daim, and afford me another proof of the
justice of Your Government.

I beg to assure Your Excellency that I shall always be happy to do
any thing which may require from me.
And 1 have the honour to remain with the highest consideration and
respect.
Your Excellencv's Most Humble Servant,

(Sipod) Illegible.
Darnaun,
9th June, 1823. ANNEXES TO PRELIMINARY OBJECTIOK (C h.0.33)
308

Minute by the Governor,

The Governor of Damaun's last letter to be sent to the Collectors
of Surat and the Northern Concan with an observation, that as the
resolutions formerly adopted were favorable to the Government of
Damaun the Governor in Council conceives that any cause of cornplaint
which rnay now exist must be owing to some mistake on the part of the
Camavisdars, and that he requests it may be enquired into.

BOMBAY REVENUE DEPARTMENT

Vol. 108 of 1824. Page 353-355

Hon'ble Sir,
The Inhabitants of this place have represented to me that every
description of Provisions, Cattle, hay etc. the produce of the Territories
of the British Government, were detained at the four chokeys of the '
British Government situated in the districts of Nana, Calion, Bamabays
and Salsette to the southward, and were prevented coming to this place.
This prohibition, it appears, was usual every year during the time of
collecting the Revenues and used to be soon removed, and permission

given to bring them to this place. This year, however, the prohibition
still continues, notwithstanding that the Revenues have long been paid.
The same prohibition exists at the chokey's to the Northward under the
jurisdiction of Surat. This circumstance and the want of rains last
season caused a scarcity of provisions and induced my predecessor to
reserve in public grananes al1the rice in the hands of the Merchants of
this place, with the view of distributing it to the inhabitants.
The inhabitants have also represented to me that the provisions,
cattle etc. coming to this place from the Districts belonginof provisions
to this Government situated in the British Territories are and have
been for some time subjected to the payment of certain duties.
Under these circumstances 1 request that in consideration of the
indissolubIe ties which unite the two Crowns, your Excellency will l~e
pleased to order the rernoval of the prohibition to the transit to this
place,and the abolition of the duties collected on articles coming to this
place from the districts above alluded to.
1beg to assure Your Excellency that orders have been given to remove
the prohibition to the transit of provisions from the Parganainquestion
tothe British Territories and for not collecting duties on provisions going
thro' the districts under this Government from one British District to
another.

I trust that, for the reasons I have stated, your Excellency will be
pleased to accede to my request in behalf of the inhabitants of this place, .4h:NEXËS TU PRELIMIXARY OBJECTION (C XO. 33) 3O9

and 1 shall consider ita very particular favour conferred onme. God
preserve your Excellency for many years. Daman, 13 of December 1824.

(Signeci)Iatio JoséDA SILVA VIEIRA.
To-
The Hon'ble M. Elphinstone,
Governor of Bombay.

BOXBAY REVENUE DEPARTMENT

Vol. 108 of1824, page 356.

It certainly seems very impolitic: to jnterruptthe communications
with a sea-port at a time when sc;lrcity is apprehended. It is also, 1
believe, contrary to the orders of Government relating to the scarcity.
The Collector may be required to report on this prohibition and on the
exemption of duties with as little delay as possible. If the interruption
of communications with Damaun be (as 1 believe it is), contrary to the
former orders, it ought to be removed.

(Initildled)Illegible.

BOMBAY REVENUE DEPARTMENT

Vol.22/132 of 1825

Page No. 479-482

No. 5of 1825

Territorial Department.
Revenue.
To
Gilbert XIoreEsq.,

Acting Secretary to Government, Bombay.

Sir,
I have the honor to acknowledge the receipt of your lettcr dated NorthConcan.
jrst December 1824, forwarding copy translation of a letter from theDamaun.
Governor of Damaun, and desiring Ine to report with as littie delay as
possible,on the prohibition said to have been laid on the Export of
provisionsto the Portuguese Territories,and on the duties levied on the
produce of the Portuguese Districts situated within the British Terri-
tories.
With reference to the paragraph of the letter, regarding the prohibi-
tion laid in thExport of provisions,1beg to acquaint the Ho~i'blethe
Governor in Council, that an order prohibitingthe exportation of grain3IO ANNEXES TO PRELIMINARY OBJECTION (C NO. 33)
was issued by the late CollectorMr. Cherry conformably to the order of
Governor dated 30th September 1824, forbidding "the exportation of

grain from your District to foreign Countries, or "districts,where a
sirnilar prohibition" may exiçt against exportation to the British Tern-
tories".
1 beg to inform the Ron'ble the Governor in Council that al1 goods,
excepting those under the scal and signature of the Governor of Damaun,
belonging to merchants coming from Naggar Haveli to Damaun and vice
versa, and passing thro' the British Territories, are subject to duties as
heretofore. The transit dutieson cattle were abolished by Government
order dated 13th February 1823.
The very general nature ofthe cornplaintin the 2nd Paragraph of the
letterfrom the Goventor of Damaun, that thc inhabitants of Damaun
have been subjected to payment of certain duties on their goods fram
Naggar Haveli to Damaun, obligesme to state in a general manner, that
from enquiries which 1 have made 1 cannot learn that any cluties have
been collected which have not been sanctioned by Customs.
1have the honor to be Sir,
Your most obedient and humble servant.

(Signed)
Acting Collector.
Tannah.
Northern Concan,
Collecter's Office

21st Jan., 1825.

BOMBAY REVENUEDEPARTMENT

Vol.22/132 of 1825. Page No. 487-88

No. 188 of 1825
Terr. Dept,
Revenue.
Copied.

Governor of Darnaun
1 have the honor to receive your letter dated 13th of December last
cornplaining that a prohibition had been laid on the export of provisions
from the British Territories to Damaun, and that duties had been levied
on the produce of the Districts belonging to your Government situated
within the British temtories.

2nd. In repIy to the first poin1,have the honor to infor~n you that
the prohibition arose fromastanding order of this government that such
a measure should be adopted with regard to al1 the places where a
similar prohibition extended against exportation to the British territories
but orders have been given forits removal as your Lordship çtates that
the prohibition has ceased at Darnaun.
3rd. In regard to the second point, I have not been able to discover
that any such duties have been levied on the produce of the Damaun ANNEXES TO PRELIMINAKY OBJECTION (C NO. 33)
311
territory but if you will have the goodness to state the dutitowhich
you alIude, 1 wi11cause further enquiry tbemade inthe subject.
1am etc.
(Sign~d) Illegible.
Bombay Castle,

31st January, 1825.

BOMBAY REVENUE DEPARTMENT

Vol.221132 of 1825. Page NO. 495-95

No. 34" of 1825
Territorial Departmerit,

Revenue.
To
The Governor of Damaun.

Sir,
1 had the honor to address you on the 31st of last month in reply
to your letter of 13th Decernber regarding the restrictions which had been
placed on the export of provisions from the British territories to Damaun.
I have since been informed that British subjectç are still prohibited from
exporting grain from the Territories imder your Government, and as this
probably arises from some mistake cinthe part of your officers1have
been induced to cominunicate the circumstance to you in order that
you may adopt such measures as may appear to you to be advisable.
1 have the honor to be

(Signedj M. ELPHINSTONE.
Bombay Castle.
zznd February, 1825.

BOMBAY REVENUE DEPARTMENT

Vol. zz/132 of1825. Page Nol 513-14

No. 467 ci1825

Territorial Department,
Revenue.

The Worshipful Senhor Juliao Jose de Silva Vieira, Governor of
Damaun.

\,Vorshipful Sir,
1 have the ,honour to acknowledge the receipt of your Ihrorship's
letterof the 28th Ultimo informing me that the continuance of the
prohibition to export grain fro~n the Portuguese territory must have
arisen frommistake which you had taken means to correct. At nearly thesame time, 1had the pleasure of receiving information from the Collector
in the Northern Concan that the prohibition against exporting grain
which had existed in the Territories under Your Worship's Govemment
had been withdrawn, and that the local officer acting under the orders

alluded to inmy Iast letter had discontinued the prohibitionon the part
of the British Government, to the export of Grain into the Territories
of His Most Faithful Majesty.
1 have the honour to be
\I7orshjpful Sir,
Your most obedient
Humble Servant.
Bombay Castle,

16th March, 182j.

BONBAY REVENUE DEP-4RTMENT

Vol.ZZ/I~Z of182 j. Page No. 593-94

Territorial Department,
Revenue.

Gilbert More Esquire,
Acting Secretary to Government,
Bombay.

Sir,

1 have the honor to acknowledge the receipt of Your letter of
31st December 1524 with itsenclosure Translation of a letter£rom the
Governor of Damaun, and to state, that 1 have made particular enquiry,
but cannot find that any prohibition on the export of provisions exists.

2. 1 am informed however that before the last fa11of rain, the Ryuts
of Coonta a village of ours near Demaun, made a cornplaint to the
Comavisdar of Bugwara, that when they went into Damaun to sel1gass,
wood, or the like and stoad in need of grain for their dinner there, they
were not allowed to purchase it. On this the Comavisdar and hlujmoodar
took upon them, to order the Havaldars of our villages not to allow
any grain to be taken to Damaun. But when the rain fell the prohibition
was removed.
3. The amount of Duties levied on the produce of Nuggar Havely
carried to Damaun was in 182zj23 Rs. 2,392.2.21. TWOthousand three
hundred ninety two, two quarters and twenty one reas. This is the last
year to which the accounts are made up, and the above is about the

annual produce of these duties, which are aç ancient, as the concession
of thePurgunnah & rendered that Mahratta grant so much less valuable.
4. There is very little trade from one British District to another .
through the Damaun territory, and none at al1 in provisions; but on ASBENES TO PRELIhIIXARY OBJECTIOS (C SO. 33)
3I3
bettle leaf brought from the Conkan duties are levied in the Damaun
territory.

1have the honor to be
Sir,
I'our most obedient servant,
(Sig#zed}IllegibIe.
Omersarry

Damaun

11th January, 182j. --

ISZ~~.

Rev. Consult No. 3.

Surat Collector.
From reporting on cornplaint of tlie Governor of Damaun of a pro-
hibition on the csport of provisions to that place.

BOMBAY REVENUE DEPARTMENT

Vol. 29/496 of 1833.Page No. 242 to 247
To :

His Escellericy,
Senhor Juliao Jose de Silva Vieira, Goverrior Etc. Etc. Etc.
Damaun.

Most Illustrious Sir,

It has corne to niy notice by the application of the Acting Collector
of Sea Custorns in Guzerat that a parce1 of Teakwood belonging to a
merchant of Bellemora waç forcibly carried off from Putullia Bunder by
a Tindal and about IOO fishermen belonging to 'Irour Excellency's
Government, without obtaining the usual pass note, and paying the
regular duties, the undoubted right of the British Goverriment; whereby
a loss has been sustained of about 78 liupees.I thereforehave the honor
torequest Yoiir Excellency will be pleased to adopt such measures as
to Your Excellency appear just and proper.
. I have the honor to enclose copies of a Report of the manager of the
Sea and Land Customs in Bulsar and Rugwara, with it's enclosure, for
Your Excellency's information.
1ha1.e the honor to be etc.
(Stgjzed)\V. J. LUMSDI<N,
A.G.

Surat Office of Agent
for the Right Hon'ble
the Governor
12th July, 1533. -4NNEXES 'TO PRELIMINARY OBJECTION (C NO. 33)
3I4

The Illustrious
W. J. Lumsden Esquire,
Yolitical Agent of the Governor,
at Surat.

Illustrious Sir,

In replying Your Worship's letter of the rztli Instant1beg to acquaint
you that, whenever any Goods are brought into this Town belonging
to the King tl-iro'the Hon'ble company's Ckiowkiesadjoining to Damaun,
no duties are paicl for them; neither do wc charge any duties on the
Goods belonging to the Hon'ble Company when they are carried thro'
our Chowkies: It is an ancient agreement of which Your Worship must
have notice.-
The Timber of which Your Worship makes mention in the letter,
was purchased at Patalia, for the use of a Frigate of His Faithful alajesty,
now building in this Town; to load on boats and bring the said timber
to Damaun, 1 had sent a sufficient number of fishermen, but not arrned
people, and there no one hindered taking away the timber, or else one
armed sepoy would have been suficient to repuIse double the niirnber of
these fishermen-As soon as this timber was brought here, the Inter-
preter of this Government wrote to the Carkoon of Ruzwara informing
hirn that the said timber was for the use of His Faithful Majesty, but
that letter is not mentioned (or is not) in the roll of paper YouWorship
sent to me, as the whole expressed in it, is entirely false, and being of no.
use 1 beg to return.
Your worship wi1lbe pleased to cause an enquiry to be made in the
neighbouring Chowkies of Damaun, belonging to the Hon'ble Company,
if any cluty is paid, when the Goods of the King are brought into this
Town-It is not the custom to send in the firstinstance a pass note in
gentoo language with the Royal Seal, declaring that the Goods belong

to the King but aftcr the çaid Goods are imported into this Town, the
above fact is certified; Your Worship ought to have examii-ied, before
writing so much upon a trifling business.-
Ifin future, the neighbouring Chowkidars of the Hon'ble Company
exact any duties upon the Goods imported iiito this Town on the King's
account thro' their Choirrkies, similar duties will be exacted when the
Hon'ble Company's Goods pass thro' the Damaun Chowket:~ but this
becomes an innovation which 1,nor Your U'orship, are authorized to prac-
tice, but ought to bc decided by superior authority;but as Your Worship
sheu7s the enormous defalcation the Hon'ble Company harl of duties
amounting to 78 Rupces, Your Worship may wish to be paid for the
Timber imported here for the use of His Faithful Majesty, as the King
My Lord does not wish, an his account, his allies should suffer any
prejudice in their interests,1 herein enclose a Hundie for 78 Rupees
payable at sight which amount 1hope Your Worship will Iieep in deposit
until it be legally decidedif 1am to pay duties for this timber.
1have the honor to be etc.,
(Signed) Illegible.
Fort of Damaun

19th July, 1833. True Copies.
(Sigtzed) W. J. LUMSDEN.
A.G. W. J. Lumsden, Esquire,
Agent for the Right Hon'ble the Governor,
Surat.

Sir,
Before entering more at length into a consideration of the letter frorn
the Governor of Damaun, dated the 19th instant, copy whereof accom-
panied Your's to me of yesterday. 1 take the libertyof enquiring whether
His ExcelIency is correct in the surmise offered at the conclusion of the
1st paragraph of hi5 address, touchiiig your knowledge of the existence
of the right of the Yortuguese Government to pass its own Goods free
of Duties through the British possei;sions-.no such Right is known in
this Department.

Ihave the honor to be etc.,
(Signed) J. H. PEI-LY,
Actg. COU.of Customs.
Surat,
25thJuly, 1833. --

To

J. H. Pelly, Esquire,
Actg. Collecter of Customs in Gujerat,
Surat.

Sir,

I have the honor to acknowledge the receipt of your letter of the
25th Instant, enquiring whether His Excellency the Governor of Damaun
is right in his surmise touching my knowledge of the existence of the
right of the Portuguese Government, to pass their own Goods free of
duties through the British Possessions, and to state that a search of the
Agency records has not discovered any information on the subject; and
on which, it so happens that 1 am quite uninformed and at a lossto
understand the grounds of the claini of right rzIluded to in so general
terms, by His Excellency.
1have the honor to be etc.
(Signecl) W. J. LUMSDEN.
Surat Officeof Agent
to the Right Hon'ble
Governo],, 27th July, 1833.316 AXXEXES TO PRELIMINARY OBJECTIOK (C NO. 33)

W. J. Lumsden, Esquire,
Agent for the Right Hon'ble the Governor, Surat.

Sir,

1 have the honor to acknowiedge the receipt of your letter dated
the 27th instant, stating that a search of the agency Records has not
discovered any information on the subject of the claim set up by the
Governor of Damaun to pass His most Christian Majesty's Goods free of
Duties through the British Territories, andthat it so happens that. you
are quite uninformed, and at a loss to understand the grourids of the
claim alluded to in such general Terms by his Excellency.
2. As I have already communicated to you, we find ourselves equaiiy
in the dark in thisDepartment and since the whole affair must ultimately
be submitted to His Lordship in Council, 1 would venture to suggest
that, ifyou would be so obliging asto request His Excellency the Gover-
nor of Damaun to Say on what he founds the daim to exemption which
he has advanced, the whole case might then perhaps go up to Govern-
ment with this preliminary impediment placed in such a position,as to
admit of its being decided on without further references hither.

ihave the honor to be etc.
(Signed) J. H. PELLY,
Actg. Collectorof Customs.
Surat,
29th July, 1833.

IV. J. Lumsden, Esquire,
Agent to the Right Hon'ble the Governor, Surat.

Sir,

In rcference to my letter dated the 29th ultimo, 1 take the liberty
of enquiring, whether you have had any further communication with
His Excellency the Portuguese Governor at Damaun.
1 have the honor to be etc.
(Signed) J. H. PELLY,

Act. Coll. of Customs.
Surat,
24th August, 1833. ANNEXES TO PRELIRIINAKY OBJECTION (C NO. 33)
3I7
To

J. H. Pelly, Esquire,
Acting Collector of Customs, in Guzerat.

Sir,
In reply to your letter of the 24th Instan1,have the honor to inform
you that a letter hasken addressed by me to the Govwnor of Damaun
on the 30th Ultimo, and as soon as an answer is received, 1shall duly
hand you a copy.
1 have the honor to be etc.
(Signedl W. J. LUMSDEN,
A.G.

(True Copies),

(Signed) Iliegible.
Surat Officeof Agent to the
Right Hon'ble Governor,
26th August, 1833.

BOMBAY REVENUE DEPARTMENT

Vol. 291496 ofr833 I1age No. 273 to276
No. Iof 1833.

Territorial Department,
Revenue.
To

L. R. Reid Esquire,
Secretary to Government,
Bombay

Sir,
JVith reference to your letter of 24th ultimo, 1 have the honor to
hand up copies of my communication to the Governor of Damaun dated
the 30th July alluded toin my letter to the Acting Collector of Customs
dated 26th August, and of a letter addressed under the 2nd Instant,
together with the reply of His Excellency.
The encIoçures to this last are on the records of Governmerit asper
margin.

2. On periisal of translation from the Portuguese of this correspon-
dence, and of part of it obtained $rom the records of the Principal
Collector, the subject matter of the concession by Sir Evan Nepean is
Goods and Timber, the produce of the district of Nuggar Huvely, and
more over for the consumption of Damaun and on certificate signed by,
or by authority of the Portuguese Governor.
On the other hand a privilege enjoyed by the Inhabitant of Bugwara
of importing from Nuggar HaveIly free of dutieç timber for building
and fuel, is continued under a modification as to the manner of issuing
certificateas by the latter partof the Governor of Damaun's letter of
the 30th May, 1819m,ay appear.
22 ASNEXES TO PRELIJIINARY OBJECTIOK (C NO. 33)
31~
3. In His Excellency's letter to me of the 19th July, one of the
enclosures to your above despatch, he stated whenever "any goods are
brought into this town belonging to the King thro' the Hon'ble Com-
pany's Chowkees adjoining to Damaun no duties are paid for them;
neither do we charge any duties on the goods belonging to the Hon'ble

Company urhen they are carried through Our Chowkees. It is an ancient
agreement of which your Worship must have notice".
It willbe observed the claim now advanced isfor the free transit of
any goods brought into Damaun belonging to the King through the
Hon'ble Corn any's Chowkees adjoining to Damaun, .. .on the alleged
reciprocity OiJf'ee transit of goods belonging to the Hon'ble Company
when c'arrried through the Portuguese Chowkees.
In proof of such privilegesa correspondence is cited which stipulates,
not for goods belonging to the King without reference to the place of
growth; but for goods without reference to who may be owner providecl
they be the produce of Nuggar Havelly.
While as to the counter privilege it is not a concession conferred on
goods the property of the Company imported into the Portuguese terri-
tory as recited in the letter to me but one continued and limited to the
inhabitants of Bugwara confined to timber for building & fuel imported
from the diçtrict of Nuggar Havelly.
It is to be hoped that His Excellency mayhaveinadvertently expanded
his claims into generality without reference in the first instance to the
correspondence as it is clear this is irrelevant to these claims asthey are
put.

4. In his said letter of the 19th July last His Excellency iii reference
to the particular affair which has accidentaily given rise to this corres-
iiondence or been experimentally essayed as a pretext for trying the
extent of privilege which might be allowed, states "The timber of which
Your Worship makes mention in the letter was purchased at Puttullia
for the use of a Frigate of His Faithful Majesty now building in this town
to load on boats and bring the said timber to Damaun."
The timber is not alleged to be the yroduce of Nuggur Huvelly which
is material to entitIe it to the privilege, whereas tlie specificatofnthe
property therein whether of sovereign or subject is no wise relevant to
the same.

j.The cornplaints alluded to as made by Portuguese subjects in
the laçt lettex of His Exceiiency the Governor of Damaun of a general
increase of duties at the Chowkees adjoining the Damaun territory are
presumably as far as any claim of right is involved likely to be largely,
if not completely comprehended by the scope of the correspondence in ,
regard to the privileges confirrned and continued but upon this any
further observation would at present be premature.
1 await any instructions Government may be yleased to direct.
1 have the honor to be,

Sir, Your Most Ohedient Servant.
Surat Office of the
Agent for the Right

Hon'ble tlie Governor,
17th October, 1833. ANNEXES TO PRELIMINARY OBJECTION (C SO. 33) 3I9

BOMBAY REVENUE DEPARTMENT

Vol. 291496of 1833, page No. 279 to281.
To
His Excellency
Se~ihorJuliao José de Silva Vieira,
Governor Etc. Etc. Etc. Damaun.

Most Illustrious Sir,

1 have the honor to receive Your ExcelIency's letter of the
19th Instant ; but before replying to it at large or submitting a reference
on the subject to the Right Hon'ble the Governor in Council,I have the
honor to solicit that Your Excellency will be good enough to favourme
with copy of the Agreement or Document in which it may be introduced
or other Evidence of the existence of thesaid Agreement referred to in
the following passage of Your Excellency's above letter "1 beg to
acquaint you that ~vhenever any Goods are Urought into this town
belonging to the King through the Hon'ble Company's Chowkees
adjoining to Damaun no duties are paid for them, neither do we charge
any duties on the goods belonging to the Hon'ble Company when they
are carried through our Chowkees. It is an ancient agreement of which
Your Worship must have notice." I shall feel obliged for any information
calculated to throw light on the maiter above quoted.

1have the honor to be etc.

Surat Office of Agent
for the Right Hon'ble
the Governor.
goth July, 1833.

His Excellency
Senhor Juliao José de Silva Vieira
Governor Etc. Etc. Etc. Damaun.

Nost 1IlustriousSir,

With reference to my letter of the goth July 1 have the honor to
communicate to Your Excellency Extract of one dated the 24th ultimo
from the Secretary to the Right Hon'hle the Governor in Council as
foIlows; with reference to the 1paragraph of the letter of His Excellency
the Governor of Damaun to pour address dated the 12th of JuIy last to
request you will inform His Excellency that unless His Excellency can
produce clear proof of the Agreement therein stated to be of old standing
that Goods belonging to His FaithfuI Majesty are exempt from liability
to duties in passing throughthe Hon'ble Company's chowkees adjoining
to Damaun under an understanding that the Hon'ble Company's goods
are exempt from payment of customs in the Darnaun territones, the ANNEXES TO PRELIMINARY OBJECTION (CNO. 33)
320
Right Hon'ble the Governor in Council cannot admit the claim, founded
in the reciprocity system alluded to by His Exceilency.
May 1 solicit the favour of an early answer in the event of Your
Excellency feeling desirous furtherto agitate the question by adducing
proofs.

1 have the honor to be etc. (Signed) W. J. LUMSDEN.

A.G,
Surat Office of Agent
for the Right HonJble
the Governor.
2nd October, 1833.

BOMBAY REVENUE DEPARTMENT

Vol. 29/496of 1833. Page No. 283 to 284.
Translation.
To

The Iilustrious William J. Lumsden Esquire, Political Agent of the
Governor. Surat.

Illustrious Sir,
1 had the honor to receive Your Worship's letter of the 30th July
last, and while 1 was on the eve of replying, sundry persons subjects of
this Government complained to me that the duties al the Chowkees
adjoining to the jurisdictionof this Government have been augmented
upon al1goods that come to Damaun, also that come to the district of
Nagur Avely, belonging to this City, and the persons in charge of the
collectionsmake an exorbitant valuation of thesaid Goods, which rajses
the duties, to more than the value of the goods. On this subject 1 have
caused inquiries to be made, wfien 1 obtain replies 1 shall send them to
Your Worship with proper representations from the complai~iants. For
this reason 1 delayed to answer Your above lettcr, but as in Your
Worship's letter of the 2nd instant an irnmediate answer is desired, 1beg
to Say that the subject in question is noa new matter. It is decided by
his Excellency Sir Evan Nepean Governor of Bombay in 18x9C .opy of
the correspondence with the Governor of Damaun D. Jose Maria de
Castro e Almeida 1 herewith transmit No. r which 1 presume you WU
find in the Secretary's officeof Bombay or Surat & 1 also forward copies
of other documents No. 2 and 3 which will bear out what 1 have said
in my letter of the 19th Julyof the present year.

1have the honor to be etc.

Fort of Damaun.
11th Oct., 1833. .
(Signed) Juliao José nE SILVAVIEIRA.
True Copies & translated:

(Signed) Illegible. ANNEXES TO PRELIMINARY OBJECTION (C NO. 33)
321
BOMBAY REVENUE DEPARTMENT

Vol. 29/496 of 1833. Pages 287-288.

No. 3260 of 1833.

The Agent for the Govemor Siirat.

Sir,

1 am directed by the Right Hon'ble the Governor in Council to
acknowledgc the receipt of your letter dated the 17th ultimo, and to
instruct yoir to intimate to Wis Excellency the Governor-General of
Damaun, in reply to his last communication to you that the British
Governrnent will strictly adhere to the arrangement made between the
two Govts. in 1819 by which it was agreed that al1goods the produce of
Nuggur Haveiley passing through the W.C. districts and required for
interna1 comsumption in Damaun should be exempt from customs, while
no customs should be levied by the Portuguese authoritieson timber for
building and fuel brought from Kuggur Huwelle for consurnption in
Bugwara. In thecase in question His Eordship in Council conceives that
the agreement has not been infringed by a demand for the usual customs
on the Timber exported from the PalluIlea Bunder which has not yet been
proved to be the produce of Nuggur Havailey, which is thcondition on
which alone its claim to exemption can be admitted.

B.C.
12th NOV. ANNEXES TO PRELIhIINARY OBJECTION (C NO. 34)
322

Annex C.No. 34

RecordOflce,Bo~bay

REVENUE DEPARTMENT
Vol. 70 of 1848. Page Nos. 43 to 66.

No. 181of 1848.

,Territorial Department,
To Revenue.
K. D. Luard, Esquire
Collector of Continental Customs and Excise.

Sir,
..........................

17th. But ithas not been in theitem of salt alone that fraud has been
practised, every sort of irregularity has prevailed, in regard to the
import of grain into Damaun: of this 1 can shew ample proof.
18th. 1will instance here an abuse of an indulgence deserving remark
-In 1843 there was s question as to the right, or privilege, of the Gover-
nor of Damaun, to receive from the Nuggar Haveli District certain
personal supplies free of duty.

19th. Idid not consider the right established and believingitIiable to
abuse 1refused it-my friend the late hlr. Jackson being appealed to-
considered my view of the rnatter too severe, and he allowed the claim.
20th. Appendix will shew that thiç frank and liberal concession
instead of being met in the spirit it was made has been abused in the
most shameless manner and under this pretext grain etc. etc. to the
amount of Rupees 69,725.15.2.

Value according the Frontier accounts. It is
In 1845146 ................. 26,045.9
In 1546/47 ................. 21,421
In 1847148 , 22,259.6.2

he dutyon has been passed the Frontier free of duty-But these accounts are false-
nountedto--efor on comparing them with the pass notes given by the Governor of
,, 4,736,;Damaun and taking the whole amount shewn in them the quantity
.S. 3357 13.passed free proves to have been in
S. 4i240713.4 1845146 .................. 33,560.10
.S.12,334,14.3 1846147 .................. 43p505.15
1847/4s .................. 55h59.1
--
132.725.10

~1st. Another point deserving iiotice is tliat under this present system
the Damaun revenues bave so much irnproved that their Farm of transit
duties has been sold for twenty one thousand Rupees in the current
year-nine years ago it was Fourteen thousand Rupees-our los5 is
their profit. AKNEXES TO PREL1311hrAIIY OBJECTIOS (C KO. 34)
32.3
zznd. I trust in a year or two, we may be able to learn, that the sale
of the Damaun Transit duties, lias returned to its original standard;
but it \vil1always prove a guide to help to determine the healthy, or
unhealthy condition, of things in out-own district.
..............................

(Si'giaedA. BETTIKGTON?

Deputy Coljector of Continental
On Circuit Daman Custonis and Escise.
Office of theDeputy
Collector of Coritl.
Customs Etc.
18th May, 1848.

REVENUE DEPARTAIEKT

Vol. 70 of 1848,.page No. 16j to 167.

No. 252 of 18318.
Territorial Departinent.

Revenue.
To
. J. G.Lumsden, Esquire

Secretary to Govcrnrnent.

Sir,
In the absence of the Collector I have the honour to submit to you
that in my report on Damaun of t.he 18th ultimo 1 pointed out the
abuse of an indulgence granted to the Governor of Damaun of having
certain supplies passed from Nuggar 1-Iaveli to Damaun througli oiir
custom Chokies without paying duty.

2nd. In the report referred to I have shewn that under this pretext
goods have been passed from every direction under passes from the
Governor of Damaun-to large amount and involving a considerahle,
sacrificeof Revenue.
3rd. In the last year the value of the goods so .passed was Fifty-five RPS. 55.659.1
thousand six hundred and fifty-nine Rupees and one anna the amount
of customs that should have been paid thereon Rupees four thouçand Rps. 4.240.13.4
two hundred and forty thirteen annas and four pies-fortunately this
is not a case the proof of which depends on the validity of an account l
kept by an inferior carcoon and might.be open to trial-I have the passes 1
of the Governor of Damaun to prove the fact.

4th. InvoIving as it did a daily aiid hourly sacrifice of our Revenue
and considering tiiat the countenance tvhich has been given to the salt
smuggling by the Damaun Government to the great injiirp of Our Excise
in no wise entitles them to extravagant indulgence and that the abuse of
a concession and favour made in coitrtesy-required instant correction
-1 directed that no goods should bt:passed the Damaun Frontier free
of duty on any pretext whatever. 324 ANNEXES TO PRELIMINARY OBJECTIOP; (C NO. 34)

5th. 1have given the detail of this matter in paras. 17th 18th 19th
noth of the report above referred to. I regret however to find 1have not
mentioned that 1had given the orders imrnediate effect. 1 trust however
Government will consider me justified in having done so for the reasons
above mentioned.
1 have the honour to be, Sir,
Your most obedient servant,
(Signed) Tliegible.

Deputy CoIlector of Contl.
Customs Etc.
Surat Officeof the Deputy
Collecter of Contl. Customs
Etc.
10th June 1848.

SURAT AGENCY

Vol. 29 of 1841-1851. Flags Q to M.

Government of IIlustrious& Exct. Sir,
NO.aI t 1 have the honor to bring to Your Excellency's notice that the
administrators of the Excise Chowkies of Koonta, and Pdeet are in the
habit of obstructing the free transit of the articles brought from the
Purgunnah Nagur Havellie for the use of this City, such as Timber,
Bamboos, Batty, Firewood, Hay etc. as has been customary under the
proper passes granted by this Government until now in the form agree-
ably to the Treaty between the two nations British and Portuguese:
1am informed that the said administrators are levying unlimited transit
diities.
Excellent Sir, 1 presume this arbitrary determination of the admini-
strators to be theirown acts, and not the orders issued to them by Your
Excy. or any other British authority, because had the orders been
from Your Exceliency 1 believe 1 wodd have been honored with the
information thereof and whichwould have enabled me to adopt measures
accordingly-In consequence of the approaching monsoon 1 request '
Your ExcellencyJs early answer.

May God preserve ~our Excy:
Government Palace at Damaun.
20th May, 1848.

His Excy. the Governor of Surat.
(Sig7aed)Illegible.
True Translation.
A.G. ANNEXES TO PRELlMINARY OBJECTION (C NO. 34) 325

SURAT AGENCY

Vol.29 of 1841-185 F lgs Q toM.

No. 4906 of 1848.
Received 25th August.
Territorial Department.
Revenue.
To

W. C. Andrews, Esquire,
Agent for the Right Hon'ble the Governor,
Surat.

Sir,
In acknowledging the receipt of your letter80. 182, dated 10th June
last, with accompaniments relative to certain precautionary measures
adopted by the Deputy Collector of Continental Customs and Excise for
the protection of the Government revenue, 1 have been directed by the
Right Hon'ble the Governor in Council to request, that, you wacquaint
the Governor of Damaun, in reply to his Ietters which accompanied yours
under acknowledgment, that, the very large amount of grain stores
etc. passed duty free under his passes has attracted the attentiofour
Customs Officers, that Government fears designing persons niust ha.
been imposing on His Excellency (as in a recent instance) that His
Lordship in Council thinks it would be advantageous,as a guide to both
Governments, to know as nearly as possible, the amount of produce
which could be legitimately importect in tway, and,that, he hopes His of letter from
Excellency will desire the proper authorities to prepare statements Revenue
simiIar to those required from Mr. Bettington in the Extracts notedin Commissioner.
the margin, copiesof which are hereto annexed, and that he will furnisdNP ,.djié
us with copiesofthem as soon as he conveniently can. 1848
1 have the honour to be, & 6rof letter.
No. 4905 datw
Sir, Your most obedient Servant. Revenueto
Commissioner
(Signed) Secretary to Government. N. D,
Bombay Castle, l
22nd August, 1848.
-- l

SURAT AGENCY 1

Vol. 29 of1841-1851. FlagsQ to M.
1
Extract para. g of n 1e.e~ from the Revenue Commissioner, No??hern
Division,drated,?otJwe, 1.848
9. Referring to the charges of abuse by the Governor of Damaun
of the privilegeconceded to him of granting passes for exemption from
the duty the subject wiilbe found to have been under consideration in
the correspondence replied to in Government ietter, No. 348 of 19th ASKEXES TO PRELIIIINARY OBJECTlOX (C NO.34)
326
January last, a separate report might1 think be called for on this point
giving a summary of the whole of the evidence of abuse, amongst which
a contrast of the quantities of goods in the passnotes, with the estimated
production and consumption of the District on account of ~vhich the
free transit has been permitted as previously suggested para. 2 ofmy
letter No.994 of 16th June 1847,submitting the correspondeiice above
referred to, should be included, and in the event of abuse being made
clear which would seem to be probable the entire discontinuai~ce of the
privilege for the future, might be resorted to.

Extractpara. 5 & 6 oa letterfrom GovernmenttotheReveme Commissioner
Northern Divisi oated22?td August, 1848M ,O.4905
5. Before, liowever, Government can determine to alter the present
arrangement, it will be necessary to have more particulsr information,
and you will therefore have the goodness to instruct%Ir.Bettington to
prepare a report of the kind suggested in the 9th para. of your letter
No. 1271 dated 3rd June last repiied to in mine No. 4901 of this date,
including in it full information as to the foundation on which the Portu-
guese Government rests its daim to exemption from duty. This report
should shew the annual amount or value of the exportable produce of
the Nuggar HaveiIee district, and the quantity of this produannually
consumed in Damaun.

6.This information Mr. Bettington His Lordship in Council belieires,
will be abIe to furnish as he appears to have obtained many of the accounts
necessary for the preparation of such a report.
True E'ctracts.
(Signed Secretary to Government.

No. 278 of 1848.
Political Department.
To

J. G.Lurnsden, Esquire,
Secretary to Governrnent,
Bombay.
Sir,

With reference to your letter of the zznd ultimo No. 4906 on the
subject of the privilege clairned by His Excellency the Governor of
Daman to import into Daman certain articles the produce of the Nugur
Huvelee free of duty, I have the honor to state, for the information of
the Right Hon'ble the Governor in Council, that 1immediately addressed
His Excellency on the subject as therein directed and that in reply His
Excellency has intimated to me that he has brought the matter to the
notice of His Excellency the Governor General of Portuguese India in
the hope of receiving instructions agreeably to the wishes of the Right
Hon'ble the Governor in Council.
1 have the honor etc.
(Signrd) A.G.
Surat
Office oftheAgent etc.
11th September, 1848. Ah'XEXES TO PRELIMINARY OBJECTION (C SO. 34)
327
No. 3160 of 1849,

Territorial Department,
Revenue.
To
W. C. Andrews Esquire,

Agent for the Rjght Hon'ble
the Governor at Surat.

Sir,
With reference to your letterNo. 278 dated the 11th of September,
1848, relative to the claim of the Darnaun Government, to exemption
from payrnent of duties on goods, the produce of Xuggur Havailee,
passing through the Company's districts, required for interna1 consump-
tion at Daman, 1 have been directed to transmit, for your information,
copy of a communication addressed to Government, by His Excellency
the Governor of Damaun. No. 39 ofthe 12th Decernber Iast, and extracts
paras: I to g of one from the l2evenu.eCommissioner Northern Division
No. 760 of the 19th ultimo, and to statethat the Right Honorable the
Governor in council entireIy concurs in the remarks of Mr. Shaw in this
case; and in the mode in which he proposes to dispose of the cornplaints
made by His Excellency the Governor; and to request that you will
make the communication proposed in the 6th para: to His Excellency
at once.

2nd. In respect to the second subject of cornplaint, His Lordship in
Council has been pleased to concedt: the first item as suggested, and
instructions have been issued for precautions being taken as recommended
in the 9th para: the second item requires no further noticeas it appears
the boat has been released.
3. 1 have been further desired to request that you tvill, at the same
time, inform His Excellency the Governor of Damaun of the concession
proposed, in the rnanner pointed out in Mr. Shaw's 8th para:

1have the honor to be,
Sir,
Your rnost obedient Servant,
(Signed) IllegibIe.
Acting Secretary to Governrnent.
Bombay Castle,

12th May, 1849.
--

No. 39.

From the Governor of Daman.
To the Right Hon'ble the Governor of Bombay.

Ilated Dauman, 12th Dec., 1848.
Most Illustriousand Excellent Sir,

I have the honor to bring to your Excellency's notice, that being in
the Government ofthis place for more than three years, until the month328 ANNEXES TO PRELIMINARY OBJECTION (C NO. 34)

of October last, no doubts or obstacles were ever raised by tlie persons,
entrusted to collect Revenue under your Excellency's jurisdiction, for
allowing to pass free of duty articles which are brought for the consump-
tion of my House, çuch as,Fowls, Chickens, Ghee, and Butter, but now
they demand duty which however, 1have orderedtobepaid. Considering
however, that this is not done by your Excellency's orders, given to the
Coilector of Revenue but that itis rather the act of the Parsee, who is
entrusted with the business of collections, and that it is he who thus
imposes at his own pleasure, 1 have thought it proper to enquire by
this means, whether such has been the order of Your Excellency in which
case 1shall rest satisfied on the point-should, however, such not be the
case, 1 trust that, Your Exceliency will cause orders to be issued to the
Collector to take cognizance of these vexations; because if 1 am thus
used, what will they not do to the poor inhabitants.
And your Excellency is well aware, that European subjects are
constantly passing through my territory, and no duty is ever asked from
them upon any article whatever. 1 am certain that your Excellency,
willnot permit that an employeeshould be doing as hepleases, demanding
duty upon every thing,as if hewislied by this means to enrich the Hon'ble
Company.
1 beg, at the same time, to bring to your Excellency's notice that
having under date the grd, 14th and 24th October, and 15th November
last past, addressed your Excellency's Agent at Surat regarding the
retention of a Boat, which was seized by the said Parsee, 1 have not as
yet received any reply to my letters, and 1 therefore request, that your
Excellency will be pleased to order its release, and that the Parsee be
cautioned against interfering with the Portuguese subjects because the
River Coilequeis the property of the two allied nations, viz., the British
and the Portuguese-1 now expect your Excellency's decision on this
matter.

May God preserve your Excellency-Palace of the Damaun Govern-
ment. '
12th December, 1848.
(Signedj Illegible.

True Translation.
(Signed) Illegible.

Portuguese Translator to Government.

Extract para. I to g of a Eetterfrom the RevenueCommissioner'sN.D.
dated19th Apvil, 1849,No. 760.
Para. I. In reply to your letter No. 2,448, of the 9th Instant, trans-
mitting a report from the Deputy Collector of continental Customs,
relative to the claim of the Damaun Government to exemption from
payment of duties on goads, the produce of Nuggur Havailee, passing
through the Company's district, required for interna1 consumption at
Damaun, and directing me to report on the whole subject, 1 do myself
the honor to state for the information of the Right Hon'ble the Governor
in Council that, there is a voluminous correspondence on this matter on ANXEXES TO PRELIRIINARY OBJECTION (C NO. 34) 329
the records of this Department, whicli has become somixedup withother
subjects and, numerous unanswerecl references, it becorner difficult to
convey the real merits of the case under enquiry,-I shall therefore
endeavour to divide it into three hea.ds.

1st. The agreement between the Bombay and Demaun Govern-
ments to allow the produce of Nuggur Havailee to be transported
through the Company's territories dut y free for internal consump-
tion at Demaun, on condition tliat no duty Ras chargecl by the
Demaun Government on Timbt:r exported from Nuggar Haveilee
for building purpose, and fuel to be used at Bugwara.
2nd. The complaint of His Excellency the Governor of Demaun,
that a frontier duty was demanded on the Fo\vls, Ghee, Butter,
required for the consumption of His Excellency's Household.
3rd. The fraudulent exportation of Damaun salt into the Hon'ble
Company's Territories.

2. Regardi~ig the first of these considerations it would appear by a
letter from Mr. Secretary, Reid No. 3260, of 12: November, r833, that
as far back as A.D. 1819, an agreement had been entered into by the
British Government to allow the produce of Nuggar Havaillee, which is a
small district belonging to the Portuguese but separated from the
Demaun State, to pass duty free foi- internal use thro' the cornpany's .
territory, provided that no export inlpost was charged by the Demaun
Government on Timber exported from Nuggur Waveli for building

purposes and fuel for consumption iri Bugwara.
3. From Mr. Luard's letter No. 735, of the rz June, 1847 p,ara.7,
it is evident His Excellency the Governor of Demaun abused this
induIgence, and that 29 maunds of Rice, the produce of Government
villages were detected in the attempt to pass them over the frontier as
the produce of Nuggar Havailee.

4.Out of this circumstance some immaterial correspondence conti-
nued until June, 1848, on the 10th of which month Afr. Bettington
reported to Government by letter No.252,tliat during "the last year the
value of the goods so passed was Fifty-five thousand six hundred, and Rs. 55.659.1
fifty-nine Rupees, and one anna, the amount of customs that should have Rs.4.24Lt3.4
been paid thereon, Rupees four thousand two hundred, and forty,
thirteen annas, and four pies, fortuna tely this is not a case, the proof of
which depends on the validity of an account kept by an inferior carcoon,
and might be open to denial. 1 have the passes of the Governor of
Demaun to prove the fact." Upon wllich Mr. Bettington at once issued
orders prohibiting further goods pasiing over the frontier duty free on
the pass note of His Excellency the Governor of Demaun.

5. Hence aroçe a correspondence noted in the margin, in which it will ~~h,r,,,,,dence
be observed that,the Bombay Gover~iment, called upon the Collecterof is omitted
Continental customs to furnish a report of the value of the exportable
produce of Nuggur Havailee, which Mi. Bettington in ihe 10th para. ofhis
letter No. 38 of the 10th February last, states that he is unableto do,
while His Excellency the Governor of Demaun in his reply to Mr.
Andrews the Government agent at Surat, who had called upon the
Demaun Government for the same information, reports that he has
referred the subject to the notice of His Excellency,the Governor General33O ASNEXES TO PRELIAIINARY OBJECTION (C NO. 34)
of Portuguese India as intimated to Government on the 11th September

last by Mr. Andrews.
6. In reviewing the above proceeding it is, 1 apprehend, conclusive
His Excellency the Governor of Demaun (who by his letter to Mr. Andrew
declined an explanation) has abused the indulgence of the Bombay
Government, and as no necessity in the present day can exist of

allowing the inhabitants of Bagwara the pnvilege of getting their
building timber and fuel from the Nuggur Havellee duty free, an arrange-
ment which Mr. Bettington shows in the 3rd para. of his letter to
Mr. Secretary Lumsden h'o.252 of the 10th June last, was attended with
a loss of customs dues to Government of Rupees Four thousand, two
hundred and forty, annas thirteen and pies four, this discussion, 1
respectfully venture to submit might be brought to a close by His
Excellency the Governor of Demaun being informed, that as it had been
discovered numerous abuses (probably on both sides), had taken place,
in defrauding the Customs, the agreement entered into in A.D. 1819, of
permitting the produce of Nuggur Havailee to pass duty free over the
British frontier into Demaun, upon the Demaun Government allowing
Building Timber and fuel to be similarly exported from Nugpr Havailee
into Bugwara, was to cease, and that henceforth the British Government
would not expect the continuance of this indulgence or graiit its equi-
valent to the state of Demaun.

7.Adverting to the second cause of complaint contained in the letter
of His Excellency the Governor of Dernaun of the 12th December last,
addressed to the Right Hon'ble the Governor of Bombay, 1 beg to
observe it refers to two subjects:- .

I. That articles for the consumption of his house, such as,
Fowls, Chickens, Ghee and Butter, which were formerly passed
duty free are now taxed on the Frontier and
2. That a Portuguese Boat had been detained by a Custom
House officer in the river Coileque. Regarding the latter point
contained in His ExcelIency's letter, hlr. Bettington ithe2nd para.

of his report of the 14th of last month No3,addressed to Mr. Luard,
and before Government satisfactorily explains the circumstance,
and had released the Boat.

S. IVith reference to the first cornplaint, 1 would with deference
take the liberty of proposing the matter should be conceded to His
Excellency the Governor of Demaun, and that he should be informed it
never was the intention of the British Government to put His Excellency's
household to any persona1 inconvenience and that the stoppage and
demand for duties on such articles as mentioned by him passing the
frontier, had arisen from the abuse of the privilege formerly g-ranted, by
which the custorn dues had been considerably defrauded, but that
orders would now be issued to pass duty free al1 such articlesas those
enumerated by His Excellency, on the production of his certificate
intimating they were for his private consumption.

g. To prevent an unfair advantage of this indulgence, the Collector
of Continental customs may be directed totake such precautions as are
necessary, short of withdrawing without its sanction, the privilege ANNEXES TO PRELIMINARY OBJECTION (CBO. 34) 33 I
granted by the Government, as other procedure (the Demaun Govern-
ment following the same course, and throwing the responsibility of a
discourteous act on a subordinate) might lead to inconvenience, inas-
much as the local position of Dernaun is such that the Portuguese
authorities may cast many vexatious impediments in the way of tra-

vellers passing through their state, andas it cannot be the deçire of a
magnanimous and powerful Goverriment to be fastidious about non-
essentials, so also am1 of opinion, that, it would not be politic to be
over rigidin demanding our dues on trifling articles, the produce of our
own districts imported into Damaun for interna1 conçnmption.
True Copy & Extract.

(Signed)
Act. Secy. to Government.

No. go cd1849.

Political Department.

His Excellency the Governor of Daman.

Illustrious Sir,
With reference to your letter to Ine of the 20th May, 1848, No. II.
and to your letter to the Right Hon'ble the Governor of Bombay dated
12th December last No. 39 complairiing of certain acts of theCollecter
of Customs 1 am directed by the Right Hon'ble the Governor in Council

to inform your Excellency that as it has been discovered that nurnerous
abuses (probably on both sides) have taken place, in defrauding the
customs, the agreement entered into in A.D. 18x9, of permitting the
produce of Nuggur Havelee to pass duty free over the British frontier
into Demaun, upon the Demaun Government allowing Building Tirnber
and fuel to be similarly exported from Nuggur Havailee into Rugu7ara,
is to cease, and that henceforth the British Government will not expect
the continuance of this indulgence orgrant its equivalent to the state of
Daman.
2. I am f~irther instructed to acquaint Your Excellency that it I
never was the intention of the British Government to put Your ExceI-
lency's Household to any persona1 inizonvenience, and that the stoppage
and demand for duties on such artic1i:sas are mentioned by you passing
the frontier, had arisen from the abuseofthe privilege formerly ganted,
by which the custom dues had been considerably defrauded, but that
orders will now be issued to pass duty free al1 such artides aç those
enumerated by Your Excellency, on the production of Your certificate
intimating they were for your private consumption.
1 have, etc.,
(Signed) W. C. ANDREWS,
Surat. A.G.

Office of Agent, etc.
25th May, 1849. ANNEXES TO PRELIMINARY OBJECTION (C NO. 35)
332
Annex C. No. 35

RecordOfice,Bombay

POLITICAL DEPARTMENT

Vol. 8 of1859. PoIl. Cons3 June, 1859, No. 3326.

(Page No. 287.)
To

The Most Illustrious Senhor Anderson,
Secretary to the Government of Bombay.

Most Illustrious Sir,
Agreeably to the instructions Ihave received from rny Governrnent,
and in accordance with fresh suggestions which reached me yesterday
by the Electric Telegraph,1 beg to draw the attention of your Govern-
ment to the duties which are enforced on articles, theroduce of Pur-
gunna Nagar Avely, belonging to the jurisdiction of Demaun, intheir
transit to that settlement throughtheterritories of the British Govern-
ment.
These duties which for some time past had been abolished are now
not only again levied but at so enhanced rates as to fali very heavily on
the poor and miserable inhabitants of the above jurisdiction.

On the other hand, my Government has permitted the free transit
through the Portuguese territory ofal1articles which may have to pass
through it, for the usef the British Railway Works.
Thus it appears to my Government just that there should be recipro-
city on the side of the British and that the enfarcement of the transit
- duties above alluded to, should be suspended until the decisionwhich
may be passed, on information to be collected on the spoby the British
and Portuguese Commissioners.
1have the honour to be Etc..

(Signed) J. H. DE CUNHA RIVARA,
Secretary to the Govt. of Goa on Syecial Con~mission.

Bombay,
23rd April,1859.

RESOLVED.
That Mr. Rivara be informed that immediate enquiries will be made
relative to the transituties alluded to by him.
That the Collector of Tannah be furnished with a copy of this letter
and requested to report on the subject adverted by Mr. Rivara.

(Signed) Illegible. ANNEXES TO PRELIBIINAKY OBJECTION (C NO. 35) 333

Poll. Cons. 1859 No. 3328 (Page No. 289).

No. 1653 of 1859.
Poll. Department.

Senhor J. H. De Cunha Rivara,

Special Comrnissioner for the Settlementof
disputes at Demaun &c.

Most Excellent Sir,
I am directed by the Right Hon'ble The Governor in Council to
acknowledge the receipt of your letter dated the 23rd of Iast month
relative to transit duties Ieviedon produce passing through British
territory from the Portuguese Purgunna of Nagar Avely, and in reply
to inform you that immediate enquiries willbe made on this subject.

(Signed) Illegible.
B. Castle,
2ndMay, 1859.

Poll.Cons. 1859 No. 3329 (Page No. 291).

No. 1654 of 1859,
Political Department.

The Magistrate of Tanna.

Sir,
1 am directed by the Right Hoii'ble the Governor in Council to
forward to you, copy of a letter froin Senhor J. H. de Cunha Rivara,
Portuguese Commissioner for the settlement of Demaun disputes etc.,
dated the nqrd ultimo, relative to transit duties levied on produce
passing through British terntory from the Portuguese Purgunna of
Nagar Avelly, and to inform you that Government awaits your report
on the subject.
(InitialledIllegible.
B. Castle,

2nd May 1859.334 ANNEXES TO PRELIMINARY OBJECTION (C NO.35)

PoI1. Cons. 3 june1859 No. 3621 (Page No. 293)

No. 786 of 1859.
From.
J. R. C. Morgan Esquire,
Acting Magistrate of Tanna.

H. L. Anderson Esquire,
Secretary to Government,
Bombay.

Tanna Magistrate's Office Political Departt.
Matheran 4th May, 1859.
Sir,
In acknowledging the receipt of your letter No. 1654 of the and

Instant with accompaniment I have the honour to state that no transit
duties whatever are levied by the Revenue Department ongoods passing
through the British territory-and beg to suggest that the Portuguese
Commissioner Senhor J. H. de Cunha Rivara-be requested to state at
what villages these duties are levied, and on what produce. 1 have
instructed the Sunjan Mamlutdars to make immediate enquiry on the
subject and report the result.
1 have the honour to be,
Sir,
Your most obedient servant,

(Signed) Illegible
Acting Magistrate.
No. 3622.

RESOLVE -
That copy of this letter be fonvarded tLt. Col.Pope with a request
that he will obtain the necessary information from Mr. Rivara.

(Signed) Iilegible.

Poll. Cons.1859 No. 3623. (Page NO. zgj)
No. 1779 of 1859.

Political Department.

Lieutt. ColonelG. Pope
Commissioner on the part of
the British Government.

Sir,
1 am directed by the R.H.G.C. to forward to you copy of a letter
from the Acting Magistrate of Tanna, No. 786 dated the 4th instant, ANNEXES Tu PRELIMINARY OBJECTION (C NO. 35)
335
and to request that you will obtain the information requireti by that
officer from Senhor J: H. de Cunha Rivara on the subject of the duties
said to be levied in British territoron goods passing from Damaun.

(Initialled)Ilegible.
B. Castle,
II May 1859.

PolI.Cons. 3 June, 1859, No. 3945 (Page No. 297)
From
Lt.Col. G. Pope,
Commissioner.

To
H. L. Anderson Esq.,
Secretary to Govt. Pol: Department,

Bombay.

Sir,
1have the honour to acknowledge your letter No. 1779 of the 11th
inst. with copy accompanied of one to your address from the Acting
Collector ofTanna No. 786 ofthe 4th idem.
In repIy I have the honour to state, for the information of the Right
Honourable the Governor in CounciI, that 1 have communicated your
letter to the Portuguese Commissioner Senhor Rivara, but tliat I am
able to report, from rny own knowledge, that duties are levied not by
officersof the Tanna CoIlectorate butby those under the Commissioner of
Custorns,Bombay, an articles the produce ofthe Portuguese territory in
the Nugur Havelie while passing through British territory, on their way
to Daman.
1 ascertained this in person onthe 11th inst. by proceeding to Koonta,
where an Inspecter of the Customs Department is stationed who gave me,
orally, al1 the information 1 desircd, but, appareantly with perfect
propriety, did not feel himseIat liberty to give me a detailed statement
in writing without orders from his superiors.
I yesterday applied, officially, to the Commissioner of Customs,
Bombay, for the necessary information which,when it has been received,
itshall be duly laid before Government with my report on the siibject.
1 have the honour to be,

Your most obedient servant,
{Signed) G. POPE,
Lt.Col. Commissioner.
Daman,
13th May, 1859. ANNEXES TO PRELIBIINARY OBJECTION (CKO. 35)
336
Poll. Cons. 1859 No. 3946. (Page No. 301.)

political Department.
To

R. Spooner Esquire,
Commissioner of Custorns Salt
and Opium,
Bombay.

Sir,

1am directed by the Right Hon'ble the Governor in Council to fonvard
to you copy of a letter from Lieutenant Colonel G. Pope, British Com-
missioner for the settlement of Demaun disputes etc., dated the 13th
instant, relative to transit duties levied on produce passing through
British territory from the Portuguese Pergunna of Nagar AvelIy, and to
inform you that Government auraits your report on the subject.

(IlaitialledIllegible.
B. Castle,
20th May, 1859.

(Page No. 303.)
From
J.H. De Cunha Rivara.

H. L. Anderson Esquire,
Secretary to the Government
of Bombay.
z8tlï April,1859.
Most Illustrious Sir,

Having, according to communications from this Government, to
proceed with Lieutt. Colonel Pope to Diu tomorrow (29thApril), for the
purpose of putting into full execution the convention relative to limits,
approved of by the two Governments, British and Portuguese, and as we,
the two Commissianers, willhave to go from Diu to Daman, with the view
toregulate and terminate there also the disputes existing in that juris-
diction,1 take the liberty to submit for your consideration, that, accor-
ding to the understanding between the Governor General of Portuguese
India and Lord Elphinstone, Governor of the Presidency of Bombay, it
would be of the greatest importance and mutual convenience, if the
British Commissioner, Lieutenant Colonel Pope, were furnished with the
necessary powers, not only to decide the so called question of limits, on
the above mentioned jurisdiction of Damaun, but also to enquire into
and agee as to what may seem most convenient, with regard to the
levying of duties,as recently fixed, upon the produce of the Portuguese ANNEXES TO PRELIMINARY OBJECTION (C NO. 35) 337
territory in its transto some other point, of the same territory, situated
beyond the British territory.
It is equally the wish ofmy Government, that, the British Commis-

sioner will eiideavour to suggest a plan for circumscribing the territory
within the jiirisdiction of Damaun, whereby, (after the same shall have
been approved of by the two Governrnents) further disputes, similar to
those which have hitherto so much annoyed the said Governments and
troubled the inhabitants of the two territories, may be prevented.
Ihave the honor to be,
Sir,
(Szgized) J. H. DE CUNHARIVARA.

True translation,

(Signed) N. FERNANDES,
~ortu~ueçe Trançtr. to Government.

(Page No. 307.)

No. 1746 of 1859.
Political Department.

Lieutt. Coll. G.Pope,
on special duty.

Sir,
Keferring to my letter,No. 1567, dated 26th April last, 1 am directed
by the Right Hon'ble the Governor in Council, to transmit to you,

translation of a communication from Senhor Rivara, Secretary to the
Government of Portuguese India, dated the 28th of the same month,
relative to the disputes at present existing between Damaiin and the
Tanna Collectorate.
2. In fonvarding this communication, 1 am desired to state, that,
His Lordship in Council considers it very desirable, that, al1 questions,
pending between the two Governmerits, should be settled forthwith, and
accordingly requests that, you will extend your enquiries to the subject
of levying duties alluded to by Senhor Rivara.
3. The Right Hon'ble the Governor in Council recluests, that, you
wiil consult with the Cornmissioner of Customs and the local Revenue
Officers before recording a final opinion.

4. A copy of the letter frornthe acting Collecter of Tanna, dated
the 11th April last, and of my reply of this date, is enclosed for your
information, and 1am desired to reqciest that, you will have the goodness
to communicate the views of Govt. tr~Senhor Rivara.
1 have the honour to be etc.
(Signed) H. L. ANDERSON,
Bombay Castle. Secretary to Government. ANNEXES TO PRELIMINARY OBJECTION (C NO. 35)
338
PoIitical Consultation1859 No. 590. 3A, (Page No. 309 to 327.)

From
Lieutenant Colone1 G. Pope,
Commissioner .

To
H. L. Anderson, Esquire
Secretary to Government.
Political Department,
Bombay.
Sir,

In continuation of my letter to your address of the 20th instant,
Iproceed after havingcommunicated, as directed,with the Conimissioner
of Customs, to report on the dutieç levied by the British Government on
articles the produce of the Portuguese Perpna of Nugur Havelee, which
necessarily cross a portion of British territory during transit to the
Portuguese district of Daman.
2. I fonvard a Memorandum on the subject by Senhor Rivara,
Commissioner on the part of the Portuguese Government and give an
abstract ofits contents, marked by inverted commas the document is
marked B. he therein states:-

3. "That the Perguna of Nugur Havelee was ceded to the Portuguese
by the Peshwa, by a treaty dated 17th December, 1779 in which is an
article guaranteeing the perfect freedom of commerce between the two
Governrnents."

4. Copy of the article, translated into Portuguese isannexed to the
Memorandum, No. I.
1799 5. That after some tirne, doubts, and disputes having arisen on the
Sec subject of duties, the Peshwa by his Sunud dated 26th April, 1779,
in Portuguesordered that rice, teakwood and other articles passing through his
territories by land or water from the Perguna to Daman, should not be
subject ta any payment whatever.

6. Copy of the Sunud, with translation in Portuguese, is annexed
to the Memorandum No. 2.

7. 'That when the territory between the Nugur Havelee Perguna
and the Daman district, passed from the Peshwa to the East India
Company objections were raised to the free transit of the produofthe
Portuguese districtson which account the Governor of Daman addressed .
theGovernor ofBombay on the 11th November, 1818, and that the
latter, after the necessary enquiries, replion the 1st May, 1819, that
the request of the Governor of Daman should be complied with, at the
same time indicating certain precautions which it would be necessary to
take against frauds, and stating that according to the reports made to
him by his officers, no impediment had in reality been offered to the free
transit through the British territory of the produce of the Nugur Havelee
Perguna to Daman."
8. Copies of the letters referred to are annexed to the Memorandum
marked Nos. 3 and 4. ANNEXES TO PRELIMINARY OBJECTION (C XO. 35)
339
g. "That in the year 1833, the Governor of Daman addressed a
further complaint to the Bombay Government, and that the Governor of
Bombay replied, confirming the agreement of 1819,exempting from duty
al1 articles the produce of Perguna Nugur Havelee coming to Daman."

IO,Copy of the Ietter referred fo is annexed to the Memorandum
No. 5.
II.The document is a letter to the Governor of Daman from M. Vibart,
in charge of the Surat Officeof Agent for the Right Hon'ble the Governor,

dated 15th November, 1833, embodying extract of a letter from the
Secretary to the Bombay Govemnient to his address dated the 12th
idem, in which it isstated that the Bombay Govemment would strictly
adhere to the agreement of 1819, which however, it appeared had not
been really violated, as it had not been proved that thertides on which
Customs had been demanded at Patulea Bunder were really the produce
of the Nugur Havelee Perguna.
12. It appears from this letter that the concession made by the
Bombay Govemment only extendecl to articles the produce of the
Nugur Havelee Perguna intended for the "interna1 consumption" of
Daman-the letter makes no mention of articles intended for export, or
of articles sent from Daman to the Perguna. This concession was also
accompanied by a condition thatthe Portuguese authorities should exact
no duties in timber for building, and fuel, brought fromNugur Havelee
for consumption in the British district of Bhugwara.

13. "That after some time the British Officer [in 18441 re-imposed
taxes, and that after a fresh complaint from the Governor of Daman,
the old orders were re-established."

14. Senhor Rivara here quotes document No. 6, appended to his
Memorandum, being copy of a letter from the Agent for the Hon'ble the
Governor at Surat, dated goth April, 1844 ,onvarding copy of a letter
to his address No. oz dated 29th idem frorn the Deputy Collector of
Continental Customs and Excise, stating that he had been autliorised to
rescind the orders given by Mr. Bettington and complained of by the
Governor of Daman.
15. "That matters continued in tbis state, with trifiing exceptions and
annoyances on the part of subordinate Agents, tiil the year 1548 when
the transit of articles theoduce of Perguna Nugur HaveIee was loaded
with heavy duties, so that residents in Daman who cultivate fields in
Nugur Havelee cannot now carry to their homes the product of the
sweat of their own brows, without paying Customs to a foreign nation.
That the Portuguese Government ccinnot bring a log of wood, the pro-

duce of its own forests, forthe construction of a ship, or other public
purpose, witliout paying a similar tribute, and that Portuguese subjects
of Nugur Havelee cannot use the salt or other produce of the Portuguese
territory of Daman, without paying duties at the British custom houses
at Koonta and Pulsuth."
16. "That the appeal of the Governor of Daman was on this occasion
unsuccessful, it being replied that numerous abuses (probably on both
sides) had been discovered, by whicli the revenue had suffered; that the
agreement of 1819 which was stated to have been an indulgence, must
be considered at an end, but that a free transit would be gsanted to ANNEXES TO PRELIMINARY OBJECTION (C NO. 35)
34O
articles required for the private consumption of the Governor of Daman
and his houçehold."
17. To this part of his Memorandum Senhor Rivara appends papers
Nos. 7 and 8.

18. No. 7 is copy of a letter to the Governor of Daman from the
Agent for the Right Hon'ble the Governor at Surat No. 159 of pst May
1848 orwarding forinformation copy of aIetter to his address from the
Deputy Collector of Continental Customs and Excise, dated 29th idem,
stating that the matter had been referred to Government; that the order
complained of had been authorised by him, and it was impossible to
comply with His Excellency's requeçt.
19. No. 8 is copy of letterNo. go of 1849to the Governor of Daman
from the Agent for the Right Hon'ble the Governor, dated 25th May,
1849, stating that he had been instructed by the Right Hon'ble the
Governor of Bombay in Council to inform His Excellency that it had
been discovered, that numerous frauds (probably on both sides) had
taken place, whereby the Customs had been defrauded. That the agree-
ment entered into in 1819, permitting the produce of Nugur Havelee to
pass duty free over the British frontier into Daman, on the Daman
Government allowing building tirnber and fuel to be similarly exported
from Nugur Havelee to Bhugwara, wns to cease, but that orders had
been issued for passing duty free, al1articles intended for His Excellency's
private consumption, on production of His Excellency's certificate that
they were intended for such purpose.

zo. This settlement of the question by the Bombay Government
was approved by the Hon'ble Court of Directors, vide para. 12 of their
despatch No. 3 of zznd May, 1850 ,nd it is proper here to observe that a
letter to the Agent for the Right Hon'ble the Governor at Surat from
Mr. Chief Secretary Malet, dated 18th July, 1849,No. 4555 shews that
the Government of Daman had been in the habit, for years, of levying
duties on timber and firewood exported from Perguna Nugur Havelee to
Bhugwara, in direct breach of the agreement of r81gand 1833.
21. Consequently the putting an end to that agreement by the
British Government would seem to have been justifiable on the ground
of breach of itby the other party, irrespective of any inherent right a
Government possesses to alter its own fiscal arrangements, and with-
draw what had never been conceded as right, but only granted as an
indulgence.

zz. "That the allegaiions as to abuses and frauds can only be con-
sidered asreferring tothe supposed clandestine introduction into Daman
of British produce, under pretext of its being that of tfie Portuguese
territory of Nugur Havelee."
23 "That this supposition cannot easily be adrnitted as correct as
the frontiers are watched throughout, by customs chowkees of both
Governments that it would not suit io introduce British cereal [grain]
into Daman for the purpose of exportation, as the same would be infalli-
bly sent to a British Port, where duties would be levallthe heavier as
the goods would have lost their nationalitby being sentfrom a Portu-
guese Port, and that the exporter would further have to pay an export
duty at Daman, while by sending, them direct from a British Port, he
would have avoided this burden." :INNEXES TO PRELIMINAILY OBJECTION (C NO. 35) 34I
24. Senhor Rivara is here mistaken-the Commissioner of Customs
informs me that no duty wonld be 11:viedat Bombay on grain imported
frorn Daman, and that the clandestine passing of British grain over the
Daman frontier woiild defraud Government of the duty leviable, it
being viewed as an article "exporteti" when passed into a foreign terri-

tory.
25. "That the Portuguese Goveirnment meets similar cases in the
following manner.

26. Firstly.It holds in Daman the monopoIy of spirituous liquors,
and the importation of such by any person not an Agent of Government
is contrary to law; but such liquors passing through the Portuguese
territory for consumptionin that of Britain are exempt from duties. The
Portuguese Government sends a guard with them to the frontier to see
that they are not diverted from their route, and consumed within its
territory.
27. Secondly. The same course is pursued with other Eritish produce
and manufactures, which daily traverse the Portuguese Perguna of
Nugur Havelee, or Daman and its adjacent territory by land or water;
al1paçs entirely free of duty.

28. ~hirdl~.- LateIy large quantities of very valuable stores for the
Northern Railway on account of a private Company, not on that of the
British Government, also stores for the Electric Telegaph, pass through
the Portuguese territory without paying anyduty whatever.
29. That it had been hoped that a well understood reciprocity would
have been established as to exemption from transit duties, but that
suddenly, about a month since, the duties in question were greatly
increased, thus aggravating the evil and injustice,
30. That the document annexed No. g is a list of the goods which

pay these duties, and of the amount of duties charged.
31. That the Portuguese Government hopes that the British Govern-
ment, not only for the sake of the alliance and friendship which ilnite
the two Sations, but on grounds of pure justice, will replace matters
as regards transit duties, in thesame state as before the year 1848."
32. I have given a faithful abstract of Senhor Rivara's Mernorandum,
if adetailed translation is required, the same can more conveniently and
with more officia1regularity be furnished by the Portuguese T~~anslator

to Governmerit.
33, The çudden rise in the duties to which Senhor Rivara ailudes,
is owing to the Notification published in the Bombay Governrnent
Gazette Extraordinary of the iqth March last.
34. 1 forward with this report an original letter tomy address from
the Inspector under the Collcctor of Continental Customs and Excise,
stationed at Koonta; where the British temtory intervenes between

that of the Daman district, and the Portuguese Perguna of Nugur
Wavelee.
35. This document is marked C. It is a reply to queries of mine as
to what duties were levied; whe~ithese duties were imposed, wlien they
were waived, and when and by what authority they were re-imposed.
The Inspector's statements on the above points aresubstantially correct ;342 ANNEXES TO PRELIMINARY OBJECTIOP: (C NO. 35)

his recommendation which is, ineffect, that the Portuguese Government
should be induced to forbid its subjects to manufacture salt, need not
be dwelt upon; as 1 have satisfied myself that no proposition of the sort
would be entertained.
36. This document and the paper No. 9 appended to Senhor Rivara's
Memorandum, afford the information called for in your letter to my
address No. 1779 of the 11th May last, which wrispartly replied to by me
on the 13th idem.
37. 1 have not thought it necessary to translate the rates in the
two statements, as in a persond conference between the Inspector in
question, Senhor Rivara, and myself, the accuracy of the rates given by
the former wasnot questioned, andasit is the levying of customs duties
at al1 that is complained of; ..if an exact translation is desired, it
can be more authentically given by the officialtranslator.

38. The amount of duty realised on the Portuguese frontier in18571
58 under the system introduced in 1848, and complained of by the
Portuguese Government, was Rs. 7162-the Establishment maintained
for the Collection cost Rs. 476per mensem, or Rs. 5712 per annum, being
a net gain of only Rs. 1450per annum; but the Commissionerof Customs,
informs me that the whole or great part of the Establishment must be
kept up for the protection of the Salt Revenue, even if the duties levied
on the Portuguese produce of Nugur Havelee be discontinued.
39. It may notwithstanding bemaintained by the Portuguese Govern-
ment that the net produce of the taxes complained of is only Rs. 1450
per annum, for the British Government would not admit that it taxed
Portuguese produce, grain etc. forthe purpose of paying Establishments
required for the protection ofits own salt Revenue.
40. I do not suppose that the right of the British Government to
levy duties on goods belonging to a foreign State, passing through its
territories,can be denied, though the policy of doing so, especiaiiy
considering the liberal conduct of the Portuguese Government as shewn
in tbe 28th paragraph of this report, may be worthy of the consideration
of Government, in view to its alteration, as I respectfully submit it is.
41. But as Governrnent, in the event of its seeingfitnow to revert
to the agreement on the subject of the duties under consideration, made
on the 1st May, 1819 ,nd confirrned on the 12th November, 1833 (Vide
paras. 7 and rr of this report), would not probably abandon its right to
act on any future occasion as it might see fit, 1submit that such a
settlement of the question could not be considered final,which 1 under-
stand from the 2nd paragaph of your letter to my address No. 1746 of
the 7th May last, His Lordship in Council wishes any settlement now
effected to be.

42. 1 hvouId therefore respectfully solicit His Lordship's attention
to the proposition made by Senhor Rivara in the concluding paragraph
of his letter to Your address of the 27th April last, suggesting such an
exchange of territory between the two Governments as would secure to
that of Portugal an uninterrupted transit through its own ground from
the Perguna of Nugar Havelee to that of Daman.
43. If such an exchange could be effected, further disputes or diffi-
culties of the nature now under consideration could not arise. ANNEXES TO PRELIMINAIIY OBJECTION (C NO. 35) 343

44. It would probably be necessary to reserve to the British Govern-
ment the ground marked out for the Northern Railway and as much on
each side of the same asmight be considered necessary, asthe Line
passes through the tract of which p:irt musbe given up to connect the
Portuguese Nugur Havelee Perguna with that of Daman.
45. Mr. Spooner the Commissioner of Customs informs me that he
sees no objection to the measure under consideration, provided the
Customs Station of Koonta is not given up as it is conveniently situated
for guarding against contraband trade in salt. There wbelno necessity
for giving up Koonta in effecting the exchange of territory suggested
by Senhor Rivara.
1 have the honor tobe

Sir,
Your most obedient Servant,
(Signed) G. H, POPE,
Lieutt. Colonel.
~omAissioner.
Bombay,

zgrd June, 1859.

POLITICAL DEPARTMENT
Vol. 26 of 1860. Pages 159to 16r~

Poll. Cons. 1850No. 3583.

No. 138
From
The Governor General of Goa,

The Right Hon. Lord Elphinstone,
Governor of the Presidency of Bombay.

Most Ill. & Ext. Sir,
My greatest desire was to see the end of al1 evcry dispute which
continued pending between our two Governments, and I have already
had the pleasure to see some of them concluded with advantage as to
peace and good harmony which should exist between friendly and
allied nations, a conclusion which, with the greatest satisfaction, 1
confess, is due to the just and genersus spirit of your Excellency.

2. And, as 1 reckon upon a contiriuance of the same spirit of justice
and generosity, I take, on this occasion, the liberty to request your
Excy. will be pleased to cause an early decision being passed on the
question which is still pending, of exemption from transit dues of
Portuguese merchandize from Nagar Aveli, which are at present paid at
the British Customs Houses when such merchandize is conveyed from
the said Pargana to the Fort of Daman.344 ,INNEXES TO PRELlMINARY OBJECTION (C NO. 35)
3. Upon this subject the Secretary of this Government, Mr. Joza
Heliodoru da Cunha Rivara while acting as a Commissioner in the settle-

ment of pending questions, handed over to Lieutt. Coll. Pope, a memo-
randum the decision on which is still under the consideration of Your
ExcelIency in Council.
1 take also the liberty to transmit to your Excy. a map of the Portu-
guese Territory of Daman, and of the Pargana Nagar Aveli, duly com-
pared, and request your Excy. will have the goodness to form your
own judgment on it, as related to the convenience of the exchange of
territories, to which thesaid Secretary and Commissioner alluded, and
your Excy, refers in yoiir despatch of the 12May of this year.
The exchange of anarrow piece of land which should unite the Pargana
Nagar Aveli with the other Parganas adjacent to the Fort of Damaun
for a reasonable compensation made to the Rritish Crown, in a diffcrent
place, which may be agreed upon, will, no doubt, be the step, most
advisable tobe adopted, to prevent,in future, the ever mooting disputes,
which have so long troubled the British and Portuguese Governments.

1have the honour to be,
Yours Excy's,
very attentive servant,
(Signed Ilegible.
New Goa.
12th September, 1859.

True Translation.
(Signed) Illegible,

Portuguese Translator to Government.

Daman.
26th May, 1859.

MENORANDUM

The Pargana Nagar-AveIi was merged with the Portuguese State
in the year 1783 by cession made by the, Maratha Peshwa under the
Treaty of 17th December, 1779. That Treaty contains a clause which
establishes the widest exemption and the freedom of trade between the
Portugnese and hlaratha dominions (Document No. 1).After some time
certain doubts and controversies having been raised about the payment
of transit duties on commodities produced in the said Pargana, and
transported tothe city of Daman, crossing the territories which remained
in the possession of the Peshwa, and which are intermediary to that
Pargana and to the city of Daman, the Peshwa, by his Sanads of 26th
Aprjl, 1799, djrected that the paddy, teak-wood, and any other things
which the Portuguese might bring from Pargana to Daman, by water
or land routes, should be allowed free passage without payment of any ANNEXES TO PRELIMINABY OBJECTIOK (C NO. 35)
345
duties, in accordance with the procedure observed since old times, that
is,since the Treaty ; and thus it was observed (Document No. 2).
With the taking over of al1 those intermediary territories by the
British East India Company, new obçtacles were raised by the tax
Collectors and the same Company, against that freedom of transit for

the produce of the Portugueçe Temirories, about which the Governor of
Daman, Dom Jose Maria de Castro e Almedia cornplained to the Hon'ble
Governor of Bombay, in his Ietter dated the 11th November, 1818
(Document No. 3), and the latter, after conducting the necessary en-
quiries replied by Ietter,dated 1st May, 1819,to the effect that the wishes
of the Governor of Daman would be complied with, indicating ai the
same time certain means which he deemed necessary, in order to avoid
frauds.The Governor of Daman goes even so far as to say in his letter
(Para. 6) that according to the information he had received from his
officiais, no difficulties were put in the way of transit, exempted from
duties, in respect of the produce of Nagar-Aveli to Daman (Document
No. 4).
In 1833 the Governor of Daman, JulIiao Jose de Silva Vieira lodged
freçh protests to the Governor of the Company, complaining that that
agreement had been violated, and the Governor of Bombay replied
confirming the same Pact of 1819, about the exemption from duties on
every thing that came from Nagar-Aveli, destined for Daman (Document

No. 5).
Some time thus eiapsed; but in 1844, the British Officials of the
Company again introduced the levy of those duties, and on new protest
Iodged by the Governor of Daman, again those orders were revoked
{Document No. 6) and the things went on as before; and this procedure
was followed and maintained with ft:w exceptions of some partial diffi-
culties raised by snbordinate Agents, up to the year 1848, when the
transit of products from Pargana Nagar-Aveli was made subject to
heavy duties, so that the inhabitants of Daman who till the lands in
Nagar-Aveli, cannot take teak to their homes, the fruit of their hard
labour without paying duties to a. Foreign Nation ; the Portuguese
Government cannot send even a sticlc from their forest for the building
of a single ship or for any other construction work of the Pargana
without paying tax; the Portuguese subjects of Nagar-Aveli cannot
preserve salt or any other comrnodity produced in the Portuguese
territory without effecting payment, in the same way, at the British
Customs of Cunta and Patreta.
The representations made by the Governor of Daman were this time

turned dom, and the reply given was that the Governor of the Company
had discovered numerous cases of excesses, probably on bdh the sides,
defrauding the revenues of the Custorns, and that the Agreement of 1.819
was declared as having ceased to exist. It is suggested that this Pact
was a privilege, and finally an offer is made tothe Governor of Daman to
the effect that the products meant for his private use, might continue
to pass freely without paymcnt of duties. (Document No. 7 & 8.)
The reasons alleged in the Docurrientç are the excesses conimitted,
which cannot be explained in any way, except in relation to the intro-
duction in Daman of the products of the British territories, under the
guise and excuse of being from the Portuguese territory of Nagar-
Aveli. But, such a supposition cannot be easily accepted, since al1 the
borders of the territories are watcheby means of "mettas" or Customs346 ANNEXES TO PREI~ILIINARY OBJECTION (C NO. 35)

Chowkies of both the Governments. It is not even convenient to intro-
duce in Daman, for export trade, foodgrains produced in the British
territory, because this trade being invariably carried out with the ports
subject to the British rule, the British Governrnent would collect in
those ports the relative import duties, which would be much higher, in
case the merchandise had lost its nationality owing to its entry in the
Portuguese territory; on the other hand, the speculator, who might
have made it pass through the Portuguese territory, would have to pay,
in addition, at the same tirne, export duties at the Portuguese port.
The direct export of such commodities through the British Ports, with
the British nationality, would on the contrary exempt the merchant
from that onus.
On their side, the Portuguese Government have met the above-
rnentioned requirements in the following manner :-
(1)The Portuguese Government hold in Daman the wine mono-
poly (Alcoholic beverageç), and its import, on account of any
individual who is not an agent, duly authorizedy the Government,
constitutes a cantraband offence. However, the alcoholic beverages
which pass through the Portuguese territory for consumption in
the British territory, are exempted from duty, and are not also
considered as contraband. And the Government have exercised
care in watching the borders for the purpose of avoiding their being
diverted, while on the way, and consumedn the Portuguese territory.
(2)The same is the case with the other British products and

ParganatuofNagar-Aveli, and sometimes the City of Daman and its
adjoining territory, by the land frontiand by the riversand port,
and al1of which passes freely, without paying anything.

(3) Even recently, crafts from Bombay having called at the
port of Daman, loaded with valuable material, for the Northern
Railway and Electric Telegraphs, manufactured by a British
Company (and not for the accountof the Government), that materiali
was alIowed to transit through the Portuguese territory without
paying any duty.
When, therefore, it appeared that things should have been so arranged
as to do justice to us, and to establish a weli set reciprocity regarding
exemption from transit duties, it is now a month more orless that an
unexpected increase in the same dutieshas been introduced rvhich has
aggravated the situationand redoubled the oppression. The merchandise
on which such duties are levied, and the amount of the levy are listin
the Document Na. 9.
In view of what has been stated, rny ~overnmeni hopeç that the
British Government will, not only in view of the spirit of alliance and
friendship which binds both the Nations, but alsoin viewoftheir infallihle
justice, restore the former system off~ee transit and exemption from
duties, which was observed up to 1848.

Daman, dated the 25th May, 1859.

(Signed) J. H. DA CUNHA RIVARA,
Secretary of theGovt .f Goa on Special Duty. ANNEXES TO PRELIRIINARY OBJECTION (CNO. 35)
347
No. 1.

(Trnnslatzon of thePortugueseOriginal)

COPY.

Article ofthe Treaty between the Portuguese State and the Peshwa,
concluded on the 7th of the month of Gelahis 1180 of the MusIim era
and on 17th December 1779 of the Christian era.
Article One-The vessels, parangues, and boats, for trading, which
come from the Portuguese dominions to those of the Sarkar, with
merchandise for commerce, may do so on paying duty to the Sarkar in
themanner practised from ancient times, without vexation from anyone.
The merchants having sold their merchandise, may freely take with them
vegetables, and other produce. In the same way the merchants from
the dominions of the Sarkar, entering those of the Portuguese with their
boats and parangues, will seli their vrgetables and other merchandise and
buy what they like in exchange, paying duty thereon accordiiig to the
ancient custom established from the beginning and may withdraw
freely without suffering oppression fromany person whatever. And this
shall be reciprocally observed.
True copy-Office of the Governor of Daman, dated the 13th May,
1859
--

No. 2.

(EngZishtranslalion of theMarathi Text)

Bajirao Raghunath Pradhan to tIie Collectorsof Customs ofMahals
in District Bassein dated Tisa Tisein Maya Alaf (1798-1799).
Pargana Nagar Haveli has been assigned to the Firangee of Goa by
the Sarkar for provisioning of Dsrnan. He carries food grains, teak
wood, etc., from there to Daman by water and land. It has now been
brought to the notice of the Huzui that though this is the position
obtaining from the beginning you harass him afresh for Zakat. Hence
this is written to you. The Firangee of Goa should not be pressed for
Zakat when he carries grains and wood by water and land from Nagar
Haveli to Daman. May this be known, Dated 26th Jilkad. Orders be
executed. Seal in writing.

Elzglish translationoj the Portuguese "Translation of the aborleSanad
of theSarkar of Pztnern"
1, Bajirao Ragunath Pradhan, ortier the Shrees Collectors Camavis-
dars of Diity Revenues of the jurisdiction of Bassein who are well
aware that the Pragana Nagar Aveli of the said jurisdictiori of Bassein

has been granted to the "Europeark" of Goa for the provisioning of
Daman by this Sarkar, and since the non-collection of duties on Paddy,
Teak Wood, and any other commodity, which the said "European"
carries by watenvays or by land routes to Daman, has been observed
sincethe old times, and seeing that ihas come under his notice that you
wish to change things, and intend to collect Duties, 1 order you, in
view of this, by means of the present Sanad, that in case the said "Eu-
ropean" of Goa should carry Paddy, Teak Wood, and any other thing348 ANNEXES TO PRELIMlNARY OBJECTION (CKO. 35)

by waterways or by land routes to Daman, he rnay be allowed to do so
without any customs difficulties. Zanigi, dated 26th of the Moon, of
the month of Gelcad, which in Portuguese means 26th April of the year
1799. Agna Pramane, which means that the orders rnay be executed
throiigh one of the Ministers of the said Sarkar. Sign his"Sica".

English translation of tMarathi Text
"Permit of Sarker Rajeçhri Pant radh ha tonthe Kamaviçdarç,
Chaukidars, travellers, the generapublic and the Zakat officersofTisa
Tisein Maya (1798-99).Pargana Nagar Aveli Prant Bassein has been
assigned to the Firangee of Goa by the Sarker for provisioning of Daman.
Grain and Teakwood may be allowed tu be carried from Nagar Aveli
to Daman by water and road without pressing for Zakat. Be it known.
Dated 26th Jilkad. Adhnya Praman (Orders be executed). Lekhan Sima
(end of writing)"

English translation of the Povtuguese "Trans1atio.n ofthe aboveIlastoco
from theSarkar of Pzcnem"

By this Dastoco of my Sarkar, 1,Pant Pradhan, do hereby order the
Tenants, Camavisdars and the other dut y-collectors, and any other person
not to hinder in any way the provisions, teakwood, and any otller
commodities which are carried to Pragana Nagar Aveli forservice in
the Daman fortified city, both by waterway and by land route, seeing
that the said Pragana has been granted from this Sarkar to the State
of the "European" of Goa for the assistance of the said fortified city
of Daman, and consequentiy they should not put any difficulties in the
way of the collection of the duties. Zanigi, thithe26th of the month
of Gelcad which is counted as 26th ofApril 1799 . gna Pramane which
means by one of the Ministers of the Sarkar the order may be executed
-Mortobo Sima, isthe sign of his sniall seal.
True copy-Secretariat of the Government of Daman, dated the
12th May, 1859.
The clerk of the Secretariat-General.

(Signed) Izidoro DE SILVA.

No. 3.

(TransEatiu* a~thePortztguessOrigirad)

COPY.

IliustriouSir,
It is quite possible that Your Excellency is not unaware that by a
treaty concluded between the Governor-General of Goa, in the name
and on behalf of the King of Portugal, and the Kuling House of Punem,
in the year 1780, the Ruler Madhav Rao Narayan Panta Pradhan,
ceded to the Crown of Portugal the Pragana Nagar Aveli, situated in
the neighbourhood of this city, and under the administration, from
that time up tu this day, of the Governor of this Citadel and City,
appointed, by His Most Faithful Majesty. ANNEXES TO PRELIMINAKY OBJECTION (C NO. 35)
349
As the situation of that Pragana Nagar-Aveli was such that al1 its
local produce could not be carried to this City without passirig neces-
sarily through some villages of the Praganas of Naer Sanjana and
Colona Pavary, belonging to the Marathas and adjoining the above
mentioned Pragana Nagar-Aveli, it was provided in one of the clauses
of the said treaty that al1 the commodities produced in the Pragana
Nagar-AveIi, which were destinied for the Portuguese possessions of

Daman, should be completely exempted from any Duties or pensions,
and that in al1 other circumstances, besides the one specified, they
should be subject to Duties. And this was observed for rnany years,
until one of the Maratha Chieftains who was entrusted with the adminis-
tration of the said Praganas, bordering this city, tried to circumvent
that clause with wrong interpretations, owing to which fact, this Govern-
ment having informed the Ruler of Punem, Baji Rao Rogunath,
the Iatter irnrnediately ratified the said Clause, directing the issue of
the Sanad-the copy of which Your Excellency will find enclosed
herewith-in order that the said chieftain should not only take due
cognizance of that Clause, but also not raise any fresh cloubts, in future,
regarding that matter. After some time, it so happened that one of the
Maratha Chieftains entered into an arrangement with the Governor
of this Citadel and City, to the effeci.that, in order to obviate al1kinds
of doubts and mistrusts, regarding the kinds of products from the
Nagar-Aveli Pragana, which were to enter this City for its consumption,
it would be convenient that the said commodities with their description
should be specified in documents, stamped and initialled by the Gover-
nor, which was agreed to, and thus it was observed practically from that
time. onwards. This arrangement, however, brought in its wake certain

hardships to small tenants and to the masses who, cultivating some
plots of land in the said Pragana Nagar-Aveli, and still others proceeding
to the said Pragana for the purpose of buying things to provide for
their needs, or for buying timber for building and repairing their houses,
could not very easily obtain from this Government the required docu-
ments, stamped and initialled, the absence of which made it necessary
for them to pay, while passing through the Maratha vilIages, the Duties,
and pensions, and thus it came about that the entire exemption from
these Duties and pensions, on al1the commodities produced in Pragana
Nagar-Aveli entering the Portuguese possessions of Daman came to
nought, and was applicable only to those few commodities which were
covered by the above-mentioned documents stamped amd initialled by
this Government. In the meantime, taking cognizance of these hardships
to which were subjected a large number of people of this City, the
administration ofwhich was entrusted to me by my Sovereign, 1 intended
to put an end to them by entering into new arrangements with the
Maratha Chieftains, my neighbours; but the event which occured in
the same year, whereby al1 the Masatha possessions were taken over
by the Honourable British India Coinpany, prevented me fronl giving
effect to my intention, being pleased, at the same time, that 1 had to
deal about the matter, with a European Nation, like mine, bound to
the United Kingdom of Portugal by the closest bonds of friendship,

and when relying on this consideration T was about to submit the
matter to Your Excellency, 1 am forced to hasten this step, in order
to represent to Your Excellency that the present Collectorof the Duties
and pensions, introduced in the I'ragana of Near Sanjana and of -4NNEXES TO PRELIhIINARY OBJECTION (C NO. 35)
39
Colona Yavary, not only claim Duties and pensions on al1 the com-
modities which are carried to this City from the Pragana Nagar-Aveli,
without exemption on any article, however trifling, but also refuse to
declare exemption in respect of even those same commodities which,
by means of documents dulystampedand initialleby this Government,
show that they are for consumption in this City. Therefore,t is my duty
to demand from Your Excellency the strict fulfilment of the above-

mentioned Clause of exemption from Duties, and other peiisions, on
al1 commodities and timber which rnay be carried from the Pragana
Nagar-Aveli to this City and Citadel of Daman, by Iand or rivers, which
1 hope will be done, without vexations, because it is a well-known fact
that the wise British systemadvises that no practice establishedby the
former Maratha Government should be changed, and much less that
the treaties concluded between that Asian Government and a European
Nation, their closest ally, should be violated. And being assured on
this point, and above al1on the justice of this cause1request an early
deciçion of Your Excellency, to the effect that the present doubts or
discordç of the said Collector of Duties and pensions will be ended, so
that 1 may have further reasons to increase the consideration with
which 1have the honour to be, Your Excellency, Evan Nepean.

Yours faithfully,
(Signedl Dom José Maria DE CASTRO E ALMEIDA.

Residence of the Government of Daman, dated the 11th November,
1818. Registered on page forty two of the Book of the Factory. True
Copy. Secretariat of the Daman Government, dated the 12th May, 1859.

The Clerli of the Government Secretariat,
(Signed) IzidaroDA SILVA.

No. 4.

(TvansEation ofthePortugueseOriginal)

COPY.
To

His Excellency, Dom Jose Maria de Castro e Almeida,
Governor of Daman.

Illustrious Sir,
First-1 had the honour to receive your letter, dated the 11th Novem-
ber last, in which you request me to issue orders to declare exempted
from the payment of Duties, al1the articles produced in Pragana Nagar-

Aveli, North Kankan, which might pass through the British Territories,
and which are for consumption in the City of Daman, a privilege which
was granted under a Treaty concluded by the Governor General of Goa
with the Government of Punem, in the year 1780, and subsequently
amended under an arrangement with the local hlaratha authorities,
requiring that al1articles exempted should be listed in certificates issued
by the Governrnent of Daman, before they wereallowed topas, exempted
from payment of Duties. You desire that this arrangement should ANNEXES TO PRELININARY OBJECTIOX (CNO. 35)
35'
be declared invalid, in some way or the other, as it involves clifficulties,
and that the original terms of the 'Treaty should be observed. Second-
1regret the delay in replying to your request, a circumstance which was
unavoidable, as the result of inquiries which 1 was bound toconduct
about this matter, and 1 am now happy to inforrn you that yonr wishes
ihalI be satisfied, hoping that will establish the necessary regulations

to prevent effectively any articles, other than those which are bona-fidc
fruits and produce of Pragana Nligar-Aveli, and destined for use in
Daman, from being clandestineIy introduced within the boundaries of
your jurisdiction. Third-In case the signing of those certificates gives
you, personally, any trouble, thert: is no objection to your entrusting
that work to any official of your Government, and Ihope that, in this
case,1 rnay be informed of the appointment of the said official to whom
that work may be entrusted. 1 request also that the Certificatesmay be
issued both in Marathi and Partuguese, because few officials in Charge
ofthe collection of revenues in Korikan understand the latter language.
Fourth-It is necessary to explain to you that at the time of cession of
the North Konkan by the Peshwa to the British Government, no corn;
munication was made about any reservation of priviIeges to the Portu-
guese Government. Consequently it follows that any exemption that
might have been granted, cannot be considered in any way, as binding
on the British authorities; however in view of the friendly relations
which fortunately exist between the two Governments, you rriay assume
that we are wilIing to satisfy youi- wishes always, whenever possible,
taking into consideration the interejts of my Hon'ble superiors. Fifth-
In order to avoid any transgressioii of the Iaws of finance of both the
British and Portiiguese Governments, 1am convinced that you will have no
objection to the local financeofficersexercising the powers of exarnining
packages wIiich' are camed, wheriever they have good reasons to
suspect that they contain contraband articles. Sixth-From the reply
received from the officials of this Government to whom your application

was subrnitted, I am told that theri: has been no difficulty in the trans-
port, free of duty, to Daman of the Xagar-Aveli products, on production
of certificates, issued by you, owing ta which fact1 am doubtful about
the truth of the information which you have received, stating the
contrary. Seventh-It is understood that the inhabitants of the Pragana
of Bagavara shall invariably enjoy such a privilege in the transport of
the commodities for their consumption from the district of Nagar-
Aveli to that of Bagavara against a certificate issued by the Tha~iadar,
and as that Pragana now belongs to this Government, it is hoped that
you will authorise the continuation of this privilege as it exists at
preseni.
1 have the honour to be, Sir,
with sincere respect and esteem,
Castle of Bombay. Your humble servant,
(Signqd) EVAN NEPEAN.
Dated the 1stMay, 1819.
True Copy.
Secretariat of the Government of Daman.

Dated the 12th March, 1859.
The Clerk of the Government Secretariat,

(Signed) Izidoro n.4 SILVA. ANNEXES TO PRELIMINARY OBJECTION (CNO. 35)
352
No. 5.

His Excellency Senhor Juliao Jose de Silva Vieira, Governor General
of Daman.

Most Illustrious Sir,
With reference to Your ExcellencyJs ietter of the 11th Ultinio, 1have
the honor to intimate Your Excellency extract of one dated the 12th
instant from the Secretary to the Rt. Hon'ble the Governor-in-Council as
folfows: "That the British Governrnent will strictly adhere to the
arrangement made between the two Governments in 1819; by which it
was agreed that all goods the produce of Nuggur Huwelee, passing the
Hon'ble Conpany's district, and required for the interna] consumption
in Damaun, should be exempt from customs, while no customs should be
levied by the Portuguese authorities on Timber for building and fuel
brought from Nuggur Huwelee for consumption in Bupara. In the
case in question, Bis Lordship in Council conceiving that the agreement
has not been infnnged by a demand for the usual customs on Timber
exported from Patullea, Bunder, which has nat yet been proved to be
the produce of Nuggur Hawelee, which is the condition on which alone
its claim to exemption can be admitted." 1 have the honor to be Your
Excellency's most obedient and humble servant. J. Vibart, in charge of
the Agency-Surat Office of Agent for the Rt. Hon'ble the Governor,
15th November, 1833,

Tme copy. J. H. DA CUNHA RIVARA.

No. 6.

No. 104of 1844.
Political Department.

To His Excellency the Governor of Damaun. Iliustrious Sir. With
reference to your predecessor's letters to my address dated the and and
5th January, and 5th Marck 1844, Iave the honor to transmit for your
information copy of an answer received to my communication on the
subject frorn the Acting Deputy Collector of Continental Customs and
Excise, dated tlie 29th instantNo. 102. Ihave the honor b be,Illus-
trious Sir, your most obedient servant-R. Arbuthnot. A. G. Surat
Officeof Agent for tliHon'ble the Governor. 30th April 1844.

En~loszkre
No: 102 of 1844. Territorial Department Revenue.
To Sir R. K. Arbuthnot Bart. Agent for the Hon'ble Governor- Surat.

Sir,
With reference to my letter of the 15th instant, No: 94,1 have the
honor toinform you that 1have received instructions from the Collector ANNEXES TO PRELIMINARY OBJECTION (C NO. 35)
353
of ContinentaI Customs authorising me to reçcind the orders given by
Mr. Bettington which were complained of by the Government of Damon
and that I have, in consequence, clirected the Sircarcoon of :Bhugwara
to pas free of duty under the ucual permits from the Governor, a11
articles the produce of Nuggur Havelee which may be brought through
the Company's districts for the consumption of Damaun. 1 have the
honor to be etc. SignedW. A. Jones. Acting Deputy CoIlector of Conti-
nental Customs and Excise. Surat, Office of the Deputy Collector of
Continental Customs and Excise, 29th April 1844-Tme copy. R.
Arbuthnot A. G.

lrue Copy, J. H. DA CUNHA KIVIRA.

No. 7.
NO: 159 of 1848

Political Department.

To His Excellency the Governor of Damaun: Illustrious Sir. In
acknowledging the receipt of Your Excellency letters NoII,dated 20th
instant,I have the honor to fonvard for your Excellency's information
copy of one from the Deputy Collector of Continental Customs and
Excise, receivedin answer to my communication made to him on the
subject.1have the honor tobe your most obedient servantH. C.Andrews
-Surat Office ofAgent for thRt.Hon'ble the Governor. 3rst May,1848.

Enclosure
From the Deputy Collector of Continental Customs and Excise. To
the Agent to the Right Hon'ble the Governor. Sir. 1 have the honor to
acknowledge your letter with enclosure and in reply beg to informyou
that the matter referred to by the Governor of Daman has been laid
before Government. 2nd. The orders complained of were authorised by
me, and it isimpossible to comply with his ExceIlency's requestIhave

the honor etc. SignedA. Bettington D.C.Surat 29th May, 1848.

True copy (Signed H).C. ANDREWS.
Truc copy, J. H, nA CUNHA RIVARA.

No. 8.

No. go of 1849.
Political Department.

To His Excellency the Governor of Darnon. IlIustrious Sir. With
reference to your letter to me of the 20th Ma1848 No. IIand to your
letter to the Right Hon'ble the Governor of Bombay dated 12tIDecem-
ber last No.39, complaining of certain acts otheCollector of Customs.
1 am directed by the Right Hon'ble the Governor-in-Council to inform
your Excellency that as it has been discovered that numeroiis abuses
(probably on both sides) have taken place in defrauding the customs, the
agreement entered into in.D. 1819of pemitting tlie produce of Nuggur354 ANNEXES TO PRELIMIKARY OBJECTIOK (C NO. 35)
Haveilee to pass duty free over the British frontier into Damon, upon
the Damon Government allowing building timber and fuel.to be similarly
exported from Nuggur Haveilee into Bugwara, is to cease, and that

henceforth the British Government will no expect the contiriuance of
this indulgence, or grant its equivalent to the state ofmon.
2nd. I am further instructed to acquaint your Excellency that it never
was the intention of the British Government to put your Excellency's
household to any persona1 inconvenience, and that the stoppage and
demand for duties on such articles as are rnentioned by you passing the
frontier had ariseii from the abuse of the privilege'formerly granteby
which the custom dues had been considerably defrauded; but that
orders will now be issued to paçs duty free ali such articles as those
enumerated by your Excellency, on the production of your certificate
intimating they were for your private consumption. I have the honor to
be, Illustrious Sir, your rnost obedient servant. W. Andrews. Surat,
Office of Agent for the Right Hon'ble the Governor. 25th May 1849.
True copy J. H. da Cunha Rivara.

No. 9.
COPY
Staternent showing that duty iç at present levied in the English
Customs of Cunta on articles in Transit from Nagar Aveli to Daman.
"On each 'ara' of paddy or vegetables, one rupee and half and

two annas; or two annas on every Bengal maund, equal. to two
and half 'paras' of Daman, corresponding to eight and half per
cent.
"On each 'andarvet' or three and half 'arrobas' of butter, on
the basis of itsvalue at twenty rupees the 'andarvet' the duty
amounts, at three per cent to half a rupee and one and half annas-
"On each 'Surrate' Kandy of firewood, equal to twenty two and
half 'arrobas' valued at three rupees the Kandy, the duty amounts
to two annas and six sevenths-

"On each 'andarvet' or three and half 'arrobas' of Carapat or
Gingilly oil, valued at ten rupees the 'andarvat', the duty amounts
to half rupee, two annas, and three fiftlis-
Bees' honey ,
Hides
Tirnber and bamboos
Linseed three per cent
Dry grass of relative appraisal
Raw \Vau about which precise data
Carapat and Gingilly seeds could not be obtained.
13ark for dyeing nets
Charcoal
Hemp

heef Cattle
Goats and sheep
Poultry FreeIy
And other live animals
Sugar Cane Jaggery ANNEXES TO PRELIibII'JARY OBJECTIOS (C XO. 35) 355
On articles itransitfromDaman toNagai Av~li

SaIt, on every Bengal maund, equal to two and half 'paras' of Daman,
three fourths of a rupee.
Dry fish, ten per cent on the basis of its value at two rupees per
'andarvet' or three and half 'arrobas', thduty amounts to three annas
and a quarter.

Cocoanuts, on the basiç oftheir value at twenty rupees per mille,
the duty per mille amounts to two rupees at ten per cent.
Cloth from Daman at twenty per cent ad valorem.
Customs of Daman, dated the ~26thMay 1859-

The Clerk, Joaquin DE SOUZA BA.RROS.-
True Copy-Office of theDnmari Government, dated the 26th May
1859-
The C1r:rkof the Government Secretariat
Izidoro DA SILVA.

Poll. Cons: 1860. h'o. 7359. (Page No. 249.)
To
His Excellency the most Illustrious
General Viscount de Torres Novas
Governor General of Portuguese India,
Goa.

Most [Ilustrious & Excellent Sir,

With reference to rny predeceçscir's letter dated the 25th May last
to Your Excellency's address, 1have the honor to inform your Excellency
that after full enquiry and consideration, the proposed cession ofany
portion of the British territory bet~veen Damaun and the district of
Nuggur Havelee has been found to 1)impracticable.
2. 1 beg, most Illustrious and Excellent Sir, that you will accept
the assurance of profound respect with which 1 have the honoi- tobe,

Your Excellency's most obedient Servant.
For Approval,
(Signedj Illegible.

Chief Secretarv.
Bombay Castle.
28th Sept., 1860.
(Signed) Illegible. Annex C. No. 36
National Archives,New Delhi

FOREIGN DEPARTMENT

Interna1 A. 1895. Nos. 7-26.

No. II. No. 164, dated Surat, the 27th November, 1861.

Memo. from-R. P. Robertson, Esq.,
Deputy Commissioner of Customs, N.D.
To-The Inspector in charge of Bagwara Frontier.

Under instructions received from the Commissioner of Customs in his
No. 1571 of the 14th November, 1861, forwarding copy of letter No. 3656
of the 12th idem, from Government in the Political Department, and its
accompanying extract paragraph 4 from the Despatch No. 35 of the
6th September, 1861, from the Secretary of State for India sanctioning
that the produce of Nagar Haveli may be allowed to pass free of duty
for use in Daman, the Inspector in charge Bagwada Frontier is directed
that al1goods being the produce of Nagar Haveli and accompanied by a

pass from His Excellency the Governor of Daman certifying that the
goods are the produce of Nagar Haveli, stating the nature, quantity,
number of packages of goods and the narnes of persons carrying them,
and that the said goods are to be carried to Daman, shouid after due
examination and comparison with the details given in the pass be
allowed to pass across the Kunta and Patharpunja Nakas free of duty.
2.Care should be taken that goods, being the produce of any other
Taluka are not passed duty free across the Frontier, uiider this con-
cession.

3. The date from which this exemption is brought into force should
be reported to this office.
4. A monthly statement showing the particulars of the goods, the
number of packages, weight and the approximate value of goodsso passed
free of duty, should be submitted to this office, and a consolidated
statement should be submitted at the end of the year.
5.These goods should only pass through the Kunta and Patharpunja
Nakas, and a register, paged and sealed with the Deputy Comrnissioner's

seal, should be kept at these two Nakas. The passes accompanying such
goods signed by His ExccLlency the Governor of Daman should be
numbered consecutively and filed with the Register.
6.The rule requiring the. importer3 of goods to be passed across
several Nakas in transit to declare at the first Naka that they will be duly
passed through the other Nakas, should be enforced under tliese orders
also. ANNEXES TO PRELIMINARY OBJECTION (C NO. 37)

Annex C.No. 37

Surat Agency. Voletme 29

No. 64 of 1851.
From

J. M. Davies Esquire,
Incharge of the Agency ai Surat.

To
His Excellency the Governor ofDaman.

Political Department.
Dated June, 1851.
IllustriousSir,

I have the honor to fonvard copy of an application made to me
by the Magistrate of the Zillah of Surat dated the ~1st May last and to
request the exercise of Your Exceliency's good offices on the subjecso
far as it rnay appear to Your Excel1t:ncy just and proper.
1 have the honor &c.
(Signed) ILlegible,

In charge of the Agency.
Surat
Office of Agent ?cc.
4th June, 1851.

GOVERNMENT OF DAMAUN

Illustrious and Excellent Sir,
In reply to Your Excellency's letter of the 4th Instant No64 giving
cover to one from the Magistrate of the Zillah of Surat with accom-
paniments from the Police Ofhcer c;the Bhugwarah Pwga relative to
robberies perpetrated in the villagesof that pwga by subjects of this
Government, those of the British, ;and of the Rajah of Dhurumpore,
some recently perpetrated and some at a distant period. The Judge of
this city to whom 1 had submitted al1 the papers connected with the
case in question, as they relate to his authority,1 have the honor to
hand up to Your Excy. two Copies of the replies received from the
Judge to my communication made to him on the subject, with which 1
am persuaded both Your Bxcy. and the Magistrate will agree. 1request
Your Excy. wiil have the goodness to cause necessary orders for the
apprehension of DoobIah Sanero from the viIlages belonging to your
Government also the transmission to this City of Dooblah Gopla Nanah,
who is in Custody at Bhugwarah, or at least, his confession iri fuas,
requested by the Judge.
1 am sorry 1 cannot give my assent to the request of the Magistrate
to permit his officers to enter the villages belonging to this settlement
for the purpose of apprehending offtmders, but 1 shall punctually give
effect to ail your requisitions, as 1 have hitherto doinapprehending355 AXKEXES TO PRELIMINARY OBJECTION (C NO. 38)

offenders, who committed offences in villages belonging to Your Govern-
ment and afford such information as will throw light on the subject Your
Excy. may require. Furiher I beg to assure Your ExceIlency that1have
the servicesof a well organised Police atmy command, but the cause
why al1offenders are not apprehended, is because they commit offences
and fly away from this territory or conceal themselves in the villages
belonging to Your Excellency's Govt. for such has often beeii the case.

May Cod preserve Your Excy.

His Excellency the Governor of Surat.
(Signed Illegible,
Governor of Damaun.

True Translation,
(Signed) W. E. FRERE,

Acting A. G.
Damaun Castle,
17th June, 1851.

Annex C.No. 38
National Archives,New Delhi

For. Secret No. 521of 27 Nov., 1857.
Fort William,

Foreign Dept.,
27th November, 1857

No. 4781.

His Excellency the Govr. Genl., of the Portuguese Possessions in
India,
Excellency,

It has given the Supreme Govt. great satisfaction to learn from the
Bombay Govt. of Your Exceiiency having permitted a detachment of
British Troops, deçtined for the Southern Maharatta Country, to pass
through the Goa Territory,and of the authorities there having rendered
the detachment cvery assistance in its transit.
2. Ibeg Your Excellency will accept the thanks of the Supreme Govt.
for the ready and cordial assistance afforded by yourself, and the
authorities under you, onthe occasion referred to, and be assured that
the Govt. looks upon it as a real proof of Your Excellency's desire to
carry out the instructions which have been sent to you by the Govt.
ofPortugal in reference to the revolinBritish India.
I have etc.
(Signed) CANNING. ANNEXES TO PRELIMINARY OBJECTION (C NO. 39)

Annex C. No. 39

RecordOfice,Bombay

1859

POLITICAL DEPARTMENT
Volume 8. No. 1022.

Regarding io thecase of IwoPortugue:ieSoldierswho were deprivedof their
Rayonet: by thePoliceof Tarrapoor Î'nthe Tanna Collectnrate

No. 80 Pol. Cons. 3 Jiine,1856 No. 4502.4.
Page No. 259 to260.
From
The Governor General of Goa.

To

His Excellency Lord Elphinstone Governor of the Presidency of
Bombay.
Dated New Goa. 16th May, 1859. ,
Most Ill. and Exct. Sir,

Ihave the honor to bnng to your Excellency's notice, that the Govern-
ment of Daman informs me, that having sent to Bassein two Soldiers
with broad belts and bayonets and f'urnished with the necessary passes
bearing the Government seal on them, for the purpose of escorting thence
to Damaun, the Judge, Mr. Cartano de Souza Varconcellov, expected
from Bombay, and also of serving him as interpreters of the Gozarathee
Language they (the Soldiers) were disarmed of their bayonets by the
Police Officers at Tarrapoor, notwithstanding that they produced their
passes to him. They were moreover told, their bayonets would not be
given to them, but that if they wished they might proceed onwards or go
back-The soldiers then returned to Damaun with the said Judge,
without their bayonets. This circumstance has been represented to the
Magistrate of Tanna but no reply ha yet been received.
I regret the occurrence of suca cace, and request that your Excellency
will issue the requisite instructions with the view to prevent a recurrence
of the same. In the territories of Damaun and Goa, English soldiers
carrying arms are allowed to pass unmolested, and it is not beexpected
that Portuguese soldiers will be stopped from doing the same within
British territoriesparticularlyas thi:re is this additionacircumstance

connected with Damaun, vu., that there are several Portuguese villages
situated within the limits of the British Territory.
1 have the honor to be
Your Excellency's

Very Attentive Servant.
{SigrfiedIllegible.

{True Translation)
(Signedj Illegible,

-- Portuguese Translator.360 .4NNBXES TO PRELIMINARY OBJECTION (C NO. 39)

POLITICAL UEPARTMENT
Vol. No. 8 of1859,Page No. 262.

That the Magistrate of Tanna be directed to send the bayonets of the
two Portuguese soldiers to Damaun with as little delay as rnay be
practicable and with a letter intimating that the soldiers were deprived
of their arms through a misapprehension of orders. Portugueçe soldiers
having passesshould be permitted to retain their arms.
The Governor General should be informed of the issue of these orders
with an expression of the regret of this Govt. that the inadvertence
should have occurred.

POLITICAL DEPARTMENT
Vol. No. 8 of1859.

Pol. Cons.: 1859 No. 45ozC. Page No. 267 to 268.

IMMEDJATE.
No. 2547of 1859.
Political Dept.
To :

J. R.Morgan, Esquire
Magistrate of Tanna.

Sir,
1 am directed by the R.H.G.C. to fonvard to you the enclosed trans-
lation of a letterfrom H.E. the Governor General of Goa dated the
16th of lastrnonth, No.80, relative to the case of two Portuguese Saidiers
who were deprived of their Bayonets, by the Police of Tanapoor in the
Tanna Collectorate, and to request that you will after making the neces-
sary enquiry report to Government the circumstances under which the

two soldiers were so disarmed.
2. 1 am at the same time desired to request that you will direct the
restoration of the arms to the Portugueçe authorities at Damaun witki
the least practicabledeIay.
(Initl'alledIllegible.
Bomba y Castle,

zznd June, ~859. ANNEXES TO PRELIMINARY OBJECTION (C NO. 39) 361

POL. IbEPT.
Vol. No. 8 of1859. Page No. 269-70,

No. 1,001 of1859.
From :

J, R. Morgan, Esquire,
Magistrate of Tanna.
To : Tanna Magistrate's Office,

H, L. Anderson Esquire, Matheran.
Secretary to Government. 3rd June, 1859.
folitical Department. Bombay.

Sir,
In acknowledging the receipt of your letter No. 1962 of the 2nd
Instant-1 have the honor to state for the information of Govt. that oq
receipt of a report from the Sunjan District Police Officer dated the
25th of April iast-that two Seapoys belonging to the Daman Govern-
ment had been stopped by the Policat Dhanoo, and that tho' they were
furnished with a pasno mention wx; made about arms-and that two
bayonets had been detained. I immediately insfructed the District
Police Officer on the 2nd May1st that the arms had been improperly
detained and that they were to be imniediately conveyed to Deman-this
was done and their receipt acknowleclgedunder date the 19th ultimo. 1
also beg to state, that on the receiofa letter from the Governor of
Demaun, dated the 28th Aprillast on this subject, a rewas returned
on the 2nd ultimo, that the Police OAicerhad been instructed to convey
thearms to Deman.
1 have the hoiior to be,
Sir,
Your most obedient Servant,
(Signed}Illegible,

Magistrate.

POLITICAL DEPARTMENT

Vol. 8of 1859.
Pol. Cons:1859 ,o. 5237. Page No. 273.

No. 2536of 1859.
To
J. R. Morgan Esquire,

Magistrate of Tanna.
Sir,

1 am directed by the R.H.G.C. to acknowledge the receipt of your
letter No. Ioor dated the 3rd instantrelative to the detention of the362 -1NXEXES TO PRELIillIXARY OBJECTION (C NO. 39)

bayonets of two Portuguese Soldiers by the district Police Officer of
Tarrapoor.
2. In reply 1 am deiiiid to infor& you' that your proceedingç are
approved by Govt. and thata communication to the effect of your letter
wjll be made to the Governor General of Goa.
. )
, (Initiallad) Illegible.
B. Castle, .. ,
21st June, 1859,

I.

POL. DEPARTMENT .'l

Vol. 8 of 1859.
Pol. Cons. 1859, No. 5361. Page No. 275-76.
To

His Excellency the Most IIlustrious
General Viscount De Torres Novas
Govcrnor General of Portuguese India.
Goa.

Most IIlustrious and Excellent Sir,

, 1 have the honor to acknowledge the receipt of your letter No. 86
dated the 16th ultirno relative to the case of t~o Portuguese Soldiers.
who were deprived of their bayonets by the Police of Tarrapoor in the
Tanna Collectorate.
2. In reply I beg to inforrn your Excellency that in a communication
received from the Magistrate to Tanna that Officer states that on the
25th April last he received a report from the District Police OfFicerat
Dhanoo to the eflect that the bayonets of two Portuguese soldiers had.
been detained by him because in the Pass they camed no mention was.

made of arms.
3. The Magistrate further states that immediately on the receipt.
of'the above report he instructed the District Police Officer to cause the.
bayonets to be sent to Demaun as they had been improperly detained,
and that the arms were accordingly sent to, and made over to the.
authorities atthat place by whom their receipt was duly acknowledged.

4. From the foregoing statement your Excellency will perceive:
that the arms of the two Portuguese Soldiers were detajned through an
inadvertence which this Government regrets and which 1 hope will not
occur again.
For approvd

(Initialled)Illegible (Signed) 1llegibie.
Secy. to Government-
B. Castle,
24th June, 1859. dNNEXES TO PRELIMINAICY OBJECTION (C NO. 39) 363

POLITICAL DEPARTMENT

Vol. 8 of 1859, Comp. 1022.

Translation of letter #rom the Gove~norGeneral of Goa lo the Governor of
Bombay (done on5/2/1957,.

The General Viscount of Torres-Novas, Govemor General of
Portuguese India, to His Excelleniiy, Lord Elphinstone.
Governor of the Bombay Presidency.

111.nd Exc. Sir,

1 have the honour to inform you that the Governor of Damào haç
stated to me that having sent from there, with the necessaryaiithoriza-
tions sealed with the Government seal, two soldiers to Bassein, armed
with broad belts and bayonets, in order to escort to Bamao the judge
Caetano de Souza e Vasconcellos, who was.in Bombay, and ta act for
him as Gujrati interpreters, they were disarmed, their bayonets having
been taken from them, by the police officer of Trapor,despite the fact
that he was shown the said authorizations; furthermore he declared to
them that he was not ordenng the return to them of their bayonetç, and
that they should either proceed or go back; accordingly the soldiers

returned to Dam20 with the said jucige, without their bayonets; and a
representation having been made to the Magistrate ofThana the latter
did not reply.
Regretting that such an incident should have taken place, it behoveç
me to request Your Excellency to take steps with aview to prevent such
incidents,in view of the fact that in the territory of Dam50 and in that
of Goa English soldiers come and go armed without anybody causing
them hindrances when they hold the necessary authorizations issued by
the English aiithorities; and consequently itisnot tobe expected that
the same procedure should not be adopted in respect of the Portuguese
soldiers in the British territories, inasmuchas in DamXo it so happens
that there are many Portuguese villages surrounded by British temtory.
1have the honour to be,Sir,yours faithfully,

(Signed) VISCOUNT OF TORRES-NOVAS,
Nova Goa, dated the 16tli May, 1859.

NOTE:-Contemporary translationis alreadyin the file.It, however,differs
slightly from the above translatwhichis more accurate. ANNEXES TO PRELIMINARY OBJECTION (CNO. 40)
364

Annex C.No. 40
National Archives, New Delhi

FOREIGN POLITICA A. SEPTEMBE R8,81
Nos. 81-90

TREATY OF COMMERCE AND EXTRADITION

BETWEEN HERMAJEÇT YND THE KING OFPORTUGA AND THE ALGARVES
WITH REFEREFCE TO THEIR INDIAN POSSESSIONS

Signedat Lisbon, December Ath, 1878.
(Ratifications exchanged at Lisbon, August 6th, 1879.)

Her Majesty the Queen of the United Kingdorn of Great Britain and
Ireland, Empress of India, and his Most Faithful Majesty the King of
Portugal and the Algarves, being equally animated by theire to draw
closer the ancient ties of friendship which unite the two nations, and to
improve and extend the relations of commerce between their respective
dominions, and judging it convenient to substitute for the privileges
accorded to Portuguese commerce at Surat a system more in harmony
with the fiscal interests of British India and those of Portuguese India,
Their Majesties have resolved, with these objects, to establish a Customs
Union between the possessions of their respective CrownsIndia,and
to conclude a Treaty of Commerce and Extradition for the said posses-
sions.
And for these purposes have named astheir Plenipotentiaries, that
is to Sa:-
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Empress of India, Robert Barnet David Morier, Esquire,
Companion af the Most Honourable Order of the Bath, Envoy Extra-
ordinary and Minister PIenipotentiary of Her Britannic Majesty at the
Court of His Most Faithful Majesty, &c.&c., &c.,
And His Most Faithful Majesty the King ofPortugal and the Algar-
ves, Senbor Joao de Andrade Corvo, Councillor of State, Peer of the
Realm, Minister and Secretary of State for Foreign Affairs, Professor in
the Polytechnical School of Lisbon, Lieutenant-Colonel of Engineers,
Knight Grand Cross of the Ancient, Most Noble and Illustrious Order of
St. James for the reward of Scientific, Literary and Artistic Ment,
Knight Commander of the Order of Christ, Companion of the Military
Order of Aviz, Effective Knight Grand Cross of the Order the Rose
of Brazil, Knight Grand Cross of the Legion of Honour of France, of
Leopold ofAustria, of Saints Maurice and Lazarus of Italy, of the Royal
Order of Charles the ThirdofSpain, of the Order of the Polar Star of
Sweden, Officer of Public Instruction in Fran&c.,&c., &c.,
Who, after having communicated ta each other their respective full
powers, found in good and due form, have agreed uponand concluded
the following Articl:-

ARTICLE 1.
There shali be reciprocal freedom of commerce,navigation and transit
between the Indian dominions of the Wigh Contracting Parties. AXNEXES TO PRELIMIKAILY OBJECTION (C NO. 40)
3%
Such freedom of commerce, navigation and transit sfiail not extend
to contraband, articles of war, or to articles of which the exportation or
importation is prohibited by this Treaty, or by any law nof inconsistent
therewith, now or for the future iri force in the Indian dominions of
either Party.

ARTICLIE I.
The subjects of each of the High Contracting Parties shd be entitled
to enter into and to travel and reside in the Indian dominions of the
other; to have and own lands and Iiouses therein; to open warehouses
and wholesale and retail shops, and otherwise to trade witli perfect
freedom therein.
The subjects of each of the High Contracting Parties availing them-
selves of the above permission shallenjoy in the Indian dominions of the
other, in respect of commercial and industrial pursuits, al1 privilegcs,

immunities and other advantages which are or may be accorded to the
subjects of the other, and çhall not be liable to any general, special or
local imposts whatever, except those which are or may be imposed on
such subjects; but they shall be in al1respects amenable to the general
laws and statutes in forcein such dominions.

ARTICLI.E II.
The ports, harbours, roadsteads, basins, creeks and rivers in the
Indian dominions of each of the High Contracting Parties shall be open
tothe commerce and navigation of the subjccts of the other, on the same
conditions as those on which they are open to the subjects of the Party
inwhose dominions they are.
The coasting and carrying trade, between one port and another in the
Indian dominions of each of the High Contracting Parties shall be open
to the vessels of the other, without any restriction except such as is or
may be imposed upon national vessels.
No vesse1 of one of the High Contracting Parties shaU be subjected
bythe other to any harbour or navigation dues of any description what-

soever, or to any regulations for stationing, loading, unloading, or
otherwise, to which national vessels are not equally subject, or shall be
denied any privilege which is accordt:d to such vessels. I
The Righ Contracting Parties rescrve to themselves respectively the
right of retaining, increasing, modifying and abolishirig the dues and
charges on navigation in their respective Indian dominions, and of
establishing new dues and charges of a like nature.

ARTICLEIV.
The yrivileges and engagements comprised in Articles 1, II and III
of this Treaty shall extend to Native States which, by Treaty with Her
Britannic Majesty or otherwise, rnay be entitled to be placed, in the
rnatters referred to therein respectively, on the sarne footing as British
India. The Governor-General of British India will, from time to time,
communicate to the Governor-General of Portuguese India a list of
such Native States.

ARTICLE V.
-The High Contracting Parties agrt:e to use their best endeavours to
establish between their respective systems of moneys, weights and366 AXSEXES TO PRELIMISAKY OBJECTIOX (C SO. 40)

measures the harmony desirable for the development of conmercial
relations between their respective dominions.
The detailed measures to be adopted shall form the subject of a sepa-
rate Convention between the Governor-General of British India and
Portuguese India, to be executed within two years from the date when
this Treaty cornes into force.
ARTICLEVI.

The High Contracting Parties, being equally animated by the desire
of procuring for their respective subjects new facilities of communication,
and of extending the external commerce of India, agree to the following
stipulations :-
(A) Whenever His Most Faithfiil Majesty ~hall give notice to
Her Britannic Majest' that a joint company has been formed

for the construction O?a railway from the port of Marrnagaum to
the town of New Hubli, and that His kaid Majesty proposes to give
to the said company a concession of powers and facilities forthe
construction and maintenance of the portions of the said .railway
lying within Portuguese India, and the rendering of the said port
safe and suitable for purposes of commerce, Her Britannic Majesty
engages, upon being satisfied that such concession is siiitable and
sufficient, and that the capital necessary for the undcrtaking iç
forthcoming, and upon the said concession being actually granted
by His said hlajesty, to enter inaocontract with the said Company,
providing for-
(1) The grant, upon the same tems as those upon which land
has been ganted to guaranteed railway companieç in British
India, of whatever land may be temporarily or permanently
necessary for the construction and maintenance of the portion
of the line lying within British territory.
(2) The use of Her hlajesty's best endeavours to obtain from
any Native State whose territory the line is intended to traverse
the grant on the same terms of whatever land may be so neces-

sary for the said purpose, but subject to Wer Britannic Majesty's
Imperia1 jurisdiction and sovereignty.
(3) The affording of al1 usual and reasonable facilities fothe
making and working of the line.
(4) The conveyance by the said company, on the whole line
of railway between Marmagaum aiid New Hubli, or any part
thereof, upon terms similar to those on which tht: same are
conveyed upon the guaranteed railways in British India, of
Her Britannic Majesty's mails, post-office officials,police, artisans,
and stores, and also (subject in the case of transit through His
Most Faithful Majesty's territory to the provisions of Article
XVIII of this Treaty) of her troops, arms and munitions of war.
(5) The right of Her Brita~inic Majesty to construct and
rnaintain an electric telegraph on such whole line, or any part
hereof.
(6)The right of Her Britannic Majesty to construct from
any point or points of the said whole line a line of railway to
Kanvar, and lines to any other places in British India, and
the use, with engines, carriages, and othenvise, for tlie purposes .WNEXES TO PRELIMINAKY OBJECTION (C NO. 40) 367

of any such lines, of the whole or any part of the company's
said whole line, and the stations, works, watering places, and
conveniences thereof upon such terms and consideratio~is as may
be miitually agreed upon or settled by arbitration.
(7)The exercise by Her Britannic Majesty, in respect of the
portion of the said whole line situated within British lndia,
of al1 powers usually exercised, or provided to be exercised,
over any of the guaranteed railways aforesaid and the subjection
of the said company to any enactment for the regulation of
the affairs of railways which. may be passed by the Legislative
Council of the Governor-General of British India.

(B) In the event of a contract, as contemplated in clause (A)
of this Article, being entered into within two years from the date
of this Treaty coming into force, or otherwiçe previous to the
cornpletion by Her Britannic Majesty of an Imperia1 State railway
between the towns of New Hubli and BelIary, Her Britannic
Majesty further engages to incliide in such contract, should the said
company so desire, the further right to complete and maintain
the line of railway between the said towns, upon the same terrns
as those applicable to the line between the Portuguese frontier
and New Hubli, together with the addition of an engagement on
the part of the said company to take over on equitable terms to
be mutually agreed upon or settled by arbitration, any portion of
the said line then completed or under construction, and tlie works,
stock or appliances appertainingthereto.

(c) Whenever either of the High Contracting Parties may be
desirous of ascertaining the i'easibility and the expediency of
constructing a railway frorn the port of Marmagaum to the town
of New Hubli and the advantages of such a railway to commerce
generally, as compared with a railway frorn the port of Karwar
to the said town, the said parties shall in concert appoint a illixed
Commission under the provisions of Article XVI of this Treaty,
which shall cause a thorough survey to be made of the routes
available, and any other investigations which may be necessary,
and shall submit a report on the question. Each of the High
Contracting Parties shall pay the salaries of its otvn engineers or
officers engaged on the Comniission or investigations, together
with the expcnses which the Commission may occasion in its own
territories.

(ü) In the event of His Most Faithful Majesty not finding it
practicable or expedieiit to grant a concession to any joint stock
company as contemplated in clause (A) of this Article, but on
the report of a Commission appointed under clause (c) of the same
establisliing to the satisfactioof both Governments that a railway
can be constructed from Marmagaum to New Hubli at a reasonable
cost and with fair prospects of becoming remunerative, and that
such a railway upould be yrefei-able, in the interests of commerce
generally, to one from New Hubli to Karwar, the High Contracting
' Parties engage to adopt, in concert, such measures as may be
compatible with their respectivr: financial circumstances, with the
view to ensure the construction thereof at as early a date as may
be practicable.368 ANNEXES TO PRELIMINARY OBJECTION (C NO. 40)
ARTICLE VII.

In order, further, to carry out the desire of the High Contracting
Parties that their respective Indian dominions shall become one territory
in dl matters relating to commerce, it is agreed as fo1lows:-

AU Customs duties, whether on import or export, now levied
on the frontier lines between the Indian dominions of the High
Contracting Parties shall be abolished, and ali Customs establish-
ments connected therewith shall be discontinued. AU articles of
commerce of whatever origin, which according to the provisions of
this Treaty, may be imported into or exported from the Indian
dominions of either party shall pass freely into or out of such
dominions across such frontier lines, without being subject to any
import, export or transit duty, and shall be in al1 respects treated
not less favorably than similar national products.
AU goods, the growth, produce or manufacture of the Indian
dominions of one of the High Contracting Parties, or which have
been legally imported into such dominions, may be conveyed by
sea out of such dominions into the Indian dominions of the other
without payrnent of duties of Customs.
With the view of preventing injury to the joint interests of the
High Contracting Parties for the passage free of duty, of dutiable

articles across those frontiers of Portuguese India which march
with Native States not entitled to the same Customs' privileges as
British India, and by the import from, and export to, such States,
by sea, of such articles, the Government of Portuguese India will
levy, on al1goods passing such frontiers, or so imported or exported,
duties at the rates for the time being in force under this Treaty
in respect of similar goods respectively imported into, or exported
from, Portuguese India from or to foreign countries.
The Governor-General of British India will, from time to tirne,
communicate to the Govemor-General of Portuguese india a List
of the Native States entitled to the same Customs' privileges as
Biitish India.

ARTICLV EIII.
In order to insure that the compIete freedom of intercourse between
their respective Indian dominions, which it is the desire of the High
Contracting Parties,to provide, shall produce beneficial resuIts, without
prejudice to thefinancialinterests of either, it is hereby agreed that there
shall be a Customs union between the said dominions on the following
terms :-

The laws and regulations relating to the levy of Customs' duties
on goods exported or imported by sea, and the administration
of the Department of Customs, shall be uniform throughout the
said dominions, in so far as thHigh Contracting Parties, actingin
concert, may deem practicable after taking into consideration any
special circumstances which may exist in the case of the dominions
of either of them.
The Tariff of Customs duties to be levied on goods exported
orimported by sea shall, except as hereinafter providedbe uniform
throughout the said dominions. ANNEXESTO PRELIMINARY OBJECTION (C NO. 40)
370
or abolish duties on importation, and His Most Faithful Majesty
does not concur in them, the amount of loss of duty occasioned
thereby on the quantity of any articles bona fide recluired for
consumption within Portuguese India, as cornpared with the duty
previously levied on such quantity, shall be added to the share of
His Most Faithful Majesty in the common receipt which rnay be

determined under the fourth paragraph of Article X of this Treaty.
The said quantity shall, in the event of any difference of opinion,
be determined under clause (B) of this Article.

ARTICLE X.

The produce of the said Customs duties at the ports of British India
and at the ports of Portuguese India, or at al1of such ports as may from
time to time be found to be practically affected by the present Treaty,
shall cotistitutea common receipt.
The said common rcceipt, after deduction of refunds (if any}, but not
of expenses of collection, shall be divided at the close of each year, upon
the principle ofsccuring to Wis Most Faithful Majesty the whole of the
duties collected,at both British Indian and Portliguese Indian ports, on
al1 dutiable articles consurned in or produced in Portuguese India.
Such registers and accounts of traffic shall be kept at the Custom-
houçes of both the High Contracting Parties, and upon any railway which
rnay now or hereafter serve to connect their respective Indian dominions,
as rnay be necessary to facilitate the division of the said common receipt.
The said division shall be practically effected either in accordance
with the actual ascertained traffic from year to year or upon the basiç
of the estimated consumption per head of the population of Portuguese
India, or otherwise, as the Governments of Bombay and of Portuguese
India rnay from time to time determine, after full and fair consideration

of al1 the circumstances of the case. In the event of any difference of
opinion between tliem on the subject, the question shall be determined
by a Mixed Commission.
The share of His Most Faithful Majesty in the common receipt, as
thus ascertained, shallbe augmented from the said receipt by three-
fonrths of its amount; the rernainder shall constitute the share of Her
Britannic Majesty.

ARTICLE XI.
The High Contracting Parties reserve to themselves respectively the
right tomaintain, modify, increase or abolish al1interna1 duties of excise,
or otherwise on production, manufacture or consumption existing in their
Indian dominions,
and to establish new duties of a similar nature:
Provided always that the products of the Indian dominions of the one
shall not be subject,in the Indian dominions of the other, to any duties
except such as rnay be imposed on similar national products.
The High Contracting Parties recognise, however, that in the case of
al1 products siibjected to a duty sufficiently heavy to cause a senous
difference in the price to the consumer, it is highly importaiit to adopt
in their respective dominions, as far as rnay bc practicable, a uniform
system of administration and duties.
Consequently, and with the view as well of preventing injury to the
revenues of Her Britannic Majesty from a diversity of systerns, as of AKNEXES TO PREI.IMINAl<Y OBJECTION (C NO. 401 37 1

securing for His Most Faithful Pilajesty's Indian dominions the advan-
tages of uniformity, the Righ Contracting Parties respectively engage
to carry out thc following stipulations regarding salt, spirits and opium.

ARTICLE xrr.

WisMost Faithful Majesty engages to grant to Her Britannic AIajesty's
Government of Bombay, for the pt:riod during which this Treaty may
remain in force, the exclusive privilege of regulating or undertaking the
manufacture and sale of salt in Portuguese India under the following
conditions :-

(A) The proprietors or tenants of salt-works may, under the
direction of the agents of the said Government, and subject to
conditions mutually agreed upon betwcen them, continue to
manufacture salt on their own account, or manufacture salt on
account of the said agents, or farm out their salt-works to them.

(B) If the said proprietors or tenants cannot arrive at a voluntary
agreement with the said agents, the Government of Portuguese
India will take such measures as may be necessary to let the said
salt-works in farm to, and under the direction or administration
of the said agents, so that the said agents may be able to cause
salt to be made there in çuch manner as they may judge most
suitable: Provided that when, on the expiration of the farm, the
said proprietors obtain possession of the salt-works, they shall be
entitled to compensation for darnage (if any) resulting thereto
from the farm, but shalI not bc:liable to payment of compensation
for improvements which rnay have been effected therein.

(c) The agents shall have tlie right to use the land adjacent to
al1 salt-works for the purpose of transporting or depositing salt or
other operations connected with the manufacture, provided that
they do not interfere with the cultivation of the samc. The proprie-
tors or tenants of the said land, on their part, shail have the right
to derive from the sali-works the same advantages, in respect of
the cultivation ofrice or other c:rops,as they have enjoyed hitherto,
provided that they do not interfere with the manufacture ofsalt.
The relations in this matter between the said proprietors or tenants
and the said agents shall be determincd by special rules made by

the Governmerit of Portuguese India.
(D) The Government of Pol-tuguese India will cause the sup-
pression of any salt-works which, in the opinion of the said agcnts,
may be difficult to superinterid or guard, or cannot be worked
with profit.

(E) The Government of Portugucse India will secure to the
said agents the acquisition, at a fair and reasonable price, of al1the
salt existing,or in course ofailufacture, in Portuguese India at the
time this Treaty cornes into foire: Provided that if the said agents
do not wish to purchase the whole of the said salt,the owners there-
ofshalI have the right of sellin!; it locallor of exporting it under
the same conditions as hitherto.
(F) His Most FaithfuI blajesty will yrohibit the manufacture

and sale of salt, the collection of salt spontaneously produced, and ANNEXES TO PRELIMINARY OBJECTION (C NO. 40)
372
the transit and exportation thereof both by sea and land, by any
persons not delegated in this behalf by the said agents, or who have
not obtained from the said agents a permit in due form; and he will
adopt in Portuguese India the procedure and penalties in force in
British India for the repression of smuggling and contraband prac-

tices in respect of salt, with such modifications as the Portuguese
Indian system of legislation and administration, or the diversity of
circumstances, rnay necessitate.
(G) In order to insure the effective exercise of the priviIeges
g-ranted by this Article, His Most Faithful Majesty invests the said
agents with the right-
(1)To enter and inspect at ariy tirne any salt-work or any
warehouse or premises used for storing salt, or any vesse1 which
has been or is proposed to be laden with salt.

(2)To search all persons, animals, carriages, vessels, goods
and packages in or upon which they rnay have reason to believe
contraband salt to be, or to be concealed.
(3) To arrest any person found in the act of srnuggling or
contraband practices, and any accomplice present: Provided
that such person or accomplice shall be immediately delivered
over to an officer appointed under paragraph (6) of this clause,
or the nearest revenue or police station, or to the administrative
authority of the parish.

(4)To seize any salt which they rnay have reason to believe
to be contraband, and any anirnals, carriages, or vessels used in
transporting it, or in or upon which it rnay be found, and all
goods and packages in or among which it rnay be coritained or
'concealed: Provided that everything so seized shali be retained
in provisional custody, pending orders for the disposa1 thereof by
competent Portuguese authority, to whom the seizure and the
circumstances thereof shall be reported.
(5) To obtain from the competent local Portuguese authority,
on written application, the arrest of any person whom such

authority rnay have reaçon to beiieve to have been guilty of
smuggling orcontraband practices, and the search of any house,
building, premises or vesse1 in which there rnay be reason to
suspect that contraband salt is, or is concealed.
(6) For the purpose of CO-operating with the said agents in
the proceeding contemplated under the preceding paragraphs (1)
to (5) inclusive, and of repressing smuggling and contraband
practices in respect of salt, His Most Faithful Majesty engages to
appoint such nurnber of officers as he may from time to time
deem fit, to reside at or near the several salt-works. The said
officers shall, when called upon by the said agents, be legally
bound to assist them in their proceedings aforesaid, and the said
agents shall, except as otherwise permitted in paragraph (3),
hand over to them al1 persons arrested and property seized, for
delivery to the charge of higher Portuguese authority, or for

provisional custody, as the case rnay be.
(7) Itis to be understood that the said agents will be subject
in every respect to the Iaws of Portuguese India, and will be ANNEXES TO PRELIMINARY OBJECTION (C NO. 40)
373
responçible, in accordance with those laws, for al1abuses that rnay
be committed by them, as also foallactsdone oii their requisition
by the officers referred to in the last preceding paragraph..

(H) In consideration of the preceding stipulations of this Article,
Ner Britannic Majesty engages to pay just compensation to the
proprietors of salt-works which have been let in farm to the said
agents or suppressed, under the provisions of clauses (n) or (n)
of this Article.
The compensation shall be awarded by a Mixed Conimission,
and shall be either in the form of an annual payment, or in some
other form if the two parties interested prefer it. LVith respect
to the amount, the Commission shall take specially into consider-
ation :-

(1) The average annual proceeds of the salt-works during
a series of years, iip to ten if ascertainable.
(2) The average price of salt in the locality and (excluding
duty) in the neighbouring districts of British India, diiring the
preceding ten years.

(3) The damage (if any) caused to the proprietors by the
suppression of their salt-works, or by depnvation of the free use
of them with respect to other cultivation, or with respect to the
exercise of other vestedrights of property.

. But uqth regard to saIt-works which have been suppressed,
the Commission shall make a deduction for the proceeds (if any)
which the proprietors may gain fsom the lands if otherwise employed.
The Commission shall add to the sum determined on the above
principles fifteen per cent. on the amount thereof. The total shaI1
be the compensation awarded by-the Commission to the proprietors.
The compensation so awarded shall be paid to the proprietors,
who shall be responsible for the satisfaction of ail just clairns of
other perçons connected with them.
Provided always, that if th(: proprietors are dissatisfied with
the award of the Commission, they shall be at liberty to have
recourse to the ordinary procedure for expropriation estabIished
by the local law of Portugal. The amount of compensation so
awarded to them by any local tribunal, whether more or less than
that awarded hy the Commission, shail alone be pajd to them
accordingly. But, in the event of such arnount being in excess of
the amount awarded by the Commission, the difference shall be

defrayed by the Government of Portuguese India.
(1) Her Britannic Majesty engages also-

(1)To deliver to the Government of Portuguese India at the
price of manufacture in those possessions respectively, the
quantity of salt necessary for the domestic use and consumption
of the inhabitants of the various Portuguese possessions in India.
This quantity shall be calculated annually at the rate of
14 lbs. per head of the ascertained population.
It is understood that Hic Most Faithful Majesty reserves
to himself the right of causirig the said quantity of salt to be
sold to consumers at whateves price he may think proper. AKNEXES T0 PRELIMIKARY OBJECTIOS (C NO. 40)
374
(2) To sel1 to cultivators at a fair and reasonable price, and
free of al1duty, such quantity of inferior salt or Salt spontaneously
produced as they rnay bona fide require for the cultivation of
the cocoanut tree, or for such other cultivation asrnay need this

kind of manure.
(3) To supply the markets of Portuguese India, under con-
ditions similar to those which rnay be frorn time to time in force
in tlie neighbouring British Iridian districts, with the quantity
of salt which trade rnay require.
(4) To furnish the salt necesaary to the fish salting trade
uiider the most favourable conditions froin time to time accorded
to the same industry in British Iiidia.

(J) All differences arising with regard to the price of salt nnder
.the preceding clauses, (E) and (I),shall be determined by a Mixed
Commission, or in such other manner as may be mutually agreed
upon by the Govemments of Bombay and Portuguese Iridia.

ARTICLEXIII.

His Most Faithful Majesty engages to take suc11mesures as rnay be
necessary to insure that the system of excise on spirituous liquors, in-
cluding toddy, whether in its ferrnented or unfermented state, sanctioned
by law in the Presidency of Bombay, shall be introduced into, and effect-
ively maintained in, Portuguese India.
The rates of excise duty levied accordingly in the several Indian
possessions of His Most Faithful Majesty shall not, except in so far as
rnay be mutually agreed upon between the Govemments of Bombay and
Portuguese India, be less than those levied for the time bcing in the
British districts nearestto them respectively.
The Government of Bombay shall render cordial assistance to the

Government of Portuguese India for the accomplishment of this end, by
affording full information to Portuguese officerçwho may be deputed to
study the British system, or otlierwise, as rnay be in accordance with tlie
wishes of the said Government.

ARTICLS EIV.
His Most Faithful Majesty engages, on receipt of a request from

Her Britannic Majeçty-
(A) To prohibit the exportation by sca or land of raw opium,
or any preparation or admixture of opium, or any intoxicating
drug made from the poppy.

(B) To prohibit the cultivation and manufacture of opium
except on account of the Government of British India, and under
restrictions and limitations similar- to those for the time being in
force in the Presidency of Bengal, the arrangements in this case
being made througl-i the Gover~iment of Portugilese India.

ARTICLE XV.

In consideration of the stipulations contained in Articles XI; XII,
SI11 and XIV of this Treaty, Her Britannic Majesty engages to pay AKNEXES TO PRELIMINAKY OBJECTIO~- (C NO. 40) 375
annually to His Most Faithful Majesty the sum of four Iacs of rupees.
The said payment shall be made quarterly, in equaI instalments, by the

Government of Bombay, within ten days after presentation to the said
Government of bills of exchange driiwn upon it by the Government of
Portuguese India.
ARTICLIS XI'I.

Whenever it shall be necessary, iinder the provisions of this Treaty,
to appoint a Mixed Commission, the Government of Bombay and the
Government of Portuguese India shdl each appoint not more than two
Commissioners.
It shall be at the discretion of either Government to delegate its
powers of appointing Commissioners to any officer whom itmay think
fit, and to cancel such delegation.
In cases of compensation, the Government of Portuguese [ndia, or
any officer delegated by it rnay invite the proprietors or others interested
to nominate persons for appoint me ni.as Commissioners on ttieir behalf,
and may appoint such persons, or any of them, accordingly.
In the event of the death, resignation,rolonged absence, or incapacity

of any Commissioners, the Government appointing him shall forthwith
appoint anotlier Commissioner in his place.
The Commissioners shall, before proceeding to any other business,
select another person as President of the Commission.
If they shall be unable to agree, the selection shall be made by the
majority of votes, and if the votes chaLi be equal, the Commissioner or
Commissioners on behalf of each Government shall name one person,
and it shall be decided by lot which of the two persons so namecl shall be
President.
1n thc event of the death, resignation, prolonged absence, orincapacyt
of any President, another person shall be selected inthe same manner to
be President in his stead.
The President and Commissioners shall then proceed to the investi-
gation of the matters referred to them, and the decision shall, in the
event of clifferenceof opinion, be according tothe opinion of the rnüjority,
and shall be given irt ~vriting.
The Commission shall be competent to decide al1questions which may
anse regarding the payment of the expenses of the Commission, and may
impose the payment thereof upon eitlier of the High Contracting Parties,

or upon persons to whom compensation is awarded.
The High Contracting Parties engage, except as otlierwise provided
in clause (H)of Article XII, to consider the decision as conclusive, and
to give full effect tit.
ARTICLE XVI 1.

Each of the High Contracting Parties shall appoint one or Inore
delegates for the purpose-
(A) of visiting the Custom-houses in the Indian dominions of

the other, and taking note of al1 arrangements relating to the
import and export of goods and the collection of duties; and
(E) of taking cognisance generally of al1 matters of ad~ninistra-
tion connected with the freedom of commerce, navigation and tran-
sit, and tlie community of interest, established by the present Treaty. The instmctions to such delegates shali be framed in concert by the
Governments of British India and Portuguese India, on the principle
that the Government to which they are accredited shall with full since-
nty afford to them every facility and al1information which concern the
objects for which they have been appointed, and that the delegates
acting in concert, when necessary, shall use their best endeavours to,

overcome al1difficulties, and to adjust al1differences of systeor opinion
in a manner consistent with the common end and the ties which unite
the two nations.
The delegates shall, with the least possible delay, prepare a complete
system of statistics for Portuguese India, affording means of comparison,
for the purposes of thisTreaty, with the existing British Indian statistics.

ARTICLX EVIII,
The High Contracting Parties mutually agree to adopt in their re-
spective territories suitable measures for the prevention and punishment

of smuggling; or other evasion of the spirit of the arrangements relating
to navigation, customs, salt, spirituous liquors and toddy, and opium
effected by this Treaty.
The revenue, magisterial and police authorities of the Indian do-
minions of the High Contracting Parties shall cordially CO-operate with
each other for the maintenance, on the common lines of traffic and else-
where, of perfect security of persons and property; and in the pursuit
of criminals and persons engaged in smuggling and contraband practices,
the said authorities of the one High Contracting Party may cross the
frontier and enter the dominions of the other High Contracting Party:
Provided that in such dominions they shall act in accordance with the
local laws and the provisions of this Treaty.
The armed forces of one of the two High Contracting Parties shall
not enter the Indian dominions of the other, except for the purposes
specifiedin former Treaties, or for the rendering of mutual assistanceas
provided for in the present Treaty, or except in consequence of a formai
request made by the party desiring such entry to the other.
The exportation of arms, ammunition or military stores from the
Indian dominions of one of theHigh Contracting Parties into those ofthe
other shall not be permitted, except with the consent of,and under rules
approved of by, the latter. The Governments of British India and Portu-
guese Tndia shall CO-operate to enforce al1 sucli rules as are herein
contemplated.
The Governor-General of British fndia will from time to time com-
municate to the Governor-General of Portuguese India a list of the
Native States to be placed, in respect of arms, ammunition and mili-
tary stores, upon the same footing as British India.

ARTICLE XIX.

The High Contracting Parties engage to deliver up to each other those
persons who, being accused or convicted of crimes committed in the
Indian dominions or jurisdiction of the one party, shall be found in the
Indian dominions or jurisdiction of the other party.
The circumstances and conditions under which, and the crimes for
which, such persons are to be delivered up shall fom the subject of a
separate Convention between the Governors-General of British India ANNEXES TO PRELIMINALtY OBJECTION (C NO. 40)
377
and Portuguese India, to be executed at the earliest date possible after
theratification of this Treaty.
Such Convention shall have the same binding character as the present
Treaty, and shall continue in force for the same period.

ARTICLE XX.

The High Contracting Parties engage that Commissions issued in
criminal trialsand inquiriesand in civil suits and iproceedingby the
judicialtribunalsofthe one party, for the examination of perçons resident
rn the dominions of the other, shall be executed according to the pro-
visions of the laws of the dominions where thewitness resides.

ARTICLE XXI.

The ~iih Contracting Parties engage to recomrnend tothe Legislatures
of their respective dominions al1 such projects of law, and to adopt
such other measures as may now or hereafter be necessary for the due
fuLfilment of the several obligation:; contractedby them respectively
under the provisions of this Treaty.

ARTICLX EXII.

The present Treaty shall corne into force at the expiration of three
months after the day of the exchange of ratifications, and shaii remain
in force for the period of twelve years; andin case neither of the High
Contracting Parties shaU have notified to the other, twelve months
before the expiration on the said pcriod of twelve years, its intention
to put an end to its operation, the Treaty shall continue in force for
another period of twelve years, andso on for successive periods of twelve
years, until the expiration of a year counting from the day on which
one or other of the High Contracting Parties shaI1 have announced its
intention to put an end to it.

ARTICLE XXIII.

The present Treaty shall be submitted for the ratification of the High
Contracting I'owers, and the ratifications shalbe exchanged at Lisbon
or at London as soon as possible.
In faith whereof the respective Plenipotentiaries have signed it, and
have affixed thereto thesealsof their arms.
Done in duplicate at Lisbon, on the twenty-sixth day of December,
in the year of our Lord,r87S.
fL.S.) R. B. D. MORIER.
(L.S.) Joao DE ANDRADECORVO. ANNEXES TO PRELlhlINARY OBJECTION (C NO. 41)
378

Annex C. No. 41

National Archives, New Delhi

FOREIGN DEPARTMENT

No. 58.

Dated New Goa, 27th May, 1892.
From-

The Governor-General of Portuguese India.
To-

His Excellency the Governor of Bombay.

With the object of solving certain difficulties that have arisen in
connection with the free transit of merchandise in the Portuguese District
of Daman, which is not a continuous territory, but is intercepted by
villages belonging to the dominions of theRaja of Dharampur, a feuda-
tory of Her Rritannic Majesty's Government, 1 have the honour to
request Your Excellency's attention to the follo\vs:-
From the aforesaid solution- of the continuity of the territory of
Daman, which comprises two districts-Daman Froper and Nagar
Haveli, the latter supplying the cerealand other products for consump-
tion by the inhabitants of the former, it happens that in the transit
from one district to the other, it is necessary to pass through foreign
territory; a transit that was free while the Anglo-Portuguese Treaty of
26th December, 1878, was in force, and it was so before the Treaty.
TI-ietransit was only subject to passes issued bythe Portuguese Authori-
ties of the District of Daman, with the concurrence of the British Autho-

rities; this practice waç reciprocally observed the customs posts, both
Portuguese and British, andit was therefore in letter of 10th May,1869,
that the Governor of Daman was directed to levy no duty on merchandise
entering or leavingthe Daman territory.
After the expiration of the Treaty it has been observed that at the
British fiscal posts, the free transit of merchandise between the two
above-named districts is not permitted; and this gives rise to serious
inconvenience to the inhabitants ofthe villages in the said districts.
In bringing the above fact to Your Excellency's notice 1request that
Your Excellency willbe sogood as to issuethe necessary instructions with
a view to al1 products leaving any part of the Portuguese territory of
Daman, and passing from one district to the other, being aiio~vedtransit
free of duty in British territory,or territory belonging to the Raja of
Dharampur.
4s regards the Portuguese Aut horities, 1 assure Your Excellency
that this condescension on the part of the British Authorities will be
duly returned by an equal exemption from duty of products passing
from British territory or territorynder British protection.
Confiding in Your Excellency's benevolent disposition I expect this
subject will meet with duc attention; the request is justifiable, looking
to the practice followed and observed formerly, before the Treaty of AXNEXES TO PRELIMINABY OBJECTION (CNO. 41) 379

26th December, 1878, it being certain also that at present British trade
in Gori enjoys the benefit of paying no transit dues, when from British
posts it passes on to the Ghauts, crossing the Marmagao Raihvay Line.
Should Your Excellency agree ~vith my proposa1 as 1trust you will,
1 shall direct that the transit of proclucts or merchandise be det:med licit
only under printed passes signed by the Governor of Daman, when
proceeding from Daman to Nagar Haveli, and vice versa by the Adminis-
trator of Nagar Haveli; both these authorities leaving their respective
signature at al1 the British fiscal posts now existing between the two
districts.Itwill be convenient also, that the same practice be observed
with regard to British products whic:hmay have to pass through l'ortu-
guese territory.

Your Excellency will greatly oblige me by a short reply to tliis letter.

FOREIGN DEPARTMENT

Dec. ~Sgj. NOS. 7-24.
No. 3894.

Dated Poona,.3rd August, 1892.

Memo.fromtheComnzissionev ofCustonzs,Salt, OpiumandAbkari,Bombay

In this Despatch the Governor Grmeral of Portuguese India retluests
that the necessary instructions may be issued "with a view to al1products
leaving any part of the Portuguese territory of Daman and passing from
one districtto the other being allowed transit free of duty in British
territory or territory belonging to the Raja of Dharampur". ln return
His Excellency offers "an equal exemption from duty of products passing
from British territory or territory under British protection".
If this request be acceded to, a serious loçs of revenue will result.
Salt, liquor and othcr dutiable goods will be taken in large quantities
under the Governor's passes from Daman to Nagar Haveli outside the
Preventive Line and Land Customs Stations, and the bulk of it willr>e
consumed in British territory. Undersigned solicits a reference to his

letter No. 2826, dated 14th June last, giving the past Iiistory of the
exemption from duty accorded to the produce of Nagar Haveli. That
exemption w:is limited to goods the produce of Nagar Haveli brought
under the Governor's passes from Nagar Haveli to Daman and the
vernacular orders* issued for the guidance of the establishmtlnt after *Translatioii:
receipt of the Secretary of StateJs despatch of 6th September, 1861, "ltached.
allowed no exemption to goods carried from Daman to Nagar Hiiveli nor
up to the coming in force of the Treaty of 1878 was any exemption
allowed in respect of such goods.
In 1869 the Governor of Daman applied to Mr. Faulkner, then Deputy
Commissioncr of Customs, N.D. for pc:rmissionto pass two casks of wine
free of duty from Daman to Nagar Haveli. Mr. Faulkner refused stating
in a letter No. 392, dated 24th June of that year, that he was "only
authorised to exempt from the payrnent of duty articles the produce of
Nagar Haveli when taken from that place to Daman and coveied by a
pass under Your Excellency's signatureJ'. The Governor remonstrated,380 ANNEXES TO PRELIMINARY OBJECTION (C NO. 41)

but Mr. Faulkner reiterated his refusal, though in compliance with a
subsequent request from the Governor he gave permission for the wine
to be taken back from the Naka at which it waç stopped to Daman.
3. The exemption in favour of the produce of Nagar Haveli was
extended to the produce of Dabel, a village on the main road from Wapi
to Daman, by Mr. (now Sir Charles) Pritchard's letter to the Governor,
No. 4460, of 24th July, 1877,on condition that the goods were covered
by a certificate of origin and conveyed by the made road between Dabel
and Daman pass the Custom House at Kunta. His Excellency was at the
samc time requested to take special precautions against abuse of the
concession and to secure that no goods except those actually produced
in Dabel should be presented for free transit.
This concession was not inconsistent in any way with the limitations
placed up to that tirne on the exemption under consideration, as the
village of Dabel is not entirely detached from Daman territory and its
produce could, therefore, be conveyed to Daman, without passing
through any part of British India. The concession merely enabled the
inhabitants of the village to make use of the maderoad and relieved them
of the inconvenience of having to send their produce by a circuitous
route over bad roads.
4. The correspondence, copy of which is annexed, to this report will
explain the letter of 10th May, 1869, from the Governor-General of
Portuguese India to the Governor of Daman referred to by Senor
Teixeira da Silva. It may be briefly summarised as fo1lows:-
On 1st April, 1869, Mr. (now Sir Theodore) Hope, as Collecter and
Agent at Surat, called upon Mr. Faulkner for an explanation of the
detention at the Kunta Naka of certain goods in transit from Nagar
Haveli to Daman. In his reply dated 17th idem, Mr. Faulkner stated
that no goods of any description passing from one part of Portuguese
territory to another and covered by the Governor's pass were ever
"prohibited" at the Kunta or other Nakas on the Bagwara Frontier.
A copy of this reply was sent by Mr. Hope to the Governor, who in his
answer dated ~3rd idem stated that he would "give the convenient
mandates in order that the permits covering the goods €romPortuguese
Pargana to Daman be made out correctly in al1details."
Subsequently on Mr. Faulkner, as above related, refusing exemption
to a consignment of wine sent from Daman to Nagar Haveli, the Gover-
nor informed him under date 25th June, 1869, that upon receipt of a
copy of his letter to Mr. Hope of 17th April, he "solicited i~nmediately
and obtained from His Excellency the Governor-General of Portuguese
India that likely al1the goods of any description by Portuguese Nakas
of the jurisdiction of Daman from whatever part of the British Territory
to any other should never be prohibited and might pass free of duty' .
This no doubt was the Goa letter o10th May, r86g, referred to in the
,Governor-General's despatch of 27th May last now under report.
his letter of 17th April on which the Governor had acted "had referencet
onIy to the passing of goods from Nagar Haveli to Daman under Your
Excellency's passes, as willbe seen by a perusal of al1the correspondence
that has taken place on the subject."

5. It will thus be seen that the account given by His Excellency the
Governor-General of the practice in vogue before the Treaty isincorrect ANNEXES TO PRELIMINARY OBJECTION (C NO. 41) 381
in some important particulars and the general and unrestricted exemp-
tion he now asks for would go far beyond any previous concessions
regarding the traffic between Nagar HaveIi and Daman.

6. Undersigned would strongly dt:precate any exemption from duty
beirtg now granted to goods forwarded under the Governor's passes
from Daman to Nagar Haveli as abuses which it would practically be
impossible to control would inevitably spring up.
As regards the exemption from export duty of rice, the produce of
Nagar Haveli when taken to Daman for consumption in that place,
undersigned ~vouldpoint out that even that concession would involve a
not inconsiderable sacrifice of revenue,asMr. Pogson reports that the
duty on rice levied ât these Nakas since the 15th January last arnounts
to more than Rs. 5,000. The whole of the rice on which duty was paid
was not the produce of Nagar Haveli, but as the Customs Officers have
no means of lcnowing where rice brought for export was produced, but
must trust to the Governor's passes which, as past experience shows,
are very easily obtained, it is probahle that the collections will dwindle
very much ifthe exemption is granttid.

7. So far as undersigned is aware there are no special grounds for
relinquishing without equivalent the revenue which will be sacrificed if
the exemption asked for isgranted, and past expenencc in connection
with the abolished firman privileges as weIl as with the Aujediva and
Nagar Haveli exemptions frorn duty goes to show that arrangements
with the Portuguesc of the kind proposed by the Governor-General
invariably lead to complications and loss of revenue.
Itis true that goods from British posts taken above the Ghauts via
the Marmagoa Railway are not charged duty, but this is owing to the
fact that the application of the Portuguese tariff to such goods woiild at
once put a stop to al1 goods trafic on the West of India Portuguese
Guaranteed RaiIway and thereby seriously add to the already heavy
burden on the finances caused by this Railway. The remission of their
customs duty on through goods is, therefore, dictatedby an enlightened
self interest, a motive which does not seem to apply in the case of the
remission, asked for, of the Customs duties levied on the frontier of
Daman.

FOREIGN DEPARTMENT

Dec., 1895.

Extract #rom the Proceedzngsof theGovernment of Bombay in the Po1,itical
Department, No. 12jr, dated Bombay Castle, thezrst Februavy,1893.

Letter from the Governor-General of Portuguese India No. 58,dated
the 27th hlay, 1892. Suggesting, with the object of solving certain
difficulties that have arisen in connection with the free transit ofn-
dise in the Portuguese District of Daman, which is intercepted by
villages belonging to the dominion of the Raja of Dharampur, that this
Government will beço good as to issue the necessary instructions witha
view to al1products leaving any part of the Portuguese territory of
Daman and passing from one District to the other, being allowed transit
26382 ;\NXEXES TO PRELIMIXARY OB~ECTION (C XO. 41)

free of duty in Eritish territory or temtory belonging to the Raja of
Dharampur. lntimating that this condescension on the part of the British
authorities will be drily reciprocated byan equal exemption from duty
of products passing from British temtory or territory under British
protection. Stating that if his proposa1 is agreed to, he will direct that
the transit of products or merchandise be deemed licit only under
printed passes signed by the Governor of Daman, when proceeding
from Daman to Nagar Haveli, and vice versa by the Admiriistrator of
Nagar Haveli, both these authorities leaving their respective signatures
at ali the British fiscal ports now existing between the two districts;
and adding that it will be convenient also that the same practice be
observed with regard to British products which may have to pass
through Portuguese territory.
Memorandurn from the Revenue Department, No. 6752, dated the
zznd August, 1892-Forwarding, with reference to this Department
memorandum No. 4051 ,ated the 21st June, 1892, copy of a memoran-
dum No. 3894, dated the 3rd August, 1892, and of its accompaniments
from the Commissioner of Custorns, Salt, Opium and Abkari, who states,
for the reasons given, that,' so far ahe is aware, there are no special
ground for relinquishing without equivalent the revenue which wili be
sacrificedifthe exemption asked for by the Portuguese Government is
granted, and that past experience in connection witli the abolished

firman privilegesas well as with the Anjidiva and Nagar Haveli exemp
tions from duty goes to show that arrangements with the Portuguese
Government of the kind proposed by the Governor General invariably
lead to complications and loss of revenue. Adding that Government in
that Department concur in the view expressed by the Commissioner of
Customs, &c.
Further memorandum from ditto ditto, No. 9593, dated the
8th December, 1892-Transferring, with reference to this Department
memorandum No. 6470, dated the 14th October, 1892, copy of a report
No. 5767, dated the 28th idem, from the Com~nissioner of Customs, &c.,
who explains the meaning of the term "transit duty" as used by the
Portuguese Government and the term "Customs import duty" as used
by the British authorities, and states that by whatever name the duties
irnposed on Portuguese goods in transit through British or British
protected territory rnay be distinguished, the result on the revenue of
British India of relinquishing them would be that described in his
memorandum No. 3894, dated the 3rd August, 1892.
Further memorandum from ditto ditto, No. 799, dated the
28th January, 1893-Transferring, with reference to this Department
memorandum No. 8231, dated the zjrd December, 1892, copy of a
report No. 174,dated the 12th January, 1893, from the Commissioner
of Customs, &c., who states that he is unable to suggest any precaution
for the identification of rice as really the produce of Nagar Haveli,
except that al1rice for which the privilege is claimed should bcovered
by a certificatof origin bearing the officia1seal and signature of the
Administrator of that Pargana, but that the precaution is, however, of
little, if any, practical use as local Portuguese officials grant certificates

conveying exemptions from payment of British duty with extreme
faciIity; observes that it is for Government to decide whether, as the
concession is not a nominal one but involves a substantial sacrifice of
Customs revenue, it might not be made subject to withdrawal in the ANNEXES TO PRELIhIINARY OBJECTIOS (C NO. 41)
383
event of rice which is not really the product of Nagar Haveli being
brought for exportation under covr!r of passes issued by the Governor
of Daman; adds that accounts shoiild be kept at the Frontier Custom
Houses of the quantity of rice which is passed free under Portuguese
passes in order that any abnormaliy large free exportation may attract
attention. Transferring also a minute recorded in that Department by
the Honourable Mr. A. C. Trevor 011the subject.

RESOLUTION.-TheGovernor-General of Portuguese India should be
informed in reply to his letter No. 58,datedthe 27th May, 1892,that the
Goa Treaty of 1878 having lapseti, this Government is prepared to
restore the status quo ante and allow rice, the produce of Nagar Haveli,
to pass free of duty into Daman whether for local consumption or for
export, as was done before the Treaty came into force,subject to such
precautions for its identification asreally the produce of Portuguese
territory as may from time to time be found necessary; beyond this
concession, this Government regrets that it cannot go.

W. LEE-WARNER,
Secretary to Govenlment . 384 ANNEXES TO PRELIMINARY OBJECTIOS (C NO. 42)

Annex C.No. 42

National Archives,New Delhi

Nos. 7-26.

Frorn Bombay Government, No. 5224, dated the zrst August,1895.

Forwardsfor orderscertainpafiersregardiwguprofiosalto cancelthe orders
of the Bombay Governmentpermitting the export duty free /rom the Portzl-
gueseDistrict of Nagar Haveli tDaman, throughBritish territory,of rice
being bonâ fidethe produceojthe Nagar Haveli District

In February, 1893,the Bombay Government, on the representation
of the Governor-General of Goa, ordered that rice produced in the
Portuguese Districtof Nagar Haveli should be allowed to pass duty free
through the intervening British territory into Damanwhether for local
consumption or for export, provided the consignment was covered by
(i ) certificate from the AdministratofNagar Haveli, stating that the
rice was the produce of that district(iiby a pass from the Portuguese
Governor of Daman.
The Commissioner of Customs, Salt, Opium and Abkari now reports
that it had long been suspected thatce producedinBritish villages was
being fraudulently exported into Daman under cover of Portuguese
passes, and that this has now been proved to be a fact. No blameis
attached to the Administratorf Nagar Haveli, but it is said that it would
be impossible for him to prevent fraurl in this direction, and that as
British revenues are suffering, the concession should be put a period to.
The Bombay Government propose to accept the Commissioner's
suggestion, but as this actionight possibly lead to friction with the
Portuguese Government and the concession concerns Imperia1 revenues,
the ordersof the Government of India are solicited.
To Finance Department for consideration in the first instance.

secret 1.. JuiyFrom 1861to 1878 rice was allowed, so long as it was the produce of
Nos.D22-36. Nagar Haveli, to pass thence to Daman free of duty. Whilst the treaty
was in force (up to February,1892) articles of commerce passed free
between the ten places under ArticleVI1 of the treatyAfterwards, till
NO. 1251, the Resolution* ofthe Bombay Government was passed, it is not quite
eb"d,22 clea8w9hat,the position was, buas the Governor-General of Portuguese
India alludes to difficulties having arisen in connection with the free ANXEXES TO PRELIMINARY OBJECTION (C NO. 42)
385
transit of merchandise, and the Resolution above quoted restored the The Governo!
"stadzsquo ante"as regards the transit of rice, we may assume that durietterNO.n58.
. that period free transit was not allowéd,by pass or otherwise. dated 27th
The Resolution of 1893 made the Portuguese a substantial concession ~Y,'.~~~~~;,,
which had practically been in force for sorn17 years before the treaty transiwasno
of 1878, and this concession having been made, its withdrawal is not :!'"~tD,,,,
unlikely, as the Bombay Govemment itself observes, tleadto friction
with the Portuguese Government.
It isunfortunate that no remedy can be suggested to obviate its abuse;
ifsuch couId be found, itwould doiibtless offer the best solution of the
difficulty, for the present proposa1 st:ernssomewhat harand sudden.
I venture to suggest whether it rnight not be found possible to pass
free, a fixedamount of rice aiinually, from Nagar Haveli to Daman,
calculated on the outturn deducting local consumption, and on the
returns, which would be furnished by the Portuguese authorities, of this
commodity, exported in past years from Nagar Haveli.
This would put a stop to British rice being passed through, for the
amount to bepassed free being fixed, it will be to the inofthetNagar
Haveli peopIe to see that they gel the full benefit of the concession
themselves, and not allow British subjects to participate in it. The papers

may be sent to the Finance Departnient for favour of consideration and
advice.
J. H. SADLER.
30-8-95.
Yes. The Finance Department will no doubt consider Major Sadler's Page 7. K.-W.
suggestion. (In the case of the Burma-China tariff the Honourable 7gt$;:""
Finance Mernber remarked: "The export duty on rice is of no conse- 387-422.
quence." But 1 am not sure to what extents that remark was intended
to~PP~Y.
2. The Honourable Finance Member's note of the 6th instant on
the Travancore case (which 1came on after writing the above and have
now linked) appears to indicate the necessity for guarding ourselves
against excessiveexport through Daman.
H. DALY.

14-9-95,
To Finance Department unofficial No. 2189-I .,ted the 16th Sep
tember, 1895. --

Finance Department, unofficialR. No. 6447, dated the 17th September,

1895.
ASSISTANS TECRETARY.
For orders.

C.C. M.,-19-9-95.
J.0. P.,-20-9-95,
SECRE.T.~RY.

There is no special reason for miiking any concession to the Indo-
Portuguese Governrnent which have never shown themselves well dis-
posed to aid usin fiscal matters. On 1:hecontrary, in connectiwith the
Goa Treaty they behaved very badly. ANNEXES TO PRELIMINARY OBJECTION (C NO. 42)
386
When dealing with them in such cases we ought sirnply to stand upon
Our rights and make no concession unless one of equal value can be
extracted from them.
In the present case itappears clear from the final paragraph of the
letter from the Commissioner of Customs dated the 8th March that the
concession has been much abused. Probably the Portugueçe themselves
could not prevent the abuse if they tried, but they are certainly not the
people to try. The only course open seemsto be to tell the Goa authoritieç
how the rnatter stands, and Say that ifany practical suggestion for the
prevention of abuse can be made, it will be fuUy considered, but that
meanwhile and provisionally to prevent further loss of revenue, the
concession ~viybe withdrawn one month after the date of the letter to
the Goverrtor-General at Goa.
O'CONOR.

23-9-95.

HONOURABLM EEMBER.
J. F. FINLAY.
24-9-95.
(1) 1 would like to have a map shewing how these territories lie.
(2) 1 understand we have no preventive line between Nagar ~aa
and British territory.
J, ESTLA LAND).

25-9-95.

(1) Please çee thernap tied to this file. The Revenue and Agricultural
Department, from which it has been obtained, has asked that it may not
be folded.
9.Salaries. (2) It would appear from paragraph IO of the letter from the Com-
'OS'240-78.3.rnissioner of Customs, Bombay, of the 9th April, 1892, that there is
no preventive line between Nagar Haveli and British territory. It has
been ascertained from the Expenditure Branch that no later proposals
have been received from Bombay than those contained in the Proceedings
of October, 1893, for the establishment of preventive lines on the fron-
tiersofthe Portuguese possessions in that Presidency.
J. O. P.,-8-10-95.

HONOURABLM E EMBER.
J. F. FINLAY.
9-10-95-
1 agree in Mr. O'Conor's note. It is for the Portuguese authorities
to propose a means of preventing the abuse of the concession. The fact
that it is abusedis sufficient warrant for Ourwithholding it. ANKEXES TO PRELIMINAI<Y OBJECTIOK (C SO. 42) 387

11-10-95.
To Foreign Department unofficiall y.

Finance Department unofficial 1.No. 6675, dated the 14th October,
~895.
Draft for approval. .
A. T. W.,-18-10-95.
22-10-95. J. H. SADLER.

26-10-95. H. DALY.
To Bombay Government, and endorsement to Finance Ilepartment. *Nos.
3581-5-Id .a,ted the 29thOctobe1895.

* With copy of office notes.

Recorded and indexed by M. Cartland-4th December, 1895.

No. 7.

No. 5224, dated Bombay ~ast~é,the z~st August, 1895.

From-
The Wonourable Mr. G. W. Vidal, I.C.S.,Acting Chief Secretary to
Government, Bombay,

The Secretary to the Government of India, Foreign Department.
I am directed to transmit herewith, for submission to the Government
of India, a copy of Government Rt:solution No. 1251, dated the z~st
February, 1893, and of the papers i~nderljringit,from which it will be
seen that this Government allowed rice, the produce of the Portuguese
district of Nagar Waveli, to pass free of duty through intervening
British territory into Daman, whether for local consumption or for
export, as was done before the Goa Treaty of 1878 came into force,
subject to such precautions for its identification as being realljr the pro-
duce of Portuguese territory as might from time to time be found neces-
sary.

2.The Commiçsioner of Customs, Salt, Opium and Abkari, Bombay,
had now brought to notice in his letter No. 1223, dated the 8th March,
1895 (copy of which and of its accompaniments is also enclosed) that the
concession granted by the Resolution quoted above is abuscd, and sug-
gcsts that the conccssion he discontinued as no other effective remedy I
for the abuse complained of can be taken. The Governor in Council
proposes to accept the Commissione~.'~ suggestion, 'but as the concession
concerns Imperia1 revenues and the action of this Government in with-
drawing it might possibly lead to friction with the Portuguese Govem-
ment, 1am to state thatHis Excellency in Council has thought it advisa- 1
ble to enquire if the Govemment of India have any objection to the
withdrawal of the concession. ASNEXES TO PRELIhIINARY OBJECTION (CNO. 42)

No. 21.

No, 1223, dated Bombay, 8th March, 1895.
From-

The Honourable T. D. Mackenzie, Commissioner of Customs, Salt.
Opium and Abkari,
To-

ialtRevenuef The Chief Secretary to Government, Revenue Department, Bombay.
qo.458, Adverting to Government Resolution in the Political Department,
:895. withy.No. 1251 ,ated 21st Febmary, 1893,1 have the honour to submit for the
.ccompanirnent-consider oftGonvernment copies of the correspondence inarginally
2ommissioner
Salt.Opium on the subject of the concession to the inhabitants of Nagar Haveli off

;":t&yd arksport of ricefreeof duty purporting to corne€rom villages in that
1895.Februarpargana to Daman.
zollectof 2. It seems clear that the anticipations of my predecessor as to
FA: complications arising and loss of British revenue ensuing on the gant of
5th March that concession have been fully realisand there can beno reasonabIe
1895. doubt not only from the specific instance brought to notice by
Mr. Jenkins, but by the steady increase of so-called Nagar Havelandce
the corresponding decrease of British rice passing Our Nakas that the
concessionis abused, that much British rice evades payment of the duty
on export by passing as Portuguese rice, and that British revenues suffer
correspondingly.

3,1 find from summarising the information submitted by the CoIlector
of Salt Revenue with his letter No.1085,dated 6th instant, thatfrom
April, 1593, the earliest month for which record of the Portuguese
export has been kept up to January, 1894, 19,369maunds of so-called
Portuguese nce passed our Nakas; from February, 1894, to January,
1895 he quantity had risen to41,17 0aunds, while during the period
from February, 1893,to January, 1894, 29,04 3aunds of British rice
passed as against 18,366 maunds in the corresponding period from
February, 1894,to January, 1895; in short that in the space of two
years Portuguese rice exports have risby 21,80 m0aunds whiIe British
nce exports have failen by10,677 maunds. These figuretell their own
tale, and1 submit that the concession should no longer be continued.

No. 22.

Xo. 458,dated ~haia~hada, the 29th January, 18gj.

From-
J. L.Jenkins,Esq., Acting Collector of Salt Revenue,

To-
The Commissioner of Cüstoms, Salt, Opium and Abkari.

Department. 1 have the honour to bring to your notice the following circumstances
arising out of the concession granted by Government * Resolution ANNEXES TO PRELIMINARY OBJECTION (C NO. 42)
3$9
No. 1251 of the 21st February, 1893, under which rice the produce of the
Portuguese Pargana of Nagar Haveli may be exyorted frorn British
territory into Daman free of export. duty provided it is covered (a) by
a certificate from the administratoi. of Nagar Haveli, stating that the
rice is the produce of that Pargana and (6) by a pass from tht: Govem-

ment of Daman.
2. It has Iong been suspected that rice produced in British villages
was being fraudulently exported under cover of Portuguese passes. It
was found to be a comrnon practice of merchants to bring consignrnents
of rice close up to the frontier, in 'British territory, anto keep them
there, while the merchant or his agent proceeded to Daman to obtain
passes. In such cases there was a strong presumption that the rice had
never been in Nagar Haveli at all, and 1 directed that duty should be ,
charged in al1cases that were detected. But the only result was thatthe
nce is now kept a little further from the frontier beyond the observation
of our Customs Officers.

3. On the 16th January a merchant Desai Akhu Gosai, brought
five cart loads of rice to the Challa Naka and produced the certificate
and pass, of which translation are attached. The certificate which is
written by the administrator of Nagar Haveli states that 74 maunds of
rice contained in five carts were the produce of Nagar Haveli. When the
carts reachcd the Naka it leaked out that two of the five cartloadscame
from the British village of Udwa. An inquiry was instituted by the
Assistant Collector, and it was estabIished beyond doubt by the evidence
of the man who soId the rice to Akhu Gosai, of the two cartman, and of a
respectable resident of Udwa, that the rice contained in two of the carts
is not the produce ofNagar Haveli, but comes from British territory. It
follows therefore that the certificate granted by the administrator of
Nagar Haveli is false.

4. 1 am not disposed to blame tlie administrator. It is the system
which is in fault. The concession must necessarily be attended by fraud
and 1am unable to suggest any precaution by which it can be prevented.
When applications for certificates are made to the administrator, it is
quite impossible that he should be alile to satisfy himself that the rito
which they relate is actually the produce of Nagar Haveli. Even if hc
hirnself saw and weighed the rice in Nagar Haveli in each case, which is
hardly possible, there would be no guarantee that it had not been brought
from adjoining British villages for the purpose of obtaining the certificate.
5. It is pretty certain that the case now brought to notice is one of
many which have passed undetected. In fact detection is impossible,
except by the merest accident, and it is in evidence that the same mer-
chant has previously brought consignments from Udwa in the same way.

6. As matters now stand not on]; iç the British Revenue defrauded
of a considerable surn every year, biit the traders and owners of vessels
in Daman are subsidised to the detriment of those Iiving iri British
territory.
7.Now that the worthlessness of the certificates granted by the
Portuguese Authorities has been scifully demonstrated, 1 trust that
Government wiIl see fit to withdraw the concession. 39O ANNEXES TO PRELIMINARY OBJECTION (C NO. 42)

No. 26.

No. 3584-1.
From
The Assistant Secretary to the Government of India,

The Chief Secretary to the Government of Bombay, (Political
Department).
Simla, the zgth October, 1895.
Sir,
Foreign Dept. 1 am directed to acknowledge the receipt of your letter No. 5224,
dated the 21st August, 1895, relative to the passage free of duty into
Daman, through intervening British territory, of rice produced in the
Portuguese district of Nagar Haveli.
-
z. It appears clear that the concession haç been abused, and I am
to request that, with the permission of His ExceLlency the Governor,
the position may be explained to the Government of Porfuguese India,
who should be informed that anypractical suggestion for the prevention
of the abuse will receive careful consideration, but that meanwhile, to
prevent loss to British revenue, the concession will be provisionally
withdrawn one month after the date of the letter.
1 have the honour to be,
Sir,
Your most obedient servant,

(Signed) J. HAYESSADLER,
Officiating Assistant Secretary to the Government of India.

NO. 3585-1.

A copy of the foregoing correspondence is forwarded to the Finance
Department for information.
By order, etc.,

(Signed) J. HAYESSADLER,
Officiating Assistant Secy. to the Govtof India.

Foreign Department,
Simla,
The 29th October, 1895. AKNEXES TO PRELIMINAIZY OBJECTION (C NO. 42) 39'

Provisional withdî.awa1of the conce:;sionexempting rice, theflroduce of
Nagaï AveEi /rom Daman
No. 7831

POLITICAL DEPARTMENT

Bombay Castle,
'7th December, 1895.

Memorandum from the Revenue .Department, No. 5329, dated the
13th July, 1895:-

Transferring a report No. 1zz3'd:rted the 8th hlarch, 1895,from the
Comrnissioner of Customs, Salt, Opiiim and Abkari, who submits copies
of certain correspondence which has passed between the Collector of Salt
Revenue and himself on the subject of the concession made to the
inhabitants of Nagar Haveli to transport free of duty rice purporting to
corne from villages in that Pargana to Daman, states that it seems clear
that the anticipations of his predecessor as to complications arising and
loss of British revenue ensuing on the grant of that concession have been
fully realized, and that there can be no reasonable doubt, not only from
the specific instance brought to notice by Dr. Jenkins, Collector of Salt
Revenue, in which it was discovered that two out of five cart loads of
rice brought to Challa Naka under a pass granted by the Administrator
but by the steady increase of so called Nagar Haveli rice and the corre-
sponding decrease ofBritish rice passing the nakas, that the concession
is abused; that much rice evades payment of the duty on export by
passing as Portuguese rice and that the British revenues çuffer corre-
spondingly; suggests for reasons given, that the concession should no
longer be continued. Transfemng also further reports on the subject
from the Comrnissioner of Customs, Salt, Opium and Abkari, Nos. 2760,
and 3160, dated respectively, the 15th june and 5th July, 1895,together
with the notes and minutes recorded 1:hereonin the Revenue Department
for the necessary action.

Letter from the Asstt. Secretary to the Govt. of India Foreign Depart-
ment, No. 3584-1, dated the 29th October, 1895:-
"1 am directed to acknowledge the receipt of your letter No5224,
dated the zxst August, 1895, relative to the passage, free of duty
into Daman, through intervening British territory of rice produced
in the Portuguese District of Nagar Aveli.

"2. It appears clear that the concession has been abused and
1 am to request that with the permission of His Exceliency the
Governor, the position may be explained to the Govemment of
Portuguese India, who should be informed that any practical
suggestion for the prevention of the abuse will receive careful
consideration but that meanwhile, to prevent loss of British Rev-
enue, the concession will be provisionally withdrawn one month
afterthe date of the letter." ..ZNNEXEÇ TO PRELIMINARY OBJECTION (C NO.42)
392
RESOLUTION.-TheGovernor General of Portuguese India should he
addressed in accordance with paragraph 2 of the above letter from the
Government of India.
(Signed)A. SHEWAN,
Ag. Secretary to Government.
To

The Commissioner of Customs, Salt, .Opiumand Abkari.
The Governor General of Portuguese India
(by letter No. 7832 dated 17th December, 1895).

No. 64 of 1896.
Camp Bareja.

9th January, 1896.

The orders of the Government of India were communicated to the
Portuguese Government under the Bombay Government letter No. 7832
of the 17th December, 1895.
(Sig~ed)
Ag. Collector of Salt Revenue. ANNEXES TO PRELI&IINAIIY OBJECTION (CNO. 43)

Annex C.No. 43

Record O@i:e,Bombay

COMMR,
1900.
DIS.

Case No. rog.

COLLR.S.R. BOMBAY.
Translation.

Nova Goa.

2nd September, 1897.

His Excellency Lord Sandhurst,
Governor of the Presidency of Ekombay.

Most Tllustrious and Excellent Sir,

The inhabitants of the District of Daman being in a very miserable
condition owing ta the plaguesvhich has been raging therwith virulence
for the last few years, and in consequenceof great scarcity of rain this
Season, 1venture to request Your Excellency the kindness of informing
me whether Your Excellency's Government could, at least while this
state of affairs continues, allow the product of the Portuguese territory
of Nagar Avaly, .with the exception of Country liquor, to be carried to
Daman and vice versa, free from customs duties at present levied under
the regulations of the Presidency 011 account of their being conveyed
through the British territory intervening between the Portuguese terri-
tory. If the reason for collecting such duties is not due only to the transit
through British territory, but simpljr to avoid the Portuguese products,
from being carried clandestinely to the British territory without paying
customs duties, it seerns to me that necessary precautionsleadirig to the
same end can be adopted without any need of such taxation.
For instance, it could be ordered that the products above referred to
be conveyed free (a) escorted by Portuguese soldiers who shall be res-

ponsible for any diversion of such products whilst crossing the British
territory; (b)or when conveyed in carts, closed and sealed, the seals
may be exarnined at the British post on the Frontier;(c)or on condition
of their being weighed atthe outgoing frontier post and a transit pass
granted, stating the quality and weight ofthe goods which may be veri-
fied at the next frontier post and the goods confiscated, if short.
Requesting your Excellency's kind attention to this çubject on
behalf of the Indian population of the district above referred to, and
chiefly prompted by the sense of humanity, 1 feel confident that I'our
Excellency's enlightened Government will take into consideration the
irnpropriety ofsuch a taxation andthefact of the Portuguese Government
not levying any tax either on goods which go through the Marmagoa
harbour to the British districts, on those which, coming from the said
district, cross the Goa territory for sl-iipment at the Marmagoa harbour.394 ANNEXES TO PRELIMINARY OBJECTION (C NO. 43)

Accept, most Iliustrious and Excelient Sir, the assurances of the
highest consideration with which 1 have, etc.

(Signed) J. MACHADO,
Governor General.
Encl. No. 6468.
Political Depart.
Bombay Castle.

Forwarded to the Revenue 23rd Septernber, 1894.

(Below GovernmentEndorsementNo. 7005 duted 4th October,1899.)

No. 5660 of 1899.
Bombay,
9th October, 1899.

Forwarded to the Collector of Salt Revenue, for favour of report.
(Stgned) Illegible.
Ag. Commissioner of Customs,

Salt, Opium and Abkari.

No. 5889of 1899.

Bombay,
II October, 1899.

With reference to the above, the undersigned bas thehonoiir to report
that there would appear to be some misapprehension as to the actual
situation with regard to the isolated pargana of Nagar Haveli.
2. There areno British Customs posts on the frontier of Nagar Haveli.
Imports into and exports from that tract of Portuguese territory are
absolutely unrestricted.
3. In respect of exports into Daman, Nagar Haveli is treated exactly
as though it were British territory. Al1such exports except rice are free
of duty.

4. It will be seen therefore, that, except with regard to rice, the
trade between Nagar Haveli and Daman, already enjoys all the facilities
and no specialmeasures are required in that behalf.ires to secure for i;

5. When Customs posts were established on the Daman frontier,
privileges were under certain conditions accorded to rice the produce of
Nagar Haveli exported to Daman. It was found however that the
concession was abused, and after a peculiarly gross case of fraud had
been brought to light, it was withdrawn by the Government of India
(Government Resolution No. 7831 of the 17th December, 1895 ,olitical ANNEXES TO PRELIMINARY OBJECTION (C NO. 43)
395
Department). Mr. Jenkins cannot recommend that the concession should
be renewed.
J. L. JENKINS,
Collector of Salt Revenue.

(BeEow Govt.Endorsement,Reu. bektt.,No. 7005 of 41t Oclober,1899.)

No. 5806 of 1899.

Bombay,
17th October, 1899.

With reference to the above the undersigned has the honour to
transcribe below reportNo. 5889dared the 11th instant from the Collec-
tor of Salt Revenue:-
"There would appear to be some misapprehension as to the

Haveli.situation with regard to the isolated pargana of Nagar

2.There are no British Customs posts on the frontier of Nagar
Waveii. Irnports into and exports from that tract of Portuguese
Territory are absolutely unrestricted.
3. In respect of exports into Daman, Nagar HaveIi is treated
exactlyas though it were British territory.AI1 such exports except
rice are free of duty.
4.It wiU be seen therefore, that, except with regard to rice,
the trade between Nagar Haveli and Daman, already enjoys al1
the facilities which the Govei-nor General of Portuguese India
desires to secure for it; and no special measureç are required in
that behalf.

5. When Customs posts were established on the Damaun Fron-
tier, privileges were under certain conditions accorded to rice
the produce of Nagar Haveli exported to Damaun. It was found
however that the concession was abused, and aftera peculiarly gross
case of fraud had been brought to light, it was u-ithdrawn by the
Government of India (Govern~nent Resolution No. 7831 of the
17th Deccmber, 1895, Political Department). Mr. Jenkins cannot
recommend that the concession should be renewed."
z. The Acting Commissioner concurs with Mr. Jenkins. ,

(Initialled)
Ag. Commissioner. (Translation.)
No. 26 of 1900.

New Goa,
6th March, 1900.
From
His Excellency Colonel Joaquim Jose Machado,
Governor-General of Portuguese India.

His Excellency Lord Northcote of Exeter,
Governor of the Presidency of Bombay.

Most Illustrious and Excellent Sir,

With regard to the çubject of transit of goods between the two tracts
of Portuguese territory which fom the districof Damaun (the one called
Damaun and the otherPargana NagarAvely) ,about whichcorrespondence
was exchanged witli Your Excellency's predecessor, Lord Sandhurst,
referred to in His Excellency's letter No. 8397,dated the 9th December
last,1 have the honour, availing myself of the courteous assent expressed
in paragraph 3 of the same letter, to submit to Your Excellency's
consideration the following.
z.As the tract of Damaun is separated from Nagar AveIy by a
tract of British territory,1requested Your Excellency's Govt:rnment to
allow the transit of goods between these two tracts of Portuguese terri-
tory, free from customs duties by adopting, if necessary, such measures
as may be deemed advisable to protect the lawful British interests. In
paragraph z of the above quoted letter from Lord Sandhurst it is stated
"that in respect of exports into Damaun Nagar Avely is treated exactly
as though it (Nagar Avely) were British territory, and al1such exports,
except rice, are exempted from the payment of duty" ;and inparagraph I
of the same letter it is stated "that there are no British Customs posts
on the frontier of Nagar Avely, and that imports into and exports from
that district are absolutely unrestricted."

3. Ttis a fact that there are no British Customs posts on the frontier
of Nagar Avely, but there are on the frontier of Damaun and in these
duties are collected both for the goods goingto Nagar Avely and for the
rice which coming from Nagar Avely, Portuguese territory, enters into
Damaun, also Portuguese territory.
4. The rice produced at Nagar Avely is allowed to be exported to
the British territory free from duty, but when it is intended for the
Portuguese territory, it is liable to certain taxes in favour of the British
treasury. It isthis fact which seems to me to be unfair and highly
detrimental to the population of Damaun, which, being fed exclusively
with this cereal, is however, unable topay a high price for it on account
of the poverty to which it has been reduced by the epidemic of the

bubonic plague and the great scarcity of rain during the last two years.
5. 1beg Your Excellency to confront this exaction under the regu-
lations of the Presidency intrusted to Your Excellency's enlightened
administration, with the fact that any goods are allowed to be exported, AKNEXES TO PRELIMINARY OBJECTIOK (C NO. 43) 397
for instance, from Bombay,by searoute, travelling free by the Mormagao
Railway (in the Portuguese territory) and entering into the Deccan or
into any other British district exempted Irom the payrnent of duty and

vice versa.
6. Tlie import of rice at Damaun from Nagar Avely, free from the
payment of duty at the British Customs posts, was allowed up to De-
cember, 1895, but since then a new rule was enforced owing to the
fact that a British subject, misleading the good faith of a Portuguese
official,succeeded in importing into Darnaun a portion of rice which had
not come directly from Nagar Avely, but from aBritish district. For this
offence might have been held responsible the transgressor or the official
who allowed hirnself to be rnisled, or, at the most, the Government of
my country who would be willing to yay any compensation equivalent
to the tax which was due to the British Customs on the frontier of
Damaun. Instead of such being the case the matter took another course,
so that the offender was left unpunished and the punishment fcll upon
thc innocent inhabitants of Damaun and Xagar AveIy.

7. In support therefore of the lawful Portuguese rights and the
interest of the Damaun people, who are struggling at present with the
famine, 1 beg to request Your Excellency, in case it should be impossible ,
ta allow free transit to al1goods between Nagar Avely and Damaun and
vice versa,to grant the exemption at least as regards tlie rice produced
at Nagar Avely and exported to Damaun, and the fish exported from
Damaun to Nagar Avely, under such leçal formalities and restrictions
which Your Excellency's Governmeni: may deem convenient.
Accept, Most Illustrious and Excellent Sir, the assurances of the
highest consideration with which 1 have the honour tobe,

Your ExcelIency's most obedient servant.
(Signed) J.MACHADO,

Governor-Gencrsl.

Political Department.
Bombay Castle.
30th March, 1900.

Copy forwardcd to the Kevcnue Department for consideration, with
reference ta that Department memoi-andum No. 8037, dated the 11th
Novernber, 1899.
W. T. hlori~so~,

Acting Secretary to Government. 398 ANSEXES TO PRELIMI?*'ARY OBJECTION (C XO. 43)

No. 2460 of 1900.

Revenue Department,
Bombay Castle,
18th April, 1900.

Fonvarded to the Commissioner of Customs, Salt, Opium and Abkari,
for favour of early report with reference to the correspondence ending
with his hiemorandum No. 5806, dated 17th October, 1899.

K. S.'LAWRENCE,
Under Secrctary to Government,

(Below No. 2331 of 20th April, 1900, from lhs Commv. of CztsdomsBe.)

NO. 1935 0f 1900.
Camp Talewadi,

29th April, rgoo.

UTithrcference to the above the undersigned has the honour to state
that ithas been clearly proved that fraud is the necessary concomitant
of any concession for the export of rice purporting to be the produce of
Kagar Havcli into Daman without payment of duty. That this would be
the case was sufficiently evident before the expenment was tried; but
the British Govt. with their usual regard for Portuguese susceptibilities,
determined thatthe concession should be allowed until experience should
show that it was abused.

z. Fiom the time the concession was granted the exports of so called
Nagar Haveli rice began to go up by Ieaps and bounds; while there was
a corresponding decrease in the exports of British rice. The figures are
given in the Commissioner's letter to Govt. No. 1223 of the 8th March,
1895. It was evident that large quantities of British rice were being ex-
ported, under fraudutent certificaties obtained from the Portuguese
authorities; but it was very difficult to prove any specific case of fraud.
At last however a case was detected in which ari attempt was made to
export five cart loads of rice, produced in a Britishvillage, iinder cover
of a pass granted by the Administrator of h'agar Waveli certifying that
it was the produce of that Pargana. The facts were then reportcd to

Government & the concession was withdrawn.
3.The Govr. Genl. of Portuguese India represented this as an isolated
caçe; whereas it was, in fact, onc of very rnany, though the only one
detected. The figures show clearly that upwards of ~o,ooo maunds
of British grown rice had bccn exporred to Daman free of duty under
false certificates of origin granted by the Portuguese authorities.

4. If the concession is renewed the same results will inevitabIy follow.
The circumstances are such that itis quite impossible to prevent fraud.
The mere fact that, in spite of the utmost vigilance, and al1 the efforts
of one of the ablest officers of the Department, so great a quantity ANNEXES TO PRELIhlINAKY OBJECTION (C NO. 43) 399
of rice was fraudulently exported before a specific case couldbe proved

is sufficient to show how easily fraud: can be committed. An arrangement
which offers such temptations to successful fraud is demoralising both
to the Customs Establishment & to the people of the British villages
in the vicinity of Daman & Nagar IIaveli.
5. The Portuguese Authorities do not appear to realise thc full extent
of the benefit which results to the Pargana of Nagar Haveli owing
to the absolute freedom which it enjoys from al1 British Customs re-
strictions.This may be taken as a full set offagainst al1the inconl,eniences
to which the trade between Nagar Raveli & Daman is necessarily sub-
jected owing to the establishments of Customs posts on the frontier
of Daman. It is of far more importance to Nagar Haveli that it should

have free & unrestricted trafficwith British territory, than that it
should be able to export rice free of duty to Daman, & receive goods
from Daman free of duty. It is unreasonable to expect that Nagar
Raveli should, in respect of British Customs arrangements, be treated
just as though it were a British district, & at the same tirne be granted
special concessions on the ground that itis part of Portuguese India.

(SYnzd) J. L. JENKINS,
Collr. of Salt Revenue.

No. 5518

POLITICAL DEPARTMENT

Bombay Castle,
zxst JuIy, 1900.

His Excellency
Colonel Eduardo Augusto Rodrigues Galbardo,
Governor General of Portuguese India,
New Goa.

Most Illustrious K:ExcelIent Sir,
1 have the honour to acknowledge the receipt of the letter No. 26

dated the Gth Rlarch, 1900, from your ExcelIency 'spredecessor , regiirding
the proposa1 to allow rice to be exported from Nagar Haveli into Daman
free of duty,and jn reply to Say tlianiy Government regret that thcy are
unable, after a careful consideration of the question to grant the con-
cession asked for as past experience h:~sshown that it is sure to be abiised.
That this would be the case was sufficicntly evident beforc the experiincnt
was last tried, but iny Government out of deference tothe wish of your
Excellency's Government decided to make the trial. Your Excellency has
remarked that the concession then granted was withdrawn on the
detection of an isolated case of frauil but I beg leave to explain that
though only one case was detected, -there were very many other cases
which really occurred but which could not be brought home owing to
the difficulty of provingthem. From the time the concessionwas granted40° ANNEXES TO PRELIbIINARY OBJECTION (C NO. 43)
the exports to Daman of so called Nagar Aveli rice began to go up by

leaps and bounds while there was a corresponding decrease in the ex-
ports of British rice and from the figures which were fumished to my
Govesnment by the Commissioner of Custorns, it was evident that
upwards of 10,000 maunds of British grown rice had been exported to
Daman free of duty under false certificates of origin.
2. If the concession is renewed, same results will my Government feel
convinced inevitably follow, as the circumstances are such that it iç
quite impossible to prevent fraud. The mere fact that in spite of the
utmost vigilance, and al1 the efforts of one of the ablest officers the
Customs Department of my Government so great a quantity of rice as
that mentioned in paragraph r above was fraudulently exported before
a specific case could be proved, is sufficient to show how easily frauds

can be comrnitted, and with what littlc risk ofdetection. An arrangement
which offers such temptations to successful fraud is, your Excellency will
agree with me, demoralising both to the customs establishment and to
the people of the British villagesin the vicinity of Daman and Nagar
Haveli.
3. 1 have the honour in this connection to invite your Excellency'ç
attention to the extent of the benefit which results to the pargana of
Nagar Haveli from the absolute freedom it enjoys from al1 British
customs restrictions. This appears to my Government to bt: a full set
off against al1 the inconveniences to wliich the trade between Nagar
Haveli and Daman is necessarily subjected owing to the establishment
of customs posts on the frontier of Daman. For it is evidently of far

more importance to Nagar Haveli that it should have free and unrestrict-
ed traffic with British territory than it shouid be able to export rice to,
and receive goods from Daman free of Duty. And it can not reasonably
be accepted that Nagar Haveli should in respect of British customs
arrangements be treated just as though it were a British District and
at the same time be granted special concessions on the groiind that it
is part of Portuguese India.
4. In conclusion 1 venture to express the hope that your ExceIlency
will be satisiîed with the soundness otliereasons for which my Govern-
ment are unable to gant the concession desired by you.

Accept most Illustrious and Excellent Sir,
the assurances of profound respect with which 1 have the honour
to subscribe myseif,

Your Excellency's most obedient, humble servant,
NORTHCOTE. POLITICAL DEPARTMENT
Bombay Castle,
zrst July, 1900.

Copy forwarded to theRevenue Department for information with
reference to the correspondence ending with that Departmmemo-

randum No. 3333 dated the28th May,1900.
W. T. MORISON,

Ag. Secretary to Government.

No. 4942of1900

REVENUE DEPARTMENT
Bonibay Castle,

g August, 1900.

Copy forwarded to theCommissioner of Customs, Salt, Opiumand
Abkari for informationwithrefereiice to the Correspondence ending
with his Memorandum No. 2613 ,ated 4thMay,1900.

R. S. LAWRENCE?,
Under Secretary to Government.402 ANNEXES TO PRELIMINARY OBJECTION (C NO. 44)

Annex C. No. 44

National Archives, New Delhi

GOVERNMENT OF INDIA

Proceedings, April1907,Nos. 38-40.

ProPosecimeasures for the prevention of smztggling of Eiquorfrom the
Portquese possessions of Daman and Nagar Avely into the adjoining
British districts.
Pro. No. 38.

ENDORSEMEN FROM THE FINANCE DEPARTMENT N O. 2783,DATER THE
28~~ (RECEIVED 30~~) MAY,1906

Forwards,for i7zformation,copy of a letternddrestothe Governmentof
Bombay calling for the views of that Governmenton the pro$osal
made by the Govenzment O/Portzegalfor a reci$rocal arrawgement
zeiitaviewtuthepreventioaof smugglingO/Eiquorfrom thePortzkguese
possessions of Damm and Nagar AveZy into the adjoining British
Districts.
A further communication from the Finance Departmerit may be
awaited.

C. H. C.,-31- j-1906.
C. E. P.,-31-5-1906.
V. GABRIEL,-9-6-1906.

(ATotesin theFinance Department.)

FROM THE GOVBRNMEN OT BO~IHAY N, .10352, DATED THE
IST NOVEMBER1,906
Subnzitsa reportontheprofiosalmadeEiythe GovernmentofPortugalfor the
carrying outof a reciprocalnrrangenzet ith the British Government
with a view to prevent the smuggling of liquor from thePortuguese
possessions of Daman and ~liagarAvely into the adjoining British
districts.

The previous history of the case is summarised in the noteby Mr.
Gabriel, dated 7th July,1904,and by Mr. Campbell, dated 23rd July,
1904, on pages 3-5of notes of InternaA, Novernber, 1go4,Nos. 51-52.
In accordance witli the decision stated in the latter note, the Bombay
Government and the Secretary of State were addressed in N51.and 52
of the Proceedings above referred to,and their replies are reinrthe
Finance Department Proceedings A, May, 1906,Nos. 171-179 These
payers should be readin extenso. AKNEXES TO PRELIM1NAR.Y OBJECTION (C NO. 44)
4O3
z. In them the Bombay Government were asked to statc:-

(A)Whether the proposed prohibition of the export of mhowra
flowers i~itothe Portuguese possessions of Daman and Nagar Avely
would be effective and practicable; and if so,
(s) Whether it would not be preferable to levy an export duty
upon mhowra and othermaterials for distillation taken from British
India to the territories in question, so as to equalise the British
and Portuguese rates of duty upon the manufactured spirit.

The Local Government's reply t13the first question was that the
prohibition of the export of mhowca flowers could be made absolutely
effective as regards Daman and prat:tically so as regards Nagar AveIy;
while as regards the second question they stated that although it would
be practicable to impose a duty on exports to Daman, this would not be
the case as regards exports to Nagar Avely, and that consequently if the
pIan of taxing exports was adopted, it would be necessary to have recourse
to a composite arrangement, viz. e,rport duties for Daman and prohi-
bition for Nagar Avely. On the wliole, they recommended total pprhi-
bition of the export of mhowra flowers as the simplest and most effectua1
method of attaining the object aimed at, and this view was accepted by
the Government of India.

3. The Secretary of State was asked to enter into diplornatic nego-
tiations with the Portuguese authorities in Europe through the medium
of the Foreign Office, in view to an amicable settlement of the matter;
and in reply he forwarded in April last a note by the Portuguese Minister

of Foreign Affairs in which that authority pointed out:-
(A) That the smuggling of liquor from the Portuguese Indian
possessions of Daman and Nagar Avely into the adjoining districts
of Bombay was an impossibility in consequence of the strict watch
kept by the British authoritieson the frontier.
(B) That the Goa Government had al1 along shown a sincerely
accommodating spiritin the matter of prevention of such smuggling,
but that to fix a minimum sale price of liquor and to limit the

number of shops in the Portuguese possessions of Daman and
Nagar Avely would mean a serious loss to the Portuguese revenues.
(c) That nevertheless, if, as compensation for that loss, the
British Government would permit the free passage through their
territory ofsalt, rice and other dutiable products from Daman to
Nagar Avely, and viceversa, the Portuguese Government would
in their turnbe prepared to fa11in with the vicws of the Bombay
Government in the matter of thi: liquor arrangements and a modus
vivendi would be possible.

4. The Secretary of State deçired to be furnished with the views oi
the Bombay Government on the above proposals, and the lettcr under
disposal contains these. The Bombav Government observe:-
(1) That the statement that the smuggling of liquor fronl Portu-
guese into British districts is an impossibility is not correct, for it
is incontestable that the British revenues suffer not only through

the actual consumption of Port.uguese liquor by British subjects
within Portuguese territory, but aIso by reason of the cluantity
of liquor which they smuggle across the frontier. 4O4 AXNEXES TO PRELIMINARY OBJECTIOK (CNO. 44)

De~artrnentA. (2) That the Goa Government are not justly entitled to the
revenue which they at present derive from this smuggling trade,
Separate and that they cannot therefore equitably clairn any compensation
February.1895, for the loss of thiç revenue.
NOS. 38to 47 (3) That the quia $ru quo claimed by the Portuguese Govern-
A, ment would only result in the creation of the sarne difficulties in
internal,
1895,ber. regard to salt and rice as it is sought to remove in respect of liquor
NOS. 7 to26 (vid peapers speciiied in the rnargin) * and should therefore most
Finance emphatically not be granted; while there is nothing else of tangible
Deriartment value which the British Governmerit can offer as a set-off against
SrocrateingA* the revenue which the Portuguese claim.
Revenue.
December, (4) That the Portuguese Government have never shown any
Nos.'355 t358 "accommodating spirit" or a desire for an amicable settlement of
the question; and that further negotiation with them on the subject
Finance being useless we should at once issue the notification proposed
PeriedtigstA, by the local Government in 1901 ,rohibiting the export of mhowra
AU~USI. 1901, flowers to Daman and Nagar Avely, this step being supplemented
Nos 336 338. by the following supplementary measures :-
correspondence
(A) Opening on the British side of the frontier as niany shops
as the Portuguese have perrnitted on their side, tlie number
to be reduced as the Portuguese reduce theirç.
(B) Colouring al1spirit to be supplied tothe frontier tracts both
in Surat and Thana.

(c) Reducing the still head duty in the frontier tracts to an
uniform rate of RI-4- 0 er gallon 2jO U. P. and annas IO per
gallon 60" U. P., the maximum selling price being proportionately
reduced.

(5) That although the above action would not be altogether
in consonance with the Government of India's ideal of a unified
Customs and Excise system for al1 lndia and the abolition of aii
internal Excise and Customs fnes, it should be taken not as an
end in itself, but as a means of enabling the British Government in
treating with the Portuguese, to offer something of value as an
inducement to CO-operatewith them.

(6) That in the event of any further negotiations being, however.
decided upon, the Portuguese Government should be asked not
only (A)to raise the selling price of liquor in their distriof Daman
and Nagar Avely to the level of that obtaining in the adjacent
British districts,and (B) to limit the number of shops and remove
them within a prescribed distance from the British frontier, but
also (c)to restrict retail sales in the shops to one bottle at a time
to each individual, and (D) to control the trafficin mhowra flowers

by prohibiting their import except under permit and foruse only at
licensed distilleries.
The des~atch 5. We rnay perhaps generally concur in the views of the Bombay
Government and ask the Secretary of State for permission to issue the

Department notification prohibiting the export of mhowra flowers to Daman and
Nagar Avely as recommended bythat Government. In doing so, we may
add that we do not approve of the subsidiary measure (a) referred to in
clause (4)of the preceding paragraph, and that we propose to instruct the
Local Government not to adopt it. The measure in question appears to ANNEXES TO PRELlMIKARY OBJECTlOh' (C NO. 44) 40.5

be objectionable on temperance grounds; and we have no definite in-
formation (beyond the statement of the Bombay Government) as to
its being in force in Madras. It is presumed that the Bombay Govern-
ment do not desire at present to proliibit tIie export to Daman and Nagar
AveIy ofother articles for distillation than mhowra flowers; but to make
sure the enquiry suggested in paragraph 3 of Mr. CampbelI's note of the
13th December, 1904, on page 2 of Finance Department Proceedingç A,
May, 1906, Nos. 171-17 9ay perliaps be made of them while we are
awaiting the Secretary of State's n:ply.

6. The Foreign Department should see the case before issue of orders.

B. B.,-16-12-1906,
I agree with the above. IVe Au!;t presumably obtain the Secretary
of State's approval before the Bombay Government takes any further
action, in view of his request to be informed as to whether the proposa1
suggested by the Government of Portugal can be made to serve as the
basis of an arrangement.

z. With reference to the proposa1 made in paragraph S (1) of the
Bombay letter to open further shops on the British side of the frontier,
we may perliaps also ask the Madras Government demi-officially as to
the facts as regards the alleged adoption of a similar measure in that
Presidency.

3.As regards the reduction of the stilI-head duty in tl-itfrontierFinance
tracts suggested in paragraph 8 (3) of the letter, it appears that the ~,",~~~, A"~~
Portuguese possessions of Daman and Nagar Avely adjoin the Pardi August,1901,
(and possibly the Bulsar) Talukas of the Surat district and the Umbar- Dase31ofto 331
gaon Petha of the Thana district, vide map after page 18 of the Boinbay coi-res~ondenci
Excise Report of 1905-1906 and Proceedings cited in the margin. In z;,",t'menr
these tracts the existing rates of diity on country spirit are as followProceedings A
(vide column 16 of Imperia1 Form IV attached to the Excise Report) :- #oa :f:g-4i79
page5 of
Pcr gallon corres~ondenci
A
25" U.P. 60"U.P.
R. a. p. R. a. p.
12 oand O 13 oand
Bulsar ............. 4 oandr 2 O
Pardi ............. I 12 O O 13 O

Umbargaon .......... I 12 O O 14 O
There need perhaps be no objection to the proposed reduction of the
still-head duty to RI-4-0 per gallon 25" U.P. and aniiaç IO per gallon
60" U.P. in the frontier areas.
H. F. Ho\vARD,-~~.Is.I~o~.

We may tell the Secretary of State, in reply to his despatch No. 68
of 6th April, 1906, that, for the reasons stated in the Bombay Govern-
ment's letter, we are entireIy opposed to the acceptance of the Portu-
guese Government's proposa1 that, ;is a qztid pro quo for their meeting
our wishes in respect to their liquor arrangements in Daman and Nagar
Avely, we shouId aIlow the free transit of rice and other articles bétween
these Settlements. As the Bombay Government point out, such "transit" ANNEXES TO PRELIMINARY OBJECTIOK (C NO. 44)
40~
would, in the case of salt and rice, inevitably degenerate, as formerly,
into unauthorised freeimport of these articles into British territory.

2. The Bombay Government have a legitimate grievance against the
Portuguese authorities in the liquvr matter; but wheii they want them-
(1) To limit the number uf their shops and have noi-ie within
3 miles of the frontier;

(2) To cnhance their taxation of country spirit;
(3) To limit sales ;
(4) To restrict import of rnliowra flowers;

they are, 1tliink asking too much. The Portuguese are naturally sensitive
in respect to the small territories left to them in India, and might reason-
ably object to such large modification of their excise syste~n at the
dictation of the Bombay Government
3, The main evil is the existence ot the frontier shops, and if the
Portuguese would agree to limit the nuniber of tliese and move them
back, allowing a shopless zone in the immediate vicinity of the frontier,

we shoulclget allwe really want. (The Excise Committee have recommen-
ded this-paragraph 298 of Report-in the case ofeNative States which
do not adapt their excise arrangements to ours.) Were such a zone
obtained, the Bombay preventive arrangements should suffice to cope
with the smuggling of liquor into British territory from the jnterior of
the settlements.
1think we should urge on the Secretary of State that the Portuguese
Government may fairiy be asked to make this concession without any
corresponding quid pro quo as it is clear that the frontier stiops as at
present situated are largely supported by issue of liquor to consumers in
British India.

4. If the Portuguese Government will not assent to this, then we
should ask Secreta~ of State to assent to Our forbidding the exportation
of mhowra flowers, and, if necessary, other articles that rnigfit be used
for distillation,from British India to the Portuguese settlements in
question. Such a prohibition can be generally enforced, and as Bombay
point out, it would seriousIy affect the Portuguese abkari revenue and
induce that Government to offer concessions with a view to its removal.
5. We should not agree to the suggestion in paragraph 8 (1)of the
5.N. B[AKER]
tis a ood Bombay letter that we should retaliate on the Portuguese frontier shops
ilaniP by opening a like number on our side. The spirited cornpetition to sel1
2. N,B[A#ERI Iiquor which would thus ensue is altogether to be deprecated. There is
of course no objection to colouring licit liquor in frontier areas, nor need
we object so long as present conditions obtain, to a lowering of the excise
rates in these tracts to check, smuggling. The Bombay Government do
not, however, it seems clear, intend to try this unless and until the
proposa1 to prohibit the export of mhowra flowers sl-iould be deemed
inexpedient for diplomatic reasons by the Home Government.
6. With reference to paragraph 2 of Under-Secretary's note, it is a

fact that a few years ago the Madras Government, to check an even more
aggravated situation in the portion of the South ilrcot district which
adjoins the French Settlement of Pondicherry, and kvhere French and
English villages are very much mixed up, reduced the rate of duty there
and (1think) also made some increase in the number of shops. The rate ANNEXES TO PRELIRIINARY OBJECTION (C NO. 41) 47
of taxation here (it is still on tlie average betweenR3 or 4 per proof
gallon) is still below that in trest ofthe South Arcot district, and the
Excise Corninittee, while they find no faiilt on this score, have observed

that the number of shops in the South Arcot District appears to be
unnecessarily large. This, however, appears to apply to the district aa
whole and not specially to the French frontier tracts.
In introducing the preçent arrangements inthe latter area wliich have,E.N. ~[AKER
1 believe, had a satisfactory resuliidiminishing smuggling, the Madras
Governrnent discreetly treated the case as matter of domestic arrange-
ment and did not corne up to us. There is no reason why ive should
interfere with them now.
7.The present case should of cotlrse be seen by Foreign Department
and also by Commerce and Indiistry Department if it be deciderl to press
the proposa1 re exyort of mhowra flowers.

Iagree throughout.
E. N. B[AKER],-29-12-1906.
Foreign Department.
--

The Foreign Department may aGee to the 'course proposed by the
Finance Department.

S. A.B.,-5-1-1907.
ff. B.~RNEÇ,-~-I-I~O~.
The reply to the Secretary of State's* despatch will presumably * No. 102in
issue from this Department. Finance Department will perhaps obligeInternaA,
NOS. 101-102.
us with a draft.
J. B. WOOD,-~-I-I~O~.
Department of Commerce and Industry.

We may agree to the action proposed in Mr. Meyer's note dated the
27th December, 1y6.

2. If it is decided eventualIy to prohibit the exportation to Daman
and Nagar Avely of mhowra flowerç, and, ifnecessary, other articles
that might he used for distillation. the necessary notificationwill be
issued by this Department under section 19 of the Sea Customs Act.
Legislative Department has advised that this can be done, vide page z
of notes in Finance Department Proceedings A, Separate Revenue,
August, 1901, Nos. 336-338. It would be necessary to include Goa and
Diu in the notice to prevent consignments being sent thence by sea to
Daman-vidc paragraph 5 of Proceedings No. 336 in above Proceedings page 2.
and the draft notification on page 22 of correspondence in the same
Proceedings.

B.I.,-9-1-1907.
M. M. S. GUBBAY,-10-1-1907.
W. L. HARVEY,-10-1-1907.
J: F. F[INLAY],-10-1-1907.
Finance Department.40S ANNEXES TO PRELIRIIKARY OHJECTION (C NO. 44)

A draft deçpatch to the Secretary of Stâte iç submitted. It may, if
approved, be sent to the Foreign Department for issue with reference to
Mr. Wood's note, dated the 7th January, 1907, The draft endorsement
below rnay at the same time issue to the Foreign Department.
B. B.,-1-2-1907.
H. F. HOWARD,-9-2-1907.

Yes. 1 think the case should be seen by His Excellency, but that
willbe a matter for the Foreign Secretary.

Pro. NO.39.
ENDORSEMEN FTOM THE FINANCE DEPARTMENT N,O. 932-Exc., DATED
AND RECEIVED THE I37.H FEBRUARY 1,907.

Forwards a cofiy of a lettefrom the Governmentof Bombay, Revenw
Department, communicatingtheir vims on the proposedarrangements
with the Poî.tztgueseGovernmentfor the prevention of tlts smagglivgg
of liquor jvom Daman and Nagar Avely into the adioa'ningBritish
districts.

The draft despatch prepared by the Finance Department may be
submitted to WisExcellency for approval.
S. A.B.,-I~-Z-I~O~.
E. BARNES,-15-2-1907.
J. B. W00~,-15-2-1907.

His Majesty's Government were most anxious to settle this case by
diplornaticaction, but I agree that the Portugiiese proposais are not
equitable and that there is no hope of arriving at an agreement without
resorting to a form of retaliation. The draft despatch is for Your
Excellency's approval.
L. W. D.4~~,-15-2-1907.
Please circulate.
M[INTo],-16-2-1907.
Seen.
K[ITCHENER],-18-2-1907.
Denzil I[BRETSON],-19-2-1907.
H. E. R[ICHARDS],-19-2-1907.
E. N, I~[AKEx],-19-~-1907.

H. A[DA~~soN),-I~-~-I~o~.
May be submitted to His Excellency on his return with a signature

His Excellency has signed the despatch.
1-38-40. L. W. DANE,-~~-~-I~o~. ANNEXES TO PRELTMINARY OEJECTIOK (CNO. 44) 4O9
Pro. No. 40.

DESPATCH TO HIS MAJESTY' SSECRETARY OF STATE FOR INDIA,
NO. 35-INTERNAI ,ATED THE ZQTH FEBRUARY ,907

States thatthe Governmentof India areentirelyopposedto theacceptanceof
the proposal of the Portuguese Governmentthat, as-a quid pro quo
for their meetingwith thewishesof the Governmentof indin in respect
to theiriqzdorarrangementsin Daman and Nagar Avely, the Govern-
ment of India should allow the jree transit of rice and ofher articles
betweenthese districts. Suggests,for the reasons given, ththePor-
tzkgzreseGovernmelztrnay be urged to allow a shopless zone in the
immediate viciaity of the l3ritz:shIndia frontier without any corre-
sponding quid pro quo; and says that in the eventof thePortuguese
Gaverwnettt refz~singto assent to tlzimeasure, the Government oj
India requestsanction to their firohibitingthe exportation of mhowra
fiowers, and, if necessary, of other articles that might he used fov
distillations, from British India to the Portuguese Settlements in
q~~estion. '

Forwardsa copy of the joregoingdesflatchfor inJormation

Pro. No. 38. --

No. 2783-Exc., dated Simla, the 28th (received 30th) May,1906.

Memo. by the Under-Secretary to the Governmentof Iftdia,
Finance Department.
Copy forwarded to the Foreign Deyartment, for information, with
~eferencê to the communication from that Department, No. 1876-I.A.,
dated the 9th May, 1906.

Dated Simla, the 28th May, 1906.
From :
H. F. Howard, Esq., I.C.S., Under-Secretary to the Government of
India, Finance Department,
To :

The Secretary to the Government of Bombay, Revenue Department.
In continuation of the correspondence ending with my letter
No. 1339-Exc., dated the 2nd May, 1906, Iam directed to forward acopy
of Despatch No. 68 (Revenue), dated the 6th April, 1906, from the
Secretary of State for India, and of its enclosures, regarding a proposal
made by the Government of Portugal for a reciprocal arrangement with
a view to the prevention of the smuggling of liquor from the Portuguese
possessions of Daman and Nagar Avely into the adjoining British
districts1 am to request that, as desired by the Secretary of State, the
Government of India may be favoured with the views of His Excellency
the Governor in Council on the proposal. 41° XNBEXES TO PRELIMINARY OBJECTlOh' (C NO.44)

Pro. No. 39.
No. ggz-Exc., dated Calcutta, the 13th (received 13th) February, 1907

Memo. by the Under-Secretary20theGovernmentof India,Finance
Department.
Copy forwarded to the Foreign Department, with reference to the

communication frorn that Department. No. 1876-I.A., dated the
9th May, 1906.
Enclo. Pro. No. 39.

No. 10352 of 1906.
Revenue Department,

Bombay Castle,
rst November,1906
From :
R. P. Barrow, Esq., I.C.S.,
Secretary to the Govemment of Bombay;

The Secretary to the Governrnent of India,
Finance Department.

Sir,
>roNO. 38. 1 am directed ta acknowIedge the receipt of the letter from the Gov
ernment of India, No.* 2783-Exc., dated 28th May, 1906, fonvarding

copy of a despatch (with enclosures) No. 68, Revenue, dated 6th April,
1906, from the Secretary of State for India, regarding the reciprocal
arrangements which the Government of Portugal suggest might be effec-
ted in order to put an end to the smuggling of liquor from the Portuguese
possession of Daman and Nagar Avely into the adjoining British dis
tricts, andto submit the following remarks on the proposals made.
2. The Government of Portugal claim that the Government of Por-
tuguese fndia have throughout shown a sincereIy accommodating
spirit in the matter of the settlernent of this question which has been su
long outstanding, and intimate that an agreement is not impossible,
provided thatthe Government of India will, as coml~ençationfor tlie loss

of revenue whicli must follow, permit, free of al1 duty, the passage of
salt and other Portuguese products, whcn transported under obser~ation,
from one to the other of the two districts of Daman and Nagar Avely.
1 am to draw attention to the fact that the revenue which will be lost
is revenue to which the Govemment of Portuguese India have no equi-
table claim; it is derived from liquor consumed by British subjects
dwelling in Rritish territory. Itis only because the Portugilese Iiquor
monoyolist is permitted to set up taverns near the frontier without any
restrictions whatever, and to charge forhis liquor a price appreciably
lower than that at which British licensees can afford to sell, that the
Government of Portuguese India are able to divert to tliemselves
revenue which should accrue to the British Government, ancl it is not
easy to understand on what principle compensation can be claimed for
the loss of revenue which isimproperly earned. ANNEXES TO PRELIMINARY OBJECTION (C 30. 44) 411
3. The Governor in Council, I arn to say, regrets that he can find in

the course of the correspondence which has been going on for the last
ten years, no evidence of a desire or1 the part of the Government of
Portuguese India to show an "accommodating spirit" or a desire for a
settlernent.At no tirne has that Government been willing to tzke either
of the Iwo measures which would have at oncc removed al1inducement
to British subjects to go out of their way to consume Portugiiese-made
country spirit, and have checked the administrative evil of whicti com-
plaints has been made, viz., (a) limiting the number of shops and per-
rnitting none within a prescribed distance frorn the frontier, and (6)
enhancing the taxation on country spirit within Portuguese territories,
thus raising the selling price to the 1c:velof that obtaining in the adjacent
British districts.The potential efft:ctiveness of these measures is un-
questionable. For the fewer the shops in close proximity to the frontier,
the less the likelihood that people uiould be tempted to resort to them;
while if Portug-iiese liquor could be obtained no cheaper thnri British,
the Portuguese shops would altogetlier cease tu attrrict purchasers from
the other side of the frontier. If is incorrect to Say that smiiggling is
impossible owing to the strict watcli kept by the British authorities at
the frontier-for it is incontestable that the interests of this Government

soffer, not orily tiirough the actual consumption within the Portuguese
territories by their subjects, but also by reason of the quantityof liquor
which they smuggle across the fron1:ierfor consumption at home.
4. Two further measures which would have materially assisted
towards checking smuggling and preventing the illicit manufacture and
sale of liquor within Portuguese territories are (c)prohibition of the sale
atany one time and in any one day to any one person of more than a
fixed small quantity of spirit, e.g.,one bottle, and (d) the control of the
traffic in mhowra flowers by prohibiting their importation into Daman

and Nagar Avely except under permit, and for use only at licensed
distilleries. So far the Government of Portuguese India have not been
invited to adopt measures (c) and (d). But had they been invited lhere
is little reason to suppose that they would have been more inclined to
adopt them than measures (a) and (b). 1 am to say thrit in any further
negotiations al1four measures should in the opinion of this Government
be specially pressed on the acceptance of the Portugmese Govemment.
5. Even were it held that the Governnient of Portugese India would
be entitled to compensation for loss of revenue following on the adoption
of measures advocated by this Government, the particular form of com-

pensation suggested by the Government of Portugal is, 1am to Say, one,
which, in the opinion of the Governor in Council, should most emphati-
caIly not be granted. The passage bi:t\veen the two districts of Daman
and Nagar Avely lies through British territory, andthe transport really in
question is that of salt from Daman to Nagar Avely, and of rice from
Nagar Avely to Daman. Regarding tfie former, 1 am to solicit attention
to the correspondence underlying the Notification of thc Government of
India, No. 475-S.R., dated 25th January, 1895.Tt will be observed that
notwithstanding a,clear demonstration of the facts, that salt was manu-
factured in Daman far in excess of local requirements, and that the licit
imports of the article into British I~idia were insignificant, the Portu-
guese Government declined to take any steps whatever to prevent the
salt being used to the detriment of British revenues; that is to Say, they412 ANNEXES TO PRELIMINARY OBJECTION (CNO. 44)

refused to interfcre with practices which brought revenue to tlieir own
coffers at the expense of British intereAns.effective remedy was, there-
fore, found in the prohibition of import by land of Daman salt into
British India. The proceedings underlying the lctter to the Government
of India, No.6554,dated 18th September, 1902,show that the Portuguese
Minister subsequently advocated, but unavailingly, the relaxation of
this restrictionTo remove the prohibition now would result in a revival
of the difficulties and losç of British revenue in respect of Daman salt,
which it is sought to removc in the present case in respect of Daman
country spirit,and it would be idle to discuss the removal of trouble in
connection with one article by reviving an exactly similar trouble in
connection with another one. The case of rice in transit from Nagar
Avely to Daman lias formed the subject of much corresponrlence, and
I am to invite a reference to the letter from the Government of India,
Foreign Department, No. 3j84-1., dated 29th October, 1895, which
directed the withdrawal of the concession by which rice produced in
Nagar Avely was allowed to pass free of duty to Daman through inter-
vening Hritish territory. Although every effort has been made, it has
never been possible to devise any practical method of guarding the con-
cession, if granted, from abuse. This Government, accordingly, would
strongly deyrecate any departure now from the decision not to grant
the concession. Put into other words, the proposa1 of the Portuguese
Government is that in return for surrendering to the British Government

a revenue from country spirit which is improperly diverted into the
Portuguese treasury, the abuses, which in former years were found
intolerable, and have happily for sorne time past been prevented by
suitable actionon the part of the British Government, should be allowed
to revive. Such a proposa1 is obviously one which cannot be accepted
as the basis for negotiating an agreement.

6.From a peruçal of the despatch of the Portuguese Minister of
Foreign Affairs, which forms an enclosure to the letter from the Govern-
ment of India under reply, it is clear that the Portuguese Government are
not prepared to relinquish the revenue derived from the sale of their
liquor to British subjects unlessit is made worth theirwhile. The only
proposal which that Government have put forward has been found
inadmissible, and as matters stand, there appears to be nothing of
tangible value which the British Government can offer as a set off
against the revenue which they claim. It appears to the Governor in
Council that it is useleçs to attempt further negotiationswith the Govern-
ment of Portugal, until the British Government have taken such action
as will place them in a position to offer something in return for what they
wish to obtain. What that action should be seems to be clearly indicated
by the precedent of the Daman çalt referred to above. In that case the
issue ofa notification under section19 of the Sea Customç Act, foilowed
by an improvement of the frontier linc, had reduced to a minimum the
trouble in connection rvith salt in the neighbourhood of Daman, the
smuggled quantity detected having been 735 maunds in 1893-94 (the
year before the notification) and 41 and 14 maunds in 1904-05 a,d
respectively (the years following the improvement in the frontier line).
Similarly, a prohibition oftheexport ofmhowra flowers by land or sea
to Daman can be enforced strictly as regards the districts of Daman,
and, though not absolutely, yet with practical efficacy, in the case of the ANNEXES TO PRELIRlIliARY OBJECTIOK (C NO. 44)
413
district of Nagar Avely (vid pearagraph 3 of the letter from this Govern-
ment to tlic Governrnent of India, No. 8618, dated 5th November, 1904).
1am to request that the Government of India may be moved totake early
action in this direction. It is true that this action is not altogether in
consonance with the Governrnent of'India's ideal of a unified customs
and exciçe system for al1 India, and the abolition of al1 interna1 excise

and customs lines; but it is advocated not asan end in itself, but as a
meatis of enabling the British Governinent in treating with the Portuguese
to offer something of value asan inducement to co-operate with them.
It is highly probable that the prohil-iition would have such an effect on
the Portuguese àbliàri revenue that the prospect of obtaining its removal
would lead to the very early offer to reorganize thcir àbkàri adminis-
tration on the desired lines; and should that result follow the absolute
prohibition might by degrees,be modified or removed in return for action
favourable to British interests. If,for example, the Portuguese should
prohibit the opening of shopç within three miles of the frontier, or forbid
the sale of more than one bottle at a time in a dayto one person, or both
of these, the prohibition might be modified, orrestricted to Nagar Avely
only ; or, such a rate of duty might be substituted for Daman proper, as
would restrict the export of mhowra flowers without stopping it alto-
gether. Reductions in the rate of duty and abolition of the prohibition
in respect of Nagar Avely would foilow gradually, or at once, or not at
all, in exact accordance with tht: progress which the Portuguese
authorities might make, or fail to make, in introducingin theirterritorya
distillery system with rates of still-head duty not less than those in
force in the adjoining districtsof Thilna and Surat, accompanied by the
employment of a staff comyetent to control the çhops, and check unli-
censed distillingand by the introduction of such measures for controlling
the trafficin mliowra flowers as are in force'in Surat and Thàna.

7. It should not be overlooked that the proposed prohibition has
the furtheradvantage that it would at once effect much of what isdesired
by this Government. It must tend directly to raise the cost of production
of country spirit in Daman and coiisequently its retail price, and to
reduce the revenue derivable from it. By as rnuch as the price of Portu-
guese country spirit is raised, by so much will the attraction of British
subjects to Portuguese shops be reduced.

8.As an additional means of bringing indirect but legitimate pressure
to hear on the Portuguese Government, the Governor in Council has
under his consideration proposaisfor introducing the following rncasures
such as the Madras Excise authorities have, it is understood, found
serviceable in dcaling with an exactly similar trouble in connection with
the French possession of Yondicherry :-

(II 0periing on the British side of the frontier as rnany shops
as the Portiiguese have ~iermitted on their sidc; tlic nurnber to be
reduced as the Portuguese reduce theirs.
(2) Colouring al1 spirit to be supplied to the frontier tracts,
both in Surat and Thàna.
(3) Reducing the stilI-head duty in the frontier tracts to a
uniform rate of Rs. 1-4- p0er g;iIlon, 25"U.P., and annas IO per
gallon, 60" U.P., the maximum jelling price being proportionately
reduced.

28 ANNEXES TO PRELIMINARY OBJECTION (C 30. 44)
4I4
The Governor in Council, however, will take no action &th regard
to these measures until he is informed of the views of the Governmenof
India with regard to the proposa1 to prohibit the export of mhowra
flowers.

1have the honour to be
Sir,
Your most obedient servant.
R. P. BARROW,

Secretary to Goven~ment

Pro. No. 40.
No. 35 of 1907.

GOVERNMEN? OF INDIA

The Right Hon'ble John Morley, O.M.,
His Majesty's Secretaryof State forIndia.

Fort William, the 28th February, 1907.
Sir,

With reference to the correspondence ending with your Despatch
No. 68 (Revenue), dated the 6th April, 1906, we have the honour to
fonvard the papers specified in the annexed schedule, on the subject
of a reciprocal arrangement suggested by the Government of Portugal
with a view to the prevention of the smuggling of liquor fro~nthe Por-
tuguese possessions of Daman and Nagar Avely into British India.
2. For the reasons stated by the Government of Bombay in their
letter,No. 10352 ,ated the 1st Novcmber, 1906, which forms enclosure

No. 2 to this Despatch, we are entirely opposed to the acceptance of the
proposa1 of the Portuguese Government that, as a quid pro quo for their
meeting Ourwishes inrespect to their liquor arrangements in Daman and
Nagar Avely, we should ailow the frec transit of rice and otlier articles
between these districtsAs is pointed out by the Local Government,
such transit would, in the case of Salt and rice, inevitably degenerate,
as forrnerly, intonauthoriscd free import of these articles into British
territory.

3, The main evil complained of by the Bombay Governnient is the
existance of Portuguese liquor shops in close proximity to our frontiers,
It is clear from the past correspondence that these shops are, as at present
situated, largeIy supported by the issue of liquor to consumers in British
India; and we are of opinion that the Portuguese Government may
reasonably be iirged to alloa shopless zonein the irnmediate vicinity of
our frontiers without any correspondingquid #vo quo.We would suggest
that they rnay now be addressed accordingly. ANNEXES TO PRELIMINARY OBJECTION (C NO. 43)
415
4. In the event of such a zone bejng established, we consider that the
Bombay preventive arrangements sliould suffice to cope witthe smug-
gling of liquor into British territory from the interior of the Portiiguese
settlements, andthat it wouId not be necessary to press for the adoption
of the other measures suggested by the Local Government in paragraphs
3 and 4of their letterIn the event, however, of the Portuguese Govem-

ment refusing to assent to this measure, we would reqiiest your sanction
to our prohibiting the exportation of mhowra flowers, and, if necessary,
of other articles that might be used for distillation, from British India
to the Portuguese settlernents in question. We are in a position practi-
calIy to enforce such a prohibition, and, as the Bombay Government
point out, it would seriously affect the Excise revenues of the Portuguese
Government and wouId operate as itn inducement to that Government
to offer concessions to us with a view to its removaI.
5. We may add, with referenci: to the supplementary meaçures
specified in paragraph 8 of the Loc:il Government's letter, that we are
not prepared to accept the suggestion that we should, as a retaliatory
measure, open on the British side of the frontier as many liquor shops
as the Portuguese have permitted cin their side.We consider that the
competition to sel1 liquor which would ensue from such a rneasure is
altogether to be deprecated, and we propose to inform the Local Govern-
ment accordingly on receipt of youi- reply to his Despatch. We under-

stand, however, that the Local Govt:rnment do not intend to introduce
this, orany of the other measures referred to in paragraph 8 of their
letter, unless and until the proposa1 to prohibit the export of mhowra
Aowersshould be deemed by HisMajesty's Government to be inexpedient.

We have the honour to be,
Sir,
Your most abedient, humble Servants,

(Signe4 MINTO.41~ ANNEXES TO PRELIMINARY OBJECTION (C NO. 44)

Copy forwarded to the Finance Department for information with
reference to the correspondence ending with the commrinication from
that Department, No.* 932-Esc., dated the 13th February, 1907.

By order,
E. BARNES,

Assistant Secretary to the Government of India.
Foreign Department,

Fort William.
The 8th March, 1907.

Enlco. Pro. No. 40.

List of Enclosures in Secret despafch No. 35 ([nternaE!,dated the 28th
February, 1906, f~om theGovernme~t of I~dia in theForeignDefiart-
ment,to HîS Majesty'sSerretaryof State/CF.India

Sc'ia'
No. iVo.and date ot pnper From wkom, or towhoîn
I

I Letterto the Governinent of From H. F. Howard, Esq., I.C.S., Under
Bombay, No. 2783-Exc.,, Secretary to the Governmentof India
dated the26th llay,1906 Finance Department. I
1
Lettcr from the Government of To the Secretary to the Government of
2 Bombay, No. 10352, dated India,Finance Department.
the 1st Xovember.,l>06 1
1 (pro.NO. gg) I

J. B. WOOD,
Deputy Secretary to the Government of India. AKNEXES TO PRELIMINARY OBJECTION (C NO.45)
4I7

Annex C. No. 45

Record Ofice,Bombay

=9:34

File No.86/34

POLITICAL & KEFORMS DEPARTMENT

Cornfilaint by the Co?tsGenl. for PortugalutBombay ve Eevyof dzctyon
~icetransfiorfed #romfiagar-A7l~lioDamnzz

S.R.
Bombay,
15th Decernber, 1933.

The Chief Secretary to the Government of Bombay,
Political and Reforms Departmcnt,
Bombay.

Sir,

1 am directed to bring to the notice of the Government of Bombay
the following facts concerning tlie transit of rice from the sub-district of
Nagar-Avely (Portuguese India) to the Sub-district of UamZo, either for
local consumption in thelatterorto be exported thencc to the Portuguese
ports of Pangim and MormugSo.
2.As you are aware, Nagar Avcly and Damgo are two sub-districts
of the District of Dam30 which are separated by British territory.The
rice produced in Nagar-Avely and despatched toDamao or Goa has,

therefore, to pass through British territoryin transit.
3. Ithappcns that the British Custorns Authorities, considering the
rice in question as exportcd merchandise, have been lcvying a duty of
Ks. 118B per fara, when no charge is made hy them on rice produced in
Nagar-Avely and exported to British India.
4. It seerns, therefore, that the pi-ocedure of the British Authorities
in charging the duty is based upon an incorrect interpretation of the
international characier of the transit, as tlie rice produced in Portuguese

territory of Nagar-Avely cannot enter the Portuguese territory of Damgo
without passing through British territory. Moreover, the goods despatched
from Vapi (British India) to Kunta and other British Indian villages
situated inthe middle of Portuguese .District of DamZo, are exempted of
Custorns duty when they pass in tra.nsit through the Portuguese terri-
tory of Dabel.
5. Under the circu~nstances 1 have the honour to request you to
move the compctent Authorities to allow free transit to rice despatched
from Nagar-Avely to Damao. 6. 1may add that the Govemment of Dam20 wilIbe prepared to take
al1 the measures neccssary to prevent abuses by determining that
no rice be despatched from Nagar-Avely without special permits issued
by the Authorities of that Sub-district, in whichmention might be made
of al1 the particulars of each despatch, such as destination, ~iumber of
bags, names of the çeiler and buyer. etc.
I have the honour to be,
Sir,
Your most obedient servant,

Antonio ALVES,
Consul General for Portugal.

No. 0114364-B

Political and Refoms Department.

Bombay Castle,
z~st December, 1933.
From
C. W. A. Turner, Esquire, C.S.I., C.I.E.,
Chief Secretary to the Government of Bombay,
Political and Reforms Department.
To

The Consul General for Portugal at Bombay.

Subject :-Transport of ricefromNagar-Avely to Damao.

Sir,
I an1directed by the Governor in Council to acknowledge the receipt
of your letter No. 825-DV. Froc. 548,dated the 15th December, 1933,
on the subject noted above, and to state that it is receivingattention.

1 have the honour to be,
Sir.
Your most obedient servant,
(I~itialledIllegible.20112.
For Chief Secretary to the
Government of Bombay, Political
and Reformç Department. AhTEXES TO PRELIhTINL4RY OBJECTIOK (C NO. 45) qr9

(Below a copy of aEetter/rom the ConsulGeneral for PortugalatBombay
No. 825-DV. Prac. 548, dated the15th December,1933.)

No. 0114364-B.

Political and Refrrms Department.
Bombay Castle,

z~st December, 1933.

Forwarded with compliments to the Collector of Surat for favour of
report.
By order of Governor in Council,
(Initialled) Illegibzo/~z.
For Chief Secretary to the
Government of Bombay, Political
and Reforms Department.

No. R1.S.C.
From,
B. Mardhekar,Esquire, M.A.,
Collector of Surat.

To
The Chief Secretary to Government,
Politicaland Reforms Department,
Bombay.
Surat,

Subject:-Transport of rice from NagarAveli to Daman.

Sir,
With reference to your No. O/1.$364-B of 21-12-34 on the subject
mentioned above, 1 have the honour to fonvard herewith copies of
AssistantCollector,Salt Revenue Surat's No.S/ZI-4 of28-1-34 to Deputy
Collector Salt Revenue Bombay and Collectorof Salt Revenue Bombay's
No. 88-103 of 3-2-34 with accompaniments.
1 have the honour to be,

Sir,
l'our most obcdient servant,
V. B. MARDHEKAR,
Collector of Surat. (Below No. M.S.C. of 3-1-34 /rom the CollsctoO/S.urrat.)
No. S.21/4.

Surat,
28th Januai-y 7934.
Dy. Collr. S. R. Bombay.

Fonvarded u~ithcompliments.

2.With reference to paragraph 3 in Consul General'ç letter, duty
' at Rs. 0-2-3per B.Md. is charged at a11customs stations on export of
rice and paddy from British territory to forcign territory and not at
Rs, 1-8-0 per "Fara".

3. It has been pointed out in para. 4 that goods despatchcd from
Vapi to Kunta and other British villages situated in the middle of
Portuguese territory of Daman are exempted from customs duty when
they pass in transit through the Portuguese territory of Dabhel. But
from inquiries the S.K.D.F. reports that rice and paddy removed to '
British villages on the strength of passes issned from the Sarkarkun
D.F.'s office,Challa, are charged at the Portuguese Land Customs station
at Dabhel at Rs. 2-13-0 per "Candi" of 20 Portuguese "curos".
4. The concession now asked for was at one time in force on the
D.F. under which rice and paddy produced in Nagar Aveli Pargaila and
under removal to another part of same territory, viz. Daman urider cover
of certificates of origin issued by Portuguese authorities through the

intervening British territory was allowed to pass free of duty at British
Land Customs stations. When it was discovered that the concession
given was abused in as much as large quantities of rice grown in British
territory was removed by the public free of duty on the çtrength of faIse
certificates with the result that the British revenue suffered to a great
extent the Government of India had to consider advisability of with-
drawing the concession. A copy of G.R.P.D. No. 7831 dated 17-12-1895
under which the concession !vas withdrawn is herewith submitted.
5. In the year 1900 the Portuguese authorities attempted to obtain
revival of the concession but the request was not granted on the grounds
set forth in letter No5518 of 21-7-1900 from the Govemment of Bombay

to the Governor General in Portuguese India, the copy of which is also
enclosed.
6. The practical difficulties experienced then in preventing frauds
to avoid payment of duty on British produce which will have to be faced
remain the same. Rloreover, the preçent time, when the import into
British India of al1dutiable goods from Nagar Aveli is prohibitcd, is the
most inopportune for considering the grant of a concession. 1 would
thereof recommend that for the reasons set forth in the G.1Zs. quoted
above, the question may not be re-opeiied.

7. The Collector of Surat may plcase be inforrned as you deem fit.
(Sigaedj D. V. MORAY.

Assistant ColIector of Salt Revenue,
Surat-Viramgam Range. ANNEXES TO PRELIMINAI<Y OBJECTION (C NO.45) 421

No. 88-103.
Bombay,
3rd February, 1934.
F. W. C. to the Collector of Surat.

2. Conditions which necessitated the withdrawal of the concession
of aliowing export of rice from Nagar Aveli to Daman free of duty have
not changed and tlie Collector sees no reason to modify the existing
arrangement.
(Signed) Illegible.
Collector ofSalt Revenue,
Bombay.

POLITICAL AND REFOKMS DEPARTMENT

The Consul General for Portugal at Bombay has pointed out that
the rice produccd in Nagar-Avely (Port: territory) and despatched to
Dam50 (Portuguese territory) or Goa has to pass througki British territory
in transit and that the British Customs A~thorities, considering the rice
in question as exported merchandise, have been levying a duty of
Ks. 1-8-0 per fara, when no charge is made by them on rice produced in
Nagar-Avely and esported to Bri~ish India. The Consul therefore
observes that the "procedure" of the British Authoritieç in charging the
duty is based uyon an incorrect interpretation of the "international

character" of the transit, as the rice liroduced in the Portuguese territory
of Nagar-Avely cannot enter the Portuguese territory of Darnao without
passing ttiroiigh British territory. He further states that the goods
despatched frorn Vapi (British India) to Kunta and other British Indian
villages situated in the middle of the Poituguese District of Damiïo,
are exemptcd from Custorns duty when they pass in transit througfi the
Portuguese territory of Dabel. In the circumstances, the Consul requests
that the authorities concerned may be moved to allow free transit to
the rice despatched frorn Nagar-Avely to Dam50 and adds that the
necessary nieasures will be taken by the Govt. of Damgo to prevent
abuse of the concession.
2. It will be observed from the letter of the Assistant Collector
of Salt Revenue, Surat-Viramgam Range, No. S-z1/4, .datecl the
28th January, 1934 ,hat a duty at Rs. 0-2-3per B. maund is charged at
al1 customs stations on export of ria: and paddy from British territory
to foreign territory and noat Ks. 18-0 per farnas stated by the Consul
General. It will also he seen from para. 3 of the letter that the Consul's
statement tliat goods despatched from Vapi to Runta, etc.,are exernp-
ted from Custom duty at the Port: Custorns station at Dabhel, is not
correct. The above facts may be poirited out to the Consul Genl.

3. It will be observed frorn the proceedings underlying G.K., P.D.,
No. 7831, dated the 17th Decemher, 1895, that the concession nnw asked
for was at one time in force, and that rice and paddy produced iti Nagar-
Avely Pargana and under removal toanother part of the same territory,
viz., Daman, under cover of certificateoforigin issued by the Portuguese
authorities, was allowed to pass through the intervening British territory422 ANNEXES TO PRELIMINARY OBJECTION (C NO. 45)

free of duty. It was discovered however that the concession given was
abused inasmuch as large quantities of rice grown in Britisli territory
were removed by the public free of duty on the strength of false cer-
tificates, involving considerable loss to British revenues. The concession
was therefore provisionally withdrawn as explained in P.D. letter
No. 7832, dated the 17th December, 1895, to His Excellency the Govr.-
General of Portuguese India. In 1900, the Portuguese authorities
attempted to obtain a revival of the concession butthe requestwasrefused
for the reasons set forth in P.D. letter No. 5518, dated the 21st July,
1900, to the Govr. General of Portuguese India.
4. The Collecter of Salt Revenue, Bombay, is of opinion that the
conditions which necessitated the withdrawal of the concession in
question have not changed and therefore sees no reason to modify the

existing arrangement.
S. It isfor orders whether the Consul General's attention should be
drawn tothe Govt. Letters quoted above and he should be informed that
for the reasons set forth therejn and in view of the fact that the condi-
tions which necessitated the withdrawal of the concession have not
changed, Govt. regret that they are unable to comply with his request.

6. The papers may be shown U.O.to the Revenue Department

C.W.A.T.
21.2.34.
u.o,r. to R.D., d.the 22/2/34.

No. 86134-B.

Political and Reforms Departmen t.

Bombay Castle, +
15th March, 1934.
From

C. W. A. Turner, Esquire, C.S.I., C.I.E.,
Chief Secretary to the Government of Bombay,
Politicaland Reforms Department.
To

The Consul General for Portugal at Bombay.
Subject :-Transport of rice from Nagar-Avely to Damao.

Sir,

In continuation of my letter No.0114364-B., dated the 21st Decem-
ver, 1933, on the subject noted above, 1 am directed by the Governor
in Conncil to invite your attention to Bombay Government letters
(Political Department) No. 7832, dated the 17th December, 1895,
and No. 5518, dated the zrst July, 1900, addressed to H.E. the Governor
General of Portuguese India (copies attached), from whicli it will be
observed thatthe free transit of rice from Nagar-ilvely to Dam50 was at
one time permitted. It was however discovered that this concession was ANNEXES TO PRELIMINAIZY OBJECTION (C NO. 45) 423
abused inasmuch as large quantitirs of rice grown in British territory
urere removed by the public free of duty on the strength of frilse certi-
ficates, involving considerable Iosto British revenue. The Government
of Bombay therefore, after careful consideration, decided to withdraw

the concession. For the reasons set forth in the two letters referred to
above and in view of the fact that the conditions which necessitated
the withdrawal of the concession have not changed, the Governor in
Council regrets that he is unable to permit free transit to rice despatched
from Nagar-Avely to Damao.
z. With reference to paragraph 3 of your letter No. 825-D.V. Proc.
548, dated the 15th December, 1933, 1 am to point out that duty at
Rs. 0-2-3 per Bengal maund is charged at al1 British customs stations
on export of rice and paddy from 13ritish territory to foreign territory
and not at Rs. 1-84 per fara. In paragraph 4 of the same letter, it is
stated that goods despatched from Vapi to Kunta and other British
villages situated on the middIe of th<:Portuguese territory Dam' ;IOare
exempted from customs duty when they pass in transit through the
Portuguese territory of Dabhel. It has been ascertained however that

rice and paddy removed to British villages on the strength of passes
issuedby the officeof the Sarkarkun, Dabhel Frontier, Challa, are charged
at the Portuguese Land Customs station at Dabhel at Rs. 2-13-0 per
"Candi" of 20 Portuguese "Curos".
1 have the honour to be,
Sir,

Your most obedient servant,
C.W.A.T.
15.3.34.
ojc.
Chief Secretary to the Government
ofBombay, Political and

12/3/34. Reforms Department.
J.C.
12/3/34

Copy forwarded to the Finance Department for information.
--

POLITICAL AND REFORMS DEPARTblENT

Subrnitted with rcference to Chief Secretary's query at p. 23 ante.
2. Please see para. 3 of the Consul General's letter, dated the 15th *When-the
Decr., 1933 ,ndpara. 2 of the memo. No. S. 2114datedthe 28th January, F,""g w$acn
1934, from the Assistant Collector of Salt Revenue, Surat-Viramgam .British"rice
Range. It appears that a duty at 11s. 0-2-3 is charged at al1 BritishPortugueseto
Customs stations on ex$ort* of rice and paddy from British territory territorvfree of
to #oreign tervitory.Presumably the export of rice grm in one part flg
of British territory to another part of the same territoris free of duty.certificates of
ori~ingranted
(Illegible.) burheuese
authorities.
13/3/34.
(Illegible.)

13/3/34. ANNEXES TO PRELIMIKARY OBJECTION (C NO. 45)
424
1 have never heard of an export dut on any grain being charged,
and think there muçt be some misun erstanding. The Supt. should
bring up the case personally to-morrow morning.
C.W.A.T.

. 14.3.34,
1 find that under the Indian CustomsTariffan export duty isactually
levied on rice exported from British territory. I was unaware of this.

C.W.A.T.
15.3-34.

Bombay,
23rd March, 1934.
No. 221-DV.
Froc. 548.

The Chief Secretary to the Government of Bombay,
Political andReforms Department,
Bombay.

Sir,
I have the honour to acknowledge, with thanks, the receipt of your
letterNo. 86134-R, dated the 15th instant, regarding transport of rice
from Nagar-Avely to Damao.

1 have the honour to be,
Sir,
Your most obedient servant,
Antonio ALVES,
Consul General for Portugal.

No. M.S.C.
From
V. 13.Mardhekar, Esq.,M.A.,
Collector of Surat.

The ChiefSecretary,
PoliticalBi Reforms Department, Bombay.

Surat 21 September, 1934.
Subject :-Transport of rice from Nagar Aveli to Daman through
the British Territory.

Sir,
In coritinuation of thiofficeletter No.M.S.C. dated 12.2.3 in reply
to your endorsement No. 0114364-B dated 21-12-1933, 1 have the ANNEXES 10 PRELIMINAItY ORJECTION (C NO, 45) 45
honour to forwnrd herewith a copy of a letter received from the Governor

of Dam50 for favour of necessary action.
1 have the I-ionourto be,
sir,
your rnost obedient servant,

V. B. &I..IRDHEKAR,
Collecterof Surat.

Private and personal.
Darniio,
3rd August, 1934.
biy dear friend,

A matter of great interest and importance to the economy of this
District, leads me to address you this letter, hoping to be indebted to the
favour of your benevolence and spirit of whole justice in the resolutions
which 1 expose as fo11ows:-
The Dam20 District is composeti of two communes-Darnao and
Nagar Aveli-separated by a broad stripe of the British Territory,
through which runs the Damiio-Vapi-Silvassa road, whereby al1 the
traffic is made. The Nagar Aveli commune is actually producing a good
quantity ofrice which compensates the need of this cereal in the com-
mune of Damiio, the surplus being esported to the Goa District.
Therefore, you see my friend, that this cereal produced in Portuguese
Territory,inthe same territory is consumed, so being absolutely unjusti-
fied the exportation duties levied by the British Custo~nsauthorities at
the Frontier.
That merchandise passes through the road that joins the two com-

munes of Dam30 District, in transit, and in these conditions, no tax
should befall on the product, much less of exportation, since it has not
been produced in the British Territoi-y.
The British Authorities may allese that they act in that way, to
prevei~t the rice of the British territory for passing into the Nagar
Aveli commune and from there being exported as product of that place;
but that allegation has iio consistence because the rice which fiassesin
transit, of the communes of Nagar Aveli to DarnZo, has its origin rigor-
ously documented.
We ourselves are the most interested in that the rice coming from
Nagar Aveli, should be proved of being produced tliere, considering that
if it was foreign and should enter as national, it wou!d be exernpted of
the tax payrnent, known as "equilibriirm taxW,tothe Portuguese Customs,
with manifest grievatlce to the law.
1 understand the difficulty of the British Customs authorities, if the
transport were perrnanently made, considering that frauds should easily
occur. And for this reason, having in great consideration the interest and
right of others-exactly in order that ours should be respectecl-'
1 would propose the following:--

Every year with the assistance of the Portuguese and British
Authorities, for once or more times, should be conducted from
Nagar Aveli commune to Damgo, a convoy of carts with the rice4~6 ANNEXES TO PRELIRZINARY OBJECTION (C NO. 45)
produced in the first, under the guarantee of the Governnient of this
District,regarding its origin.

The rice transported in any other occasion, would be subject to
the former exigencies.
1 think that by what was exposed, we the Portuguese, as ever-mani-
fest well the wish of causing no prejudice to the British rights in India
and we hope that the over proved good sense and spirit of justice of the
British administration, will resolve favourably this matter, which wiil
corne to ease a little the enormous difficulties in which the population
of the District lives presently.

1would be grateful, if you would put a11your interest in the request
that directly1 make to you, and 1am at your disposition to give al1the
particulars which you may require.
With my best compliments and wishes of happiness.

Yours çincerely,
(Signed)
F. H. CRAVEIR LOPES,
Governor of Damao.

POLITICAL & REFORMS DEPARTMENT

The Collector of Surat has forwarded a copy of thed.o. letter addressed

to him by the Governor of Damao in the matter of free transit through
British territory of rice from Nagar-Aveli to Damao. The matter was
fully considered by Govt. when a communication on the subject was
addressed to them by the Consul General for Portugal at Bombay. Please
see in this connection Govt. Ietter No. 86134-B, dated the 15th March,
1934, to the ConsulGeneral. It willbeobserved that for the reasons given,
the request for the free transit of rice through British territory was
negatived. The Govr. of Dam50 is presumably aware of the reply given
to the Portuguese Consul General by this Govt. In order to prevent
abuse for which the concession was stopped, he has suggested the course
mentioned at 'A'in his d.0. letterto the Cour. of Surat. The Collector
of Salt Revenue may be requested U.O.to state whether the suggestion is
practicable and worth considering.
C.W.A.T.
25. 9.34.
C.S.

u.0.r. to Collrof Salt Revenue, of the 26/9/34.

(BeEow u.0.r.dated 26.9.34 /rom the Political and Reforms Defiartment.)

1at tach a co-- of a Note by the Dy. Collector of Salt Revenue.
2. The true answer to this claim however is 1 think contained in
para. 3 of Bombay Political Department Despatch No. 5518 dated
21-7-1900 to the Governor General of Portuguese India. ANNEXES TO PRELIMINAKY OBJECTION (CNO. 45)
427
3, Facilities for trade between Nagar-Aveli and the British territory
by which it is surrounded have recently been to some extent restricted
by the prohibition from Nagar Aveli to British India of certain classes
of goods on re-export (G0vernrnen.t of India, Finance Department
(Central Revenues) Notification No. I dated 13-1-1934}; but there is no
Customs cordon and al1 produce of Nagar Aveli still enters British
India free.

4. The claim, if admitted, would place Nagar Aveli rice in a prefer-
ential position, vis-R-visBritish-Indiitn rice, in the Damao market, and
almost certainly, 1 think, lead to repetitionof previous practices.
5. Isuggest therefore that the claim should be resisted.

6. 1may mention Iiere for the information of Government, that the
export duty on rice is maintained rnainIy on account of the surplus
exported to foreign countries from Burma; and, with the proposed
separation ofBunna, the duty in India proper will probably disappear.

(Signedl Illegible.
Collector of Salt Revenue, Bombay.

U.0.r. No. 88-103/33 dated 11th Decem., 34, to P. Sr R. Deptt.

The Governor of Daman requests that the rice produced iii the
Portuguese territory of Nagar Aveli may be allowed to be taken to
Daman across intervening British territory without payment of export
duty which is being recovered at present.
In this connection itmay be mentioned that on the establishment of
the Portuguese cordon in 1892 rice produced in Nagar Aveli was aIlowed
to be taken to Daman free of duty. II:was however soon found that rice
grown in British India was taken to Daman under false certificates of
origin issued by Portuguese officialsOn the recomrnendation of the
Collector of Salt Revenue, therefore, the concession was temporariIy
withdrawn by the Government of India in 1895, videBo~nbay G.K., P.D.
No. 7831 dated 7th December, 1895. In ~goothe Governor General of
Portuguese India again represented biit the Govt. of Bombay declined to
regrant the concession, vide their Ietter No5518 dated 21st July,1900.

The question was again reopened recently and the Coiisul GeneraI for
Portugal was informed that the conditions which necessitated the xvith-
drawal of the concession still existed and that therefore it could not be
granted, vide Bombav Govt. letter No. 86134-B dated 15th March, 1934.
The Governor of Daman now sug;ests that as a safeguard apinst
British Indian rice finding its way jnto Daman through Nagar AveIi
consignrnents of rice produced in Niigar Aveli shouid be removed to
Daman under tlie guarantee of the Portuguese Government as regards
its origin and accompanied by British and Portuguese guards.
The question to be considered is whether the concession can be safeiy
granted. Nagar Aveli is surrounded by British territory where rice is
produced. It is also bounded on one side by the Dharampur State.
It is very difficult to distinguish Nagar Aveli from Britisii Indian rice.428 AKKEXES TO PRELIRlINARY OBJECTION (CNO. 45)
There is no cordon round Nagar Aveli. In view of these facts there is a
danger of British Indian rice going toDaman through Nagar Aveli and
Government revenue will suffer. SO long as rice is dutiable on export

there will be temptation to traders to evade payment of duty. II may
however be mentioned that as compared with the high import tariff the
export duty of 0-2-3 per Md. is not high. Rice is also a bulky article.
If therefore the Govt. of India is inclined to grant the concession on
Politicalgrounds we might sacrifice export duty of about Rs. 2,500 per
year on rice brought from Nagar Avely. In order to prevent British
Indian rice finding its wajT into Daman 1 would suggest the following
procedure :-
(A) The quantity of rjce and paddy to be exported from Nagar
Aveli every year should be fixed by the British Government in
consultation with the Portuguese Govt. This quantity might be

revised every five years.
(R) The rice should be taken from Nagar Aveli to Daman in
. three instalments. The exact dates to be fixed by local Customs
officiaiin consultation with the Daman authorities.
(c) That the bags of rice should be filled and sealed in the fields
in the presence of a British Customs official whose services will
be lent to the Portuguese Government on payment of establishment
charges.

(a) That the import of rice from Daman into British India by
sea or land should be prohibited under Section19 of the Sea Customs
Act.
The Asstt. Collector Surat reports that on an average about 30,000
mds. of rice and paddy are exported from the Land Customs Stations on

the Daman Frontier to Daman. This quantity however includes British
Indian rice. It is estimated that the share ofNagar Aveli rice is zo,ooo
mds. Duty on this would be about Rs. 3,000.

(Signed) MANEKLAL L.
Dy. Collector of S. R., Bombay.
7-12-34

POLITICAL AND REFORMS DEPARTMENT

Submitted with reference to the o.n., dated the 253-34.
2. The Collr. of Salt Revenue, for the reasons given in his U.O.memo,
dated thc 11-12-34, suggests that the claim of the Portuguese Govt. for
exemption from the payment of duty on rice, produced in the Portuguese
territory of Nagar-Ar~cly and exportcd to Damao throiigh the inter-
vening British territory should be resisted. Govt. have already informed

the Consul General for Portugal that they are unable to permit frec
transit to rice desyatched from Nagar-Avely to Damio-vide Govt.
Letter No. 86j34-B, dated the 15-3-1934. In the letter to the CoIlr. of
Surat, dated the 3-8-34, the Governor of Damgo suggested that as a
safeguard against British Indian rice finding its way free of duty into
Darnao through Nagar Avely, consignments of rice produced in thelatter place should be removed to Damiio under the guarantee of the
Portuguese Govt. as regards its origin and accompanied by British and
Portuguese guards. This suggestioi~has evidently not found favour
with the Collector of Salt Revenue.
The Collector of Surat may be requested to inform the Governor of
Damao that the Govt. of Bombay have given careful consideration to

the suggestion made by him but regret that they are unable to reconsider
their previous decision in the matter. The accompanying draft memo.
may issue after u.0.r. to thF.D.
J.P.

14/12/34.
J.C.
14/12/34.

hly sympathies are with the Portuguese Authorities, & if their request
could be met, 1 think it should be.So long as thisexport tax on rice,
which by the way seems to be a thoroughly uneconomic form of taxation,
exists it is obviousIy most difficiilt to ensure thBritish rice will not
find .it say into Damiio if the suggestion made by the Portuguese
Governor were adopted.
C.W.A.T.
15-12-34.
u.0.r. D.F.D.

of the17-12-34.

FINANCE DEPTT.
Seen and returned u.0. to the POU.and Refoms Deptt.

N.P.
21-12-34.
C.W.C.

21/12
u.0.r. toP. & R. Deptt.
dt.21-12-34 D.S.

No. 86/34-B
POLITICAL AND REFORRTS DEPARTMENT

B.C.
10th January, 193 j.

Subject :-Trarisport of rice from Nagar-Avely to Damao.
Mcmo.

The undersigned presentç cornp1imt:nts tothe Collr. of Surat and with
referenceto his letteNo. M.S.C., datedthe 219-34, on the subject noted
above, is directed to request that the Governor of Dam50 may be infor-

29med that the Govt. of Bombay have given careful consideration to the
suggestion made in his letter to the Cour., dated t3-8-34, but regret
that they are unable to reconsider their previous decision in tlie matter.

By order of the Govr. iC.,
C.W.A.T.

IO. 1.35.

ChiefSecy. to theGovt. of Bombay,
Politicaland Reforms Deptt.

POLITICAL & REFORMS DEPTT.

Submitted with reference to the Chief Secretary's note, dated the
15th December, 1934. Presumably the draftmerno. to the CoIlrofSura.t
at p. 45may issue.
C.W7.A.T.
4-1-35.
C.S. (withf.c.1
H.E. the Governor.
B.
10/1/35

(Adduessed toCaptain Millbank A.D.C. G showeito H.E.G.)

Residencia do Governo,
Damgo,

Estado da India.
15th January, 1935.
Dear Comrade,
Being sure of your gentleness, 1 come to trouble you, asking for
your valuable intercession, in order tarapid solution should be given
to a pretension of mine presented some timago to the worthy Collector
of Surat Dist., which presentlwaits despatch of that Government.
It is about the justful pretension, for exportation customs' duties not
to be collecteby the British Customs on the rice produced in the Nagar-
Aveli commune, of the District under my charge, when in transitta
Damao.
That pretcnsion which 1 think has already becn informed by the
competent authorities, awaitssuperior resolution and1would be much
grateful tomy illustrious comrade, if you would succeed in obtaining

a rapid resolution on that matter.
With my greatest thanks,
Sincerely Yours,
I-ïC.RAVEIRO LOPES,
SY. ANNEXES TO PRELIMINARY OBJECTION (C NO.45)
43f
(Below a letter/romGovernoDoDist~ito,Damio, datedthe15th Jan.,1935)

Private Secy's Office,
Government House,
Bornbay,
18th January, 1935.

Fonvarded to '2. for disposal.
R.D. )
2. His Excellency wouId like to :jeethe orders before they are issued.

G. F. S. COLLINS,
Private Sec. to H.E. the Govr.
of Bombay.

POLITICAL & R.EFORMS DEPTT.
The orders in this case have already issued. Thepapers were shown
to H.E. theGovernor, vide the official note, dated the 4-1-35t p.47
ante.
C.W.A.T.
18.I.35.

C.S.
P.S.G.
H.E. agrees that reconsideration is not possible. Lettoissue from
thiçofficeas drafted & the papers to bereturned toP.D.

P.S.G.
u.o.to P.D. -- a1/1/35.

Government House,
Bombay,
zrst January, 1935
Dear Signor Lopes,

Inreply to your letteofJanuary 15th, addressed toCaptain Milbank,
I am to Say that His Excellency has very carefully considered your
representation, but regrets that it is not possibto alter the decision
which has already been conveyed to you by the Collector of Surat.

Yours sincerely,
(Sigtzed) G. FS. COLLINS
F. H. Craveiro Lopes, Esquire,
Governor of Damao.
P. & R.D.

The papers may now be filed.
J.W.C.
22/1/35

G.F.S.C.
22/1/35432 ANNEXES TO PRELIMINARY OBJECTION (C NO. 45)

, (Translation)
SERVICE OF THE REPUBLIC

GOVERNMENT OF THE STATE OF INDIA

No. 177jG-Issue No. 9x8.

Nova-Goa, the 6th June, 1935.

The Chicf Secretary to the Government of the Bombay
Presidency, Political and Reforrns Department,
Bombay.

Sir,

1 am directed by His Excellency the Governor-General to request
the Government of the Bombay Presidency that rice produced in
Portuguese temtory of Nagar Aveii in transit to Uamaim may be
exempted from the British export tax.
2. As thisis a measbre which in no way affects the interestç of the
Bombay Presidency His Exceiiency hopes that this request may be
considered just and deserving of consideration.

For the Benefit of the Nation.

(Signed) LuisDE SOUSA E FARO,
Chief of the Cabinet.

True tra~islation.

F. ENGS,
Portuguese Translator to Government.
Poona.
15th June, Ig3j.

POLITICAL AND KEFORkIS DEPTT.
The Chiefof the Cabinet, Nova Goa,requests this Govt. toexempt from
the British export tax rice produced in Nagar-Aveli and exported to
Damâo through British territory on theground that such a concession
will in no way affect the interests of the Bombay Presidency. That the
interests of Govt. are affected wibe clear from the correspondence
leading up to Govt. memo. to the Collr. of Surat, No. 86/34-B., dated
the 10th January, 1935. Please see also the P.S.G.'s (Mr.CollinsJ)d.0.
letter to the Governor of Damgo, dated the z~st January,1935 . ovt.
have already carefully considered the matter anhave decided against ANNEXES TO PRELIMZNARY OBJECTION (C NO. 45) 433
ganting the concession asked for. Presumably it is not necessary to
reopen the question. Ifso the accorripanying reply is for approval.

E.D.C.
21.6.35.

J.H.C.
21/6/35.

C.S.
2216

POLITICAL AND REFORMSDEPTT.

Bombay Castle,
28th June, 1935.

The Chief of the Cabinet,
Govt. of Portuguese India,
Nova Goa.
Subject :-Transport of ricefrom Nagar-Aveli to Damao.

Sir,
With reference to your letter No. 177/G-Issue No. 918, dated the
6th June, 1935,on the subject noted above, I am directedby the Govr.
.in Council to Say that the Govt. of Bombay have giveri careful consider-
ation to the question whether ricepioduced in Nagar-Aveli and exported
through British territory into Darnâo should be exempted from the
British export tax. They regret, however, that itis not possible ta allow
this concession in view of the circumstances already explained in their
letter to the Consul-General forPortugal at Bombay No. 86134-B.,dated
the 15th March, 1934-copy enclosed.

1have etc.,
J.W.G.
246.
O.C.

Offg.Chief Secy. to the Govt. of Bombay,
Political & Reforms Deptt. Annex C.No. 46

National Archives,New Delhi

1895

FOREIGN DEPARTMENT

INTERNA T.

Pros. April1895,Nos. 48-58.
Prohibition of theimflortafby land of Daman Salt ilztoBritish India

No. 57, No. 475 S.R., dated 25thJanuary, 1895.

NOTIFICATION-Ry the Government of India, FINANCE AND
COMMERC EEPARTMENT.

In exerciseof the powerconferredby section 19 ofthe Sea Customs
Act, VI11of 1878,the Governor-General in Council is pletoeprohibit
the importation by land of Damansalt intBritish India. ANNEXES TO PRELIMINARY OBJECTION (C 'JO.47)

Annex 'C. No. 47

Record Ofice, Bombay

COLLECTOR OF SALT

No. 4. Daman, 1st March 1904.
To

The Collector of SaltRev.; Bombay.
Frorn

The Acting Governor of Daman.

Sir,

Encouraged by the obliging courtesy with which requests from this
Government have invariably been received in the past by the neigh-
bouring British officials in matters affecting our mutual administrative
and politicalrelations,venture to bringtO your notice. the inco~ivenience
that is caused to the people of this district by the latest orders concerning
the closure on public holidays of the Frontier Custorn House of Kunta.
If 1am not mistaken, prior to tht:se orders, the number of close days
for Customs work was cornparatively limited, or at any rate, the custom
office in question was onlypartially closed to the public on such holidays
so that no hindrance might result to urgent business. Under present
arrangements, however, the said Custom office is frequently and entirely
closed for many days together, as happened during the late Capetee,
Divalee and Xmas holidays and a good deal of inconvenience is caused in
consequence-cases having occurred in which medecines urgentlv required
at the Nagar Avely Pragana, have bt:en detained throughout these holi-
days. 1 am inforrned that in the Bombay city especial arrangements exist
for obviating such inconvenience to the public and 1shouId esteem it a
great favour if asimilar suitable arrangement could be devised in regard
to the Kunta Custom House, so that local trade, such as it is may not
be .paralysed altogether during the holidays referred to.
Another matter to which 1 would. solicit your kind attention are the
difficulties placed ithe way of the officials of this district, crossing the
Frontier for sporting purposes. Their guns are detained at the frontier

stations unless covered by a license to shoot in British territory.As a
matter of fact, however, these officials are mostly bound for the Nagar
Avely Pragana, and I understand tht:re is no Iegal objection to Europeans
and Eurasians carrying about guns in British territory, irrespectiveof
their nationality.A similar principle obtains in Portuguese territory and
no objection is ever taken to the 1Sritish officials entering Portuguese
territory with their gu~isvia Castle Rock for the purposes of sport, as
you wili probably be aware. If,however, you think that greater pre-
cautions are iieeded in the case of Daman in order to avoid a promiscuous
rush of sportsmen into the surrounding British territory, my Govern- ANNEXES TO PRELIMINARY OBJECTION (C NO. 47)
436
ment wiU be glad to furnish passes, to be shown at the frontier posts,
to such officersas may, in their opinion, be deserving of the concession.
1 beg to apologize for the length of this letter.
God spare you

I have the horiour to subscribe myself,
Sir,
Yours faithfully,

Capt. N. LAUREY,
Acting Governor of Daman. ,

(Below letter fvomthe Governor of Daman dated I March rgoq)

NO. 2012 of 1904.
Camp Castle Rock,

for favour of early report.The undersigned thinks thatnuifBritish subjects

go into Goanese territory for sport they have to get a license from the
Goanese Government .
R. H. HUME,
Collecterof Salt Revenue. ..
(Return please)

With reference to the foregoing the undersigned begs to report that
the closingof the duty collecting work on Sundays and public holidays
at the Kunta Custom House and at the Naka must undoubtedly be
causing great inconvenience to travellers and the people. Though the
duty-collecting work is stopped at present on public holidays, the search
of cartsand of passengers' baggage passing by the road has tobe done as
on ordinary days and a responsible officehas to be present at the Custom
House or the Naka to supervise the search. If the officer who is present,
therefore, recovers duty andgrants receipts for any dutiable articles that
may be found in the travellers'baggage inclusive of small parcels carried
in hand or as a headload, the work is capable of being easily managed.

At Castle Rock the Customs Manager used to recover duty on and pass
the articles brought with them by fooktracellersfrom Goa on al1days
inclusive of Sundays. It is indeed very hard that a traveller should have
to wait fora day or for days together because he happens to carry with
him a dutiable article on which this Department has to recover a pice or
two when the Custom House re-opens for work. The undersigned, there-
fore, is of opinion that there should be no objection to receive duty on,
the traveller's luggage and articles carrieby travellers on Sundays and ANNEXES TO PRELTMINARY OBJECTION (C NO.47)
437.
public hoLidays on the Daman frontier. The present practice of not
receiving any duty on Sundays and public holidays has been in force on
the Daman Frontier only since the last monsoon and was introduced on
receipt of information from the Diggi Sarkarkun, obtained by the Sar-
karkun, Daman Frontier, that a simiIar practice had been introduced.
there on thestrength of the Collector of Salt Revenue's Circular No. 3452.
dated the zxst May 1903.

2.As regards the importation of gwns from Daman, only Europeans,
though not British-born subjects, are allowed under the IndiaArms Act,
to possess guns in British India without a license and such Europeans
may be permitted, under Sec. 6 of the Arms Act, to import guns into
British territory from Daman ifthe Governor of Daman furnishes alist
giving the names of such Europeans and a description of the guns which
each such European may have to iniport for sporting purposes. As for
Eurasians who are not British-born subjects and others the rules of the
Arms Act will have to be enforced as nom7.
3. There isno Arms Act inPortuguese India andthere was no restric-
tion on British subjectscarrying ams into Goa. Guns used occasionaIly
to be carried to Goa via Castle Rock for repairs by license-hoIders in
British India.
(Signed) Illegible,

Ag. Assistant CoIlector of
Salt Revenue, Surat Range.

No. 3957 of 11304.

Camp Castle Rock,
24th May, 1904-

Returned witl-icompliments.
z. Mr. Sinclair is requested to state what officer searches c;irts and
passengers' luggage at Challa and Kunta on Sundays and public holidays.

3. How would the levy of duty on aLZdutiable articles hrougfit to the
Daman Frontier on Sundays and public holidays be considered urgent
work justifying the opening of the Custom House under Government
Resolution No. 7182 of 23rd December, ~goz?Such work might indeed
be considered as urgent in special cases e.g. Portuguese Government
stores covered by a pass from the Governor of Daman.
4. As for the Assistant Collector's reference to Secti6nof theArms
Act-Section 7 (a) ofthe Rules under Section 17 of that Act specialiy
prohibits the importation of any arms, ammunition, or military stores
from Portuguese India. How then could a license from the Governnient
of Daman be accepted?
Return please.

(Sigîzed) R. H. HUME,
Collector ofSalt Revenue ANNEXES TO PRELIMINARY OBJECTION (C NO. 47)
438
NO. 1808 of 1904.

Returned with compliments.

2. The Naka offices are entirely closed to Mercantile Traffic on Sun-
days and close holidays, but apparently no great inconvenience is
caused to passengers provided they do not arrive at the Nakas with a
large quantity of dutiable goods. One of the Karkuns both at the Chala
and Patharpunja Nakas have orders to remain at their posts on Sundays
and Holidays.
The sentry ai the Naka examines carts and passengers' kit and if he
discovers any dutiable goods he refers them to the Karkun at the Naka.
If the dutiable goods are in reasonable quantities (after taking into
consideration the status and position in life of the passenger) the pas-
senger is allowed by the Karkun to proceed on his journey with al1 his
belongings. Where however a passenger is found to possess a large

quantity of dutiable goodshe is detained and advised to send his dutiable
goods back, or to wait till the Naka office is opened.
3. At Kunta the Naka office is situated in the village. There is how-
ever a chowkey on the main road to Daman, and the sentry on duty
at this chowkeyexamines al1carts and passengers' kit and allows these to
proceed on their journey provided they possess no dutiable goods. If
however dutiable goods are discovered the passengers or carts, as the
case may be, are directed to the Sirkarkun's office. Here again either the
Sirkarkun or his Avalkarkun are always present at or near the Kacherri
and the same procedure is adopted in respect to dutiable goods as at the
Chala and Patharpunja'Nakas.
It would perhaps not be out of place here to mention the fact that
though the acting Governor of Daman complains about the inconve-

nience caused to passenger traffic owing to the closing of Our Naka
offices on Sundays and Holidays, al1the Naka offices in Portuguese
territoryitselare kept closed on Sundays and other Holidays !
4. The U.S. is respectfully of opinion that Government Resolution
No. 7182 of 23rd December, 1902, could not be made applicable to the
levy of duty on all dutiable articles brought to the Daman Frontier on
Sundays and public holidays. An exception might be made in favour of
Portuguese Government stores covered by a pass from the Governor of
Daman, as suggested by the Collector.

5. Under Government Resolution No. 1417 dated zznd February,
1894, Rev. Dept. Portuguese officials entitled to Wear uniform are
exempted from the payment of Customs duty on the weapons they carry
while proceeding on duty; this however does not exempt such officials
from paying duty on arms used esclusively for sporting purposes.
A license from the Governor of Daman could only be accepted provided
it were countersigned by the District Irlagistrate of the District into
which the licensee proposes to proceed.
(Sigtzed) R. SINCLAIR,

Asstt. Collr. ofS.R.,
Surat Range. ANNEXES TO PRELIMINARY OBJECTION (C NO. 47)
439

NO. 5534of X904.
Poona,
2r. 7.04.
To

The Governor of Daman,

Sir,
1 have the honour to acknowledge your letter of the 1st March, 1904,
and after careful scrutiny to reply as follows.
2. 1 find that on the Daman Frontier the Customs houses were closed

for ordinary ulork on al1holidays notified under Negotiable Instruments
Act and on other genera1 holidays granted by executive orderç. This is
in accordance with Br. G.R. No. 71ii2 G.D. of 23. 12.02. But even on
such days the baggage of passengers if suitable to their condition in life
isalways passed.
3. I have now instructed the frontier customs officials also to pass
on such days al1 Portuguese Government stores (including medecines)
bound for Nagar Haveli and covered by a pass signed eitherby yourself
or some responsible officia1named by you (whose designation may kindly
be communicated to this office). I trust this concession will rernove any
difficulty hitherto existing.

4. As regards the passing of arms across the Daman Customs Frontier
from Portuguese to British territory Br. G. R. No. 1417 of 22. 2.94
R.D. determined the arms which-
(A) non European Civil offici:ils acting under the Government
of Portuguese India who are entitled to Wear a unifom and Sword
and
(B) military officers of that Government if entitled to carry in

Portuguese India, should be exempted from liability to the pay-
ment of customs duty at the districts through which the ordinary
routes by land or sea from Goa to Daman pass.
1 regret 1 am unable to make any further concessions than those
already granted by the Government of Bombay.

Ihave, etc.,
R. H. SLY,
C.O.R.

Copy to the A. C.Surat Range for iriformation and guidance especially
as regards the passing of Portuguese Government Stores. ANNEXES TO PRELIMINARY OBJECTION (C NO. 47)
440
Daman, 26th July, 1904.
No. 23.

To
R. A. L. Moore, Esquire,
I.C.S., Collector of Salt Revenue,
Bombay.

From
The Governor of Daman.

Sir,
1 have the honour to acknowledge the receipt of your kind letter
No. 5534 of 21st instantand I thank you very much for the concessions
ganted by you and the pass will be signed by me or by the Secretary of
this government and 1will be glad enough if 1can be useful in any thing
to you in this district.
God spare you,

1 have the honour to be,
Sir,
Your .most Obedient Servant,
(Signed) Illegible,
Royal Navy, Govemor of Daman.

Poona, 1st August, 1904.

Copy forwarded to the Assistant Collector of Salt Revenue, Surat
Range, for information, guidance, and communication to the Sarkarkun
and Inspectors Daman Frontier.
(Initialleci)
C.O.R.
O.C. No. 2161.

Revenue Department,
Bombay Castle,

zznd February, 1915.
Translation of a letter in Portuguese from the Consul General for Por-
tugal at Bombay, dated 5th January, 1915:-

"Being in need of, a license to transport, through British territory,
stores for tthe Portuguesely, authoritiestnamed below,he un1errequestecthe
favour of your issuing the necessary instructions, and thank you for
a reply.
For the Administrator of Forests ofNagar Avely, Lieut. VieiraBranco.

Biscuit, Crearn Crackers. ............ 6 tins.
Cigars (Brevas) ................ 6 boxes.
Spirits .................... 2bottles.
Cognac .................... I Jar.
Gin (Hulstk....................... 2 bottles.
Vinegarh ....................
Madeira Wine, 1895 .............. 2 ,,
Whisky (Bouse of Lords) ............ 2 ,,
Sugar ..................... IO Ibs.
Oi1 C.B.. ................... 5 litre tins.
Olives, Superfine ............... 4 tins.
Cod ..................... 20 Ibs
Balchao .................... 4 tins.
Meat prepared with Balchao ........... 2 ,,
Pickled pork (Vindalho) ............. 4 ,,
Coffee (ofInhabane) .............. IO Ibs.
Tea (Pekoe) .................. 2 packets.
Sausage (B.G.) ................. 2 tins.
French beans (white) (red) ............ 3 litres and
IO lit.
Mango Jelly (Costa) .............. 6 tins.
Grain. ...................- 5 litres.
Tender mangoes in vinegar ........... 2 flaggons,
Butter (of Beira) ............... 2 tins.
Cod Roe ................... z packets.
Cheese (Castelo Branco...875)............ 1
Refined Salt .................. S bottles.
Lard (tin of I kilo) ............... 5 tins.
Pickled (Serra) fish ............... 10 ,,
Mango Jam (Rangel) .............. 12 ,,
Cauliflower .................. 10 ,,
Peas ..................... 10 ,,
Green French beans .............. 10 ,,
Vessels ....................
Barre1 of Tinto Figueira ............'
Barre1 ofGreen Wine .............. 1916

REVENUE DEPARTMENT

Dis. No. 45

SUBJECTC :USTOM DSUTY

Ex~mfition from Customs Dufy theprovision and wine requiredfor the
$çvsonal use of the Military Commandantand Civil Administ~atorNagar
AveEi

No. A.G. 253.

To,
The Commissioner of Customs,
Salt, Opium and Abkari,
Bombay.
Surat,

26,th January, 1916.
Sir,
In reply to your L.C. No. 2/39, dated rgth January, 1916, 1 have
the honour to state that there appears to be no question thatan attempt
was macleto pass dutiable articles which had not been properly described.
Wliether the Commandant was himself cognisant of this deception is a
point which it would perhaps be inadvisable to investigate too closely.
The action taken by the Collector of Salt Revenue, was in my opinion
fiilly justified by the circumstances of tcase; though Ishould.not see
any particular harm in itif you now remitted the duty.

2. The main question however-i.e. our procedure-for tlie future-
is really one of'high politics'My own ppinion is that it is quite worth
while to conciliate these Portuguese officers by petty concessions, seeing
that in extradition and excise matters it is open to them to cause us a
good deal of serious convenience. I should be inclined to permit the
Commandant and Administrator at Nagar Haveli to import free of duty
any kind of wines and spiritsand tobacco in reasonable quantitiesfor the
use of hirnselfand his family. But I should alsotell him that in view of
the 'mistakes' that have occurred in the past, al1the boxes !vil1have to
be opened at the frontier.
3. 1 suggest that you should draw up a list, fixing the limits that
niay be imported free each year. 1would suggest:

6 dozen whisky.
6 dozen brandy.
24 dozens wine, or beer or liqueurs (non Portuguese).
24 dozens wine (Portuguese).
2,000 cigars.
5,000 cigarettes.
zo lbs. of tobacco.
1 think the Assistant Collector of Salt Revenue or the Collector Surat
should be allowed to pass freeof duty up to these limits, which will Save
the delay and inconvenience of obtaining your sanction in each case. The Assistant Collector should be allowed to pass 'provisions' of any
sort free of duty.
1 have etc., .-

(Signed) W. F. HUDSON,
Collector, Surat.

L.C. No. 2/39 of1916.
Camp, Godhra,

31st January, 1916.

Copy forwarded to the ColIector of Salt Revenue, Bombay, for favour
of remarks on paragraphs 2 and 3, with reference to his letC.X.No. 14,
dated the 5th instant.
J. R. ARTHUR,
Commissioner of Customs,
Salt, Opium and Abkari.

Confidential
LANDCIJSTOMS

Exemption #rom fiayment of customs duty on the aman Frontier of
Portuguese wines requived for the ure O/ the Military Commandant of
Nagar Aveli and Irans$ortedto that territory #rom Daman

GOVERNMENT OF BOMBAY

Order No. --12655
686-Confl.

Bombay Castle, 23rd December, 1916.
Letter from the Military Commandant and Civil Administrator, Nagar
Aveli, dated 11th October, 1916:-

' "By your letter L. C. No. ::/3g-paragraph and-dated 10th
March, 1916, you have been ~ileased to allow the importation,
each year, free of duty, of wines, spirits, tobacco and cigarettes in
determined quantities, besides provisions of al1sorts, for my own and
my family's use as well as for that of the officials on duat Nagar
Aveli.
"Among the articles allomed to be imported free of duty stand
six dozen whisky, six dozen brandy and 24 dozens of wine or beer or
liqueurs non-Portuguese.
"As these drinks are generally imported from Bombay, there
is no need of being,imported from Goa through Daman; so 1 have
the honour to solicit of you to be pleased to increase the quantity
of Portuguese wine, i.e.the quantity of dozens of whisky, brandy,

3 0 wine or beer or liqueurs non-Portuguese may be added to the latter,
so that, in lieu of4 dozcns, 1may be allowed to import, each year,
free of duty,60 dozens of Portuguese wines whose use is much more
than that of non-Portuguese drinks.
"Hoping you will be pleased to accede to my request, 1 have the
honour to solicit the necessary orders to the customs authorities
along the Daman Frontier."

Memora~idum from the Commissioner of Customs. Salt, Opium and.
AbkPri No. L.C. 2/39 dated 6th November, 1916:-
"Submitted to Government in the Revenue Department.
"2. The Commissioner begs to append copies of the corres-
pondence noted in the margin from
Letter C. R. No. 14 dated 5th which it wiI1 be çeen that on the
January.1916. from the Collector recommendation of the Collector-
of SaltRevenue. of Surat made in the circumstances
Memorandum L. C. No. 2139
!g!h January,1916,from the detailed therein, and as matter of
Commissioner. persona1courtesy, he permitted the
Leiter NOA. G.-253 dated26th Military Commandant to impod
Surat.y. 1916. frothe Collectof for the use of himself and his.
family free of duty each year into
February.1916.from the CoiIector Nagar Aveli wines, spirits, tobacco.
ofSaltRevenue. and other provisions in quantities.
specified in paragraph z of this.
March. 1916,fromthe Commissioner. lctterL.-. No, 2/39 dated
the 10th March, 1916.The Military
frorn the.Military Commandant.6, Commandant now requests that
NaearAveli. the allowance of Portuguese wines

be raised from 24 to 60 dozens, and
he includes in his request officialson dutat Nagar Aveli as well as
himself and his family. As the Commissioner does not feel justified
in further increasing the limit on hisown responsibility, he submits
the matter for the orders of Government."

Letter from the Commissioner of Customs, Salt, Opium and Abkari to
the Military Commandant and Civil Adrninistrator, Nagar Aveli, L.C.
No. 2/39 dated 10th March, 1916:-
"In continuation of my letter L.C. No. 2/39 dated the 10th
ultimo, I have the honour to state that in rny telegram of the
31st October, 1915, to the Collector of Surat, 1 granted permission

to pass two casks of Portuguese wine and three cases of provisions
intended for your use which were in transit from Goa to Silvassa
in Nagar Aveli. On examination of the consignment by the Sar-
karkun of Daman at the Chala Naka however it was discovered
that, although one case contained wines and spirits only, the other
two contained, besicles provisions, spirituous liquor. Tobacco was
also found in one of the latter cases. The Collector of Salt Revenue,
Bombay, was in the circumstances justified in charging duty on
the articles which were not covered by the transport permit granted
by the Collector of Surat. 1 am, howcver, as a special case, asking
the Collector of Salt Revenue to paçs the articles detaiiied by the
Vapi customs authorities free of duty. "2. The Collector of Surat has suggested to me that in order
to Save the delav and inconve-
nience involved in obtaining my
6 do,,nbrandy.
24 .. wine orbeeror liqueurs sanction in each case, you may be
24 winen(Portuguese). allowed to import each year, free
2.000cjiirs. of duty, wines, spiritsand tobacco,
5.000 cigarettes. in quantities specified in the mar-
20 lbsof tobacco. gin. as well as ~rovisions of anv
çort for your obn use and th&
of your family, on the understanding that al1 consignments pur-
porting to contain article~vhich maybe passed free under this arran-
gement will be subject to exam.ination and that they will only be
passed via the Chala Naka. I have accepted the Collector's sugges-
tion, but 1 must ask you to note that, ifany attempts are made to
pass quantities in excess of those mentioned above, 1 shall have no
option but to withdraw the concession.

"3. The requisite permit for passing goods free of duty wiIl
be granted to you by the Collector of Surat on an intimation being
given to him."

ORDER.-T~~ Commissioner of Custornç, Salt, Opium ancf Abkfiri
shouId be requested to inform the Military Commandant and Civil
Administrator, Nagar Aveli, that for himself alone, 60 dozen Portuguese
wine per year will be allowed free passage, but that the exemption cannot

be allowed to al1officiais,and that other stores cannot aIso bc allowed
exemption as they can be obtained equally weIl from Bombay in which
case the question of duty will not arise.
(A. F. L. BRAYNE),

Under Secretary to Govemmcnt.

12685,
G.O. No. -686-Confl. R.D., dated zjrd December, 1916.

To
The Commissioner of Custornç, Salt, Opium and Abkari,

The Collector of Salt Revenue, Bombay,
The Collector of Surat,
The Political Department of the Secretanat. ANXBXBS TO PRELIRIIXARY OBJECTION (C NO. 49)
443
Annex C. No. qg

Recovd Oflce, Bombay

1916

POLITICAL DEPT.

Permissiongranted totravelEer/srom Daman to Nagar Avely to take with
them datesin quanlitiesnot exceedingone$ound per head for theirpersonal
consumfitionon the jozrrney.

GOVERNMENT OF BOMBAY

Order No. 5819.

Bombay Castle,
9th June, 1916.

Letter from the Collector of Salt Revenue, Bombay, C.R. No. 511 dated
31st March, 1916:-
"1have the honour to invite reference to Government Resolution,
Revenue Department, No. 2240 dated the 4th March, 1912, pro-
hibiting the export of dates from British India to the Yortugvese
possession of Nagar Avely. The orders prohibit absolutely the
export of dates. Butit has been brought to my notice that travellers
from Daman to Nagar Avely frequently take with them srnail
quantities of dates for their persona1 consumption on the journey.
The orders are at present strictly enforceand the dates are confis-
cated. It appears to me that the strict enforcement of the orders
causes unnecessary inconvenience to the travelling public. The
object is toprevent the import into Nagar Avely of dates for use
in distillation1 asked the Collector of Surat for his opinion and
it will be seen from his mernorandum No. A.G.-gg dated the
23rd March, 1916 (copy attached), that he agrees with me that
travellersshould be permitted to take with them such reasonable
quantity of dates (which he proposes should be two pounds) as
may be required for their persona1use.

"2. It would be easy to discover if the concession were being
used to bring in dates for purposes of distillation, and I think that
there would be no objection to except from the operation of the
orders dates in quantitiesof not more than two pounds irnported
by travellers for theirersonal use on the journey." ANNEXES TO PRELIAIINARY OBJECTION (C NO. 49) 449
Memorandum from the Collector of Surat No. A.G.-gg dated 23rd
March, 1916.

Returned with compliments.
The undersigned entirely concurs and thinks that two pounds
might be allowed. If a considerable number ofperçons aïrail them-
selves of this concession, the Sarkarkun rnight report the rnatter for
further consideration.

1Iemorandum from the Commissioner of Customs, SaIt, Opium and
-4bkAri Ex. Mis. No. 4-11 datcd I5th April, 1916:-

"Subrnitted to Government in the Revenue Department with
a recommeiidation that dates in quantities of not more than two
pounds, imported by travellersfortheir personal use on the journey,
may be exempted from the operation of the orders qrioted above."

ORDER.-Travellers fron~Daman to hragar Avely may he allowed to
take with them dates in small quaiitities not exceeding one poundper
head for their persona1 consurnption on the journey. A report on the
working of the arrangement should be subrnitted after six months.

J. A. POPE,
Under Secretary to Government.
T O

The Commissioner of Qistoms, Salt,Opium and Abkiri,
The Collector of Salt Revenue,Bombay,
The CoIlector of Surat.

The Collector of ThAna,
The Political Department of the Eacretanat.
Orders issued after consultation with the Political Department.

No'tesremain with this Department and can be seen when required.
B. 6962. Pol.
Submitted.

No action is necessary.
File.
(Illegible)

1614. ANNEXES TO PRELIMINARY OBJECTION (C NO. 50)
450
Annex C, No. 50

Record Ofice, Bombay

1936
File No.1305/34

POLITICAL AND REFORRIS DEPARTMENT

SUBJECT-CUSTOM DSUTY

Reqtcestofthe PortzlgueseGovt.for afreetransit bhvoughBritish India of
iron rails to becarriedfromDaman to Nagar Aveli.

Translation

GOVERNMENT OF THE STATE OF INDIA

No. 18gjG..

Issue No. 1619.
Nova-Goa, the 9th June, 1936.

The Chief Secretary to the Government of the Bombay
Presidency, Political and Reforms Department, Bombay.

Sir,
In order to replace the wooden posts of the telegrayh lines in Silvassa
(Nagar Aveli)some iron rails were despatched by sea from this (Goa)
District to the district of Damaun.

z. The Governrnent of Damaun reports that the Britisli Customs
authorities do not allowthe passage ofthis material, free of duty, from
Damaun to Nagar Aveli.

3. I am directed by His Excellency the Governor-General to request
that you will be so good as to takeinio consideration the fact that the
subject under considerationrelates to the use of the material belonging
to this Government in its own territory, whidoes not in any way affect
the interests othe Bombay Presidency. It is therefore to be hoped that
the neccssary orders will be isçued for the material in question to be
transported without any fiscal hindrance. 4. The Governnient of Bombay is interested in the (telegraph) line
referred to, as it is interpolated in the telegraph line which connects
Bombay with the Native State of Dharampur.
For the Benefit of the Nation.

(Signed F)ancisco Higino CRAVEIRL OOPES,
Major,
For Chief of the Cabinet.

True translation,
(Signed)

Portiiguese Translator to Government.
Poona, 19th June, 1936.

D.A.Dis. No. 565-Cus. 11/36

From Simla, the 10th 4ugust. 1936.

R. R. Saksena, Esquire, M.A.,
Under Secretary to the Government of India,
To
The Chief Secretary to the Government of Bombay,
Political and Reforms Department.
Subject:-Exemption-Iron rails to be transported from Damaun to
Nagar Avelie-Property of the Portuguese Government-
Exemption from duty.

Sir,
With reference to your letter No. 016984-A, dated the 2nd July,
1936,tothe Political Secretary tothe Governrnent ofIndia, I am directed
to say that the Government of India are pleased to sanction,asa special
case, the transport of the iron raiin uuestion through British territory
free of custorns duty.
1have the honour to be,

Sir, Your most obedient servant,
(Signed)
14.5.36.
Under Secretary to the Government of India.

Copy of correspondence fonvarded to :
The Collector ofSalt Revenue, .Bombay, for
necessary action.
The Accountant-Generd, Bombay. AKNEXES TO PRELIMINARY OBJECTlON (C NO. 51)
452

RecordOfice,Bombay
rgor

POLITICAL DEPARTMENT

GOA

Rzquest of tlzePortugueseGovernment /or $ermission for a srnaElArmed
Military detachmenttopass throughBritish territowhile pvoceedzngfrom
Damaun to Goa.

Letter No. 161,dated the 26th November, 1901.
FI-om-The Consul-General for Portugal in British India;

To-The Secretary to Government, Political Department, Bombay.
1 have the honour to enclose herein two copies of the telegrams, being
orle sent to you yesterday and the other one is a translation of the tele-
gram received to-day from His Excellency the Governor-General of
Portuguese India, by whichyou can see that the detachmentisexpected
to arrive to Bombay from Damaun at every moment. So, under the
circumstances, 1 beg you to be good enough to issue "urgently" the
necessary orders to prevent any inconvenience to pass the said Military
Detachment through Bombay to Goa.

Telegram dated the 26th November, 1901.
From-His Excellency the Governor-General of Portuguese India ;

To-The Consul-General for Portugal in British India.
There is reason to presume that the blilitary detachment numbering
about zo leave to-day Damaun arrivingto-day to Bombay;for misunder-
standing of their Govemor of Damaun and His Excellency the Governor
ask you to take steps.

Telegram dated the 26th Novernber, 1901.

Fcom-The Consul-General for Portugal in British India;
To-The Secretary toGovernment, Political Department, Bombay.
His Excellency the Governor-General of Portuguese India telegraphs
to this Consulate to solicit permission of His Excellency the Governor,
Lord Northcote, to pass througfi Bombay a small Military detachment

which proceeds from Damaun to Goa by land with arms. The exact date
of departure from Damaun and the number of them, 1 letyou know by
wire conveniently. ARNEXES TO PRELIMISARY OBJECTION (C no. 51) 453
Letter No. 8193, dated tlie26th November, 1901.

From-The Secretary to Government, Political Department, Bombay;
To-The Consul General for Portugal in British India.

1 am directed to acknowledge the receipt of your letter No. 161 of
to-day's date, relative to the movement oadetachment of soldiers from
Damaun to Goa by rail, and in reply to state thathe entry of armed
troops into British territory cannot be permitted until the orders of
Government have been obtained and instructions içsued to the local
British officers concerned.
Pol. 1728.
--

Telegram dated the 25th November, ~go~

From-The Secretary to Government, Political Depa~tment, Bombay;
To-The Superintendent of Police, SouthernMaratha RaiIway.
Government have autliorised transit of armed detachment of about
twenty soldiers proceeding fromDamaun to Goa by train.

Letter No. 8319, dated th.e 30th November, 1901.

From-The Secretary to Government, Political Department, Bombay;
To-The Superintendents of Police, B.B. K:C.T. and G.I.P. Railways,
Bombay.

I am directed to state, for your irifor~nation, thnt Government have
authorised the transit ofa detactirnent of about twenty armed soldiers
proceeding from Damaun to Goa by train through British territory.

Memorandum No. 8320, dateil the 30th November, 1901.
(Below co$y ofthe Consul-Ge.i.terulstterNo.,161datedthe 26thNovember,
1901.)

From-The Secretary to Governrnenr, Political Department, Bombay;
To-Tlie Commissioner of Police, Bombay.

Copy forwarded to the Commissioner of Police, Bombay, for such
action as may be necessary.
2. The Superintendentç of Police,B.B. & C.I., G.I.P. and S.M.
Railways have been informed.

Letter No. 8321, dated thi:30th November, 1901.
From-The Secretary to Government , Politicai Department, Bombay;
T-The Consul-General for Portugal in British India.

I am directed to acknowledge the rizceipt of your Ietter N161,dated
the 26th November, 1901,and in reply to state that the Commissionerof Police, Bombay, has been instructed to take the necessary action in
connection with the transit throngh Bombay of the detachment of
soldiers proceeding ta Goa from Damaun.
-
2. The Superintendents, of Police B.B. & C.I., G.I.P. and S.M.
Railways have also been inforrned of the movement of the detachment.
3. 1 am to request that on future occasions the date of the proposed
movement of such detachments may be stated, andthat sufficient notice
may be given to enable the orders of Government to be obtained and
instructions to be issued to the local authorities.

Letter dated the 30th November, 1901.

From-The Consul-General for Portugal in British India;
To-The Acting Chief Secretary tothe Government of Bombay, PoIiticaI
Department.
1 have the honour to acknowledge the receipt of your letter No8321
of to-day's date, inforrning me that you have issued the necessary orders
in connection with the transitof a small detachment of soldiers which
are proceeding from Damaun to Bombay and hence to Goa by sea.
1 have before me your note about the future movements of such
detachments and that will be transmitted to His ExcelIency the Gover-
nor-General of Portuguese India.
1shall be pleased to thank you in name of His Excellency the Gover-

nor-General of Portugucse India for your prompt and kind concession
for the licenseand for the necessary orders issued.

No orders. ANNEXES TO PRELIMINARY OBJECTION (C NO. 52) 455

Annex C. No. 52

National Archives,New Delhi

GOVERNMENTOF INDIA
FOREIGN DEPARTMENT

Proceedings, September, 1912, NOS. 17

Disturbancesi~hPorkguese India.

Pro. No. 6.
Telegram P, dated and received the 5th August, 1912.
From-The Secretary to the Govemment of Bombay, PoIitical Depart-
ment, Poona,
To-The Secretaryto the Government oflIndia in the Foreign Depart-
ment, Simla.

In connection with the operations against rebels, the Portuguese
Government desire to march an officerand sixty men acrosIOkilometres
of British territory clostothe border. Do you see any objection?
It is essential that the matter shoi~ldbe kept secret and a replysent
urgently.

Pro. No. 7.
Telegram P., No. 5,-459, da.ted the 6th August,1912.
From-The Secretq to the Government of India in the Foreign Depart-
ment, Simla,

To-The Secretary to theGbvernment of Bombay, Political Department,
Bombay.
Rebellion in Goa. Your telegram of 5th instant. Portuguese Govem-
ment may be informed that Government of India have no objection to
their proposal to march an officeranclsixty men acrossIO kiIometres of
British territory. They should be clearly informed that Government of
India allow this asspecial case.
Exd. P.M.M. GOVERNMENT OF INDIA
FOREIGN DEPARTATENT

Proceedings, November, 1912,Nos. 1-2

Rebellionat Goa. Desire of PordugueseGovernmentto sendtroopsthrough
British territory.

Pro. No. r.
Telegram P., dated (and received) the 7th October, 1912.
From-The Secretary to the Government of Bombay,

To-The Secretary tothe Government of India in the Foreign Depart-
ment, Simla.
Portilguese rebellion at Goa. Please refer to Foreign Departrnent
telegram dated August 6th, No. S.-459. Portuguese Government have
abandoned the specific proposals for which they obtained permission
from Government of India and now request to be permitted to send sixty
men in charge of an officerabout thirty miles by train into British terri-
tory and then to rnarch them nine miles across country to Portuguese
border. In the opinion of His Excellency we should not allow thern
transport by train, but othenvise there is no objection. Kindly reply by
telegram.

Pro. No. 2.
Telegram P., No. I-C, dated the 11th October, I~IZ.
From-The Secretary to the Government of India in the Foreign Depart-

ment, Viceroy's Camp.
To-The Secretary to the Government of Bombay, Political Department.
Please refer to your telegram dated 7th instant regarding the Por-
tuguese rebellion at Goa. Your views that the transport by train of
Portuguese troops should not be permitted, are concurred in by the
Government of India; othenvise, to the proposai of the Government of
Portugal, there is no objection. ANNEXES TO PRELIMINARY OBJËCTIOX (C KO. 52) 457

Record Ofice,Bontbay

1912
POLITICAL DEPARTMENT

No. 749.Pt. 1

DISTURBANCES

Covvespolzdencrealatingtothe disturbancesin Portugzteseterritory.

Ap$lication from the Port~gueseAutl~oritiesfor the extraditionof certain
Bersons.

13ombay. 14th November, 1912.
Consulado Gera1 de Portugal,
na India Ingleza.
The Secretary to Government,
Political Department,
Bombay.
Serie.G.

No. 506.
Urgent.
Confidential.

Sir,

1 have the honour to inform you tl~at the Government of Portupiese
India, by wire received to-day, request to know from the British Gov-
ernment what steps, the Portuguese armed force, composed of 60 men
commanded by Captain Souza Menezes, should take wIiile entering the
British territoryat any point between the Roads of Tinem and KeU
Ghaut on the 14th or 15th instant & rnoving again into the interior of
the Portuguese territory on the16th or 17th instant.
As these information are Urgently required 1 shall feel rnuch obliged
ifyou kindIy lay the matter before the Government of Bombay Presi-
dency for an early reply.
Thanking you in anticipation.
I have the honour to be,

Sir,
Your most obedient servant,
VISCOUNT DE MER,
Consul General for Portugal. Bombay, 25th November, 1912.

Consulado Geral de Portugal,
na India Ingleza.
Sene General,

NO.524.
Confidential.
The Secretary to the Governrnent,
Political Department,
Bombay.

Sir,

1 have the honour to inform you that Iam directed by H. Excellency
Governor-General of Portuguese India to present H,E.'s sincere thanks
to the British Governrnent for having graciously allowed the passage of
Portuguese armed force in the British territories which took plonethe
15th & 16th instant.
1 further request you to be so good risto convey the same thanks to
His ExceUency the Governor.
1 have the honour to be,

Sir. Your most obedient servant,

VISCOUNT DE MER,
Consul General for Portugal. ANNEXES TO PRELIMINARY OBJECTION (C NO. 53) 459

Annex C.No.53

RecordOfice,Bombay

1913
SPECIAL DEPARTMENT

No. 489.

YORTUGUESE INDIA

Reci*rocity in the watters oalbowing parties of PortugueseArmed Police
to travelacrossintervening British territorywhcnjourneyinfrom one part
of Poïtuguese India50another.

Consulado Gera1 de Portugal,
Na India Ingleza.
Bombay,

2nd October, 1912.
Serie General
NO.432.

The Secretary to Government,
Political Department,
Bornbay.
Sir,

1 have the lionour to bringto your notice that I am informed by the
Government of Portuguese India, by wire dated 1st iristant, thatone
Havaldar and tliree sepoys were landed at Nova-Goa coming [rom
Ratnagiri by one of the shepherd's ferry boat, nrmed with ammiinitions,
conveying two prisoners manacled stati~ig that they are corne from the
Ratnagiri Police & proceeding to Dhanvar via Mormugoa by Rail, in
order to hand over the said prisoners to the Superintendent of the
Dharwar Jail.
They had two officialetters addressedtothe Superintendent of Jailof
Dhanvar from the Director of theJailof Ratnagiri, & a permit of passage
by railup to Dhanvar, signed by a. Police Officer of Ratnagiri. The
Havaldar name isBicu Babagy Porvar; & sepoys names are Bicu Ralu
Salvi, Balchrisna Bapugy Dessae & Essovanta Balagy Indulcar. They
alsostated thatafterhaving handed over the prisoners thewillreturn to
Mormugoa, but they cannot give the exact date, as they don't know when
they will start from Dhanvar. Frorn Mormugoa they will proceed to
Ratna&i, ifthere is any available steamer, otherwise they willcorne
back to Nova-Goa.
The Portuguese Government has afforded them every facility to
procced to their destination accompanied by one non-commissioned
Officer.
Under these circumstances, the Portuguese Government instructs me,
to request you, to beso good, as to ascertain the veracity of the above
declarations & ai the same time in future,insuch cases, the Portuguese460 ANNEXES TO PRELIIIINARY OBJECTION (C NO. 53)
Government should be informed to avoid any difficulties for such
transit.

I have the honour to be,
Sir,
Your most obedient servant,
VISCOUN TE MER,
Consul General for Portugal.

Subtd. This may be forwarded to the Collr. of Ratnagiri for favour of
report which should be submitted thro' the Comr. S.D.
Draft acknowledging receipt of the Consul-Genl's letter, iç puup.

(Below acopy ofaidter frotltlzConsul-Ged. forPortzsgaaiB'bay, No. 432
of2/1o/r2.)
NO. 7502.

POLITICAL DEPARTMENT

Bombay Castle, 11th Octr., 1912.

ITorwrirdedto the Collr. of Ratnagiri fofavour of report which should
be submitted thro' the Comr. S.D.
O.C.,
U.S. to Govt.

No. 5173 of 1912.
From A. R. Bonus, Esquire, I.C.S.,
Coilector & District hlagistrate,
Ratnagiri.

To The Under Secretary toGovernment,
Political Department,
Bombay.
Camp Malwan, 14th November, 1912.
Sir,

Referring to Government endorsement No. 7joZ datcd 11th October
1912, 1 have the honour to enclose copy of a report from the District
Superintendent of Yoiicc, Ratnagiri, which explains the facts of the
matter referred to.
[have thehonour to be,

Sir,
Your most obedicnt servant,
A. R. BONUS,
Collecter and District Rlagistrate.
Through The Commissioner,
Southern Division.From G. H. White, Esquire,
District Superintendent of Polici:,
Ratnagiri.

To The District Msgistrate,
Ratnagiri.
Ratnagiri, 6th November, 1912.
Sir,
With reference to your No. 4702 dated the 15116th October, 1912,
1 have the honour to inform you that a party of rHead Constable and
3 Constables was sent to Dhanvar on the 23rd September, Igrz, to escort
2 prisoners from the Ratnagiri Jail in accordance with letter No. 1275
dated the 18th September, 1912. from the Superintendent of Prison,
Ratnagiri, copy attached. The party ïvere instriicted to proceed by
steamer via Marmagoa. The Head CoiistabIe in charge of the party made
enquiries of theBaridar Karkun at Ratnagiri and learnt thatthe steamers
did not touch at the Marmagoa harbour. He had therefore no alternative
but to purchase tickets for Nova Goa in the Portuguese territory, where
the party landed and proceeded on tlieir journey.

1 liave,etc.,
(Signedl S. DARASHA,
For District Superintendent of Police,'
Ratnagiri.

The D.M. adds-

The Portuguese authorities should always be informed before armed
parties are sent through Portuguesi: territory. The most convenient
way would be forthe D.M.M. concerned to communicate direct with the
secretary to the G.G. of Port. India or the local authorities.Tht:Portu-
guese Govt. might be asked whether this tvouId suit.
A. R. B.

4/12.

Yes. This should suffice.
Explain the circs. as in thD.S.P.'s letter and say that the declarations
made were correct. Express regret that they were not informed before
and ask if above procedure wiUsuffice in future.

C. C. W.
5.12.12.

A draft letter is submitted for approval-after receipt of a reply
from the Consul Genl. the necessary direction will issue to the D.M.'s
concerned.

E.M.
5.12.462 AKNEXES TO PRELI31INARY OBJECTION (C NO. 53)
No. 8714

POLITICAL DEPARTMENT

Bombay Castle.
7th December, 1912.
From :

C. C.\Vatson, Esquire,
Acting Secretary to Government, Bombay.
To:
The Consul General for Portugal,

at Bombay.
Sir,

In continuation of my letter So. 7366, dated the 4th October, 1912,
regarding the passage through Portuguese territory of an armed party
of Britisl-iPolic1,am directed to state that on enquiry it has been ascer-
tairied that a pnrty ofI Head Constable and 3 Constables was sent to
Dharwar on the 23rd September, 1912, to escort z prisoners from the
Ratnagiri Jail; the party was directed to proceed by steamer via Mar-
rnagoa. The Head Constable in charge made enquiries at Ratnagiri
but was informed that the steamers did not touch at Marmagoa. He had
therefore no alternative but to purchase tickets for Nova Goa where the
party landed and proceeded on their journey.
z. I am to request that you will comrnunicate to the Government
of Portuguese India the regret of the Government of Bombay that no
previous intimation was sent to them iii the case under reference.
3. In order to prevent the recurrence of such an incident the Govern-
ment of Bombay propose to instruct their officersconcernedto communi-
cate direct with the Chief Secretary to the Government of Portuguese
India or the local authorities before sending armed parties of British
police through Portuguese territory. I am to request that you will be
so good as to inform me whether this procedure meets the approval of
the Government of Portuguese India.

I have the honour to be,
Sir,
Your inost obedient servant,
O.C.,
Acting Secretary to Government.

Consulado Geral de Portugal, Bombay,
na India Ingleza. z~st January, 1913,

Serie
No.
The Secretary to Government
Political Department,
Bombay.

Dear Sir,
I beg to acknowledge receipt of your letter No.8714 of the 7th ultimo
the contents of which 1 have communicated to the Government of rlNNEXES TO PRELIMINARY OBJECTION (C NO. 53)
463
Portugueçe India. I am directed by -the said Government to inform you
that there is no objection wl-iatever to the passage of British Police
forces through Portuguese territory when engaged in the discharge of
their duty, such as that instanced in your letter, provided there is the
same reciprocity under similar conditions, in which case the Govern-
ment of Bombay shallreceive previous communication.
1 shall be glad if you will be so good as to infom me ifthis meets
the approval of the Government of Bombay so that 1may corn~nunicate

it to the Government of Portuguese India.
1 am to say that with regard to there having been no previous inti-
mation on the last occasion, the Government of Portuguese India isper-
fectly satisfied with the explanation you have been good enough to
offer and that the rnatter may be corisidered satisfactorily ended.
1have the honour to be
Sir,

Your moçt obedient servant,
Alfredo CASANOVA,
Consul GeneraI.

PORTUGUESE INDIA

Reciprocity in the ?natterof allowircgpartiesofPortzdgue?rmd Policeto
travelacrossi~ifervenir~gritish territorywhe?zjortvneyingfronzonepart of
Portuguese India to arzother

No. 1:jog.

POLITICAL DEPARTMENT

Bombay Castle,24th Febmary, 1913.

Letter to the Consul General for Portugal, No. 1206, dated the
20th February, 1913 :-

"With reference to your letter, dated the z~st January, 1913,
1 am directed to inform you that Government are willing to grant
reciprocity in the matter of allowing partiesof Portuguese Armed
Police to traveI across interveiiing British territory wht:n it is
necessary for them to do so in journeying from one part of Portu-
guese India to another, provided that previous intimation of their
intention is given to the locaI authorities.
"2. It must be clearly understood, however, that this arrange-
ment does not extend to armed troops operating on the frontier
between Portuguese and British territory."

RESOLUTION.-A copy of the foregoing letter to the Consul Gerieral
for PortugaI at Bombay should be forwarded to al1District Magistrates
for information, with an intimation that they will communicate direct
with the Chief Secretary to the Government of Portuguese India orthelocal authorities beforc sending armed parties of Police through inter-
vening Portiiguese tcrritory.
K. W. BARLEE,

Under Secretary to Government .
To
The Commissioner in Sind,
The Commissioner, N.D.,

The Commissioner, C.D.,
The Commissioner, S.D.,
,411District Ma,qistrates,
The Judicial Department of the Secretariat.

PORTUGUESE INDIA

Movement of-from one British Districttu another throztgh infervening
Portugzteseterritory

POLITICAL DEPARTMENT.

Bombay Castle, 30th July, 1913.
Memorandum from the Commissioner, S.D., No. Pol.-194, dated the
8th July, 1913-Forwards with concurrence in the District Alagistrate's
recornmendation for favour of orders with reference to Government
liesolutiori 30. 1309, dated the 24th February, 1913, the following
letter froin the District Alagistrate, Ratriagiri, Xo3379, dated the
1st July, 1913 :-

"Referring to the orders contained in Government Resolution,
Political. Department, No.1309 ,ctted the 24th February, 1913, the
District Superintendent of Police, liatnagiri, represents that escorts
of prisoners have at times to be sent at very short notice to Dhiirw5.r
or Belgaum from Ratnagiri; that such escorts have to pass through
the Portuguese territory on their way; and that if in each case the
District Magistrate is to be addressed for the purpose of com-
rnüriicating with the Chief Secretary to the Government of Portu-
guese India, considerable delay is likely to occur. He therefore
requests that to obviate the risk of such delay, Government may
be moved to authorise him to communicate with the Portuguese
authorities direct.
"2. Delay as pointed out by the District Superintendent of
Police is by no means unlikely during the period when the District
Magistrate is on tour.
"3. I therefore request that you will be so good as to move
Government to authorise the District Superintendent of Police as
proposed by hirn, subject to the consent of the Portuguese autho-
rities." RESOLUTION.-In modification of Government Resolution No. 1309,
dated the 24th February, 1913 ,overnment are pleased to authoriseal1
District Superintendents of Police to communicate direct with the
Chief Secretary to the Government of Portuguese India or the local
Portuguese mthorities before sendirigarmed parties of Policthrough
intervening Portugueçe territory.
A. F. KINDERSLEY,

Acting Under Secretary to Goverriment.
To
The Commissioner in Sindi,
The Commissioner, N.D.,
The Commissioner, C.D.,
The Commissioner, S.D.,
Al1District Magistrates,
- / With a copy of Government
Al1 Superintendents of Police, Resolution No. 1309, dated the
The Inspector-General of Police, 24th February, Igr3,

The Judicial Department of the Secretariat. Annex C. No.54

Record Ogice,Bombay

1913

POLITICAL DEPARTMENT
No. 1607

PORTUGUESE INDIA.

Regardzlzgthe crossiîzgotheBritish Frontierby Povtuguesetroopswithout
obtnining the pe~missionof the Bombay Governmentor the Higher British
Authorities

Bombay, 7th August, 19x3.
Consulado Gera1 de Portugal,
Na India Britanica.

Urgent.
To The Secretary to Government,
Political Department.
Bombay.

Sir,
1have the honour to inform you that to-day at 3 p,m, arrived from
Goa 75 Portuguese soldiers and 3 officersThey are leaving to-morrow
by one of the steamers of the Messagerie Maritimi for Modedo.
1 have the honour to be,

Sir,
Your most obedient servant,
Alfredo CISANOVA,
Cpnsul GeneraI for Portugal.

Submilted. No request has been made in the letter. A copy of the
Letter may be scnt 'to the Commr. of Police, for information and the
Consul's letter acknowledged. Ilrafts arput up with f.cof the endorse-
mcnt.
Iniliulle(iiiegibI.)

71s.

1 happened to see the Consul-Genl. today before seeing this letter,
&- he told me he was sorry he had forgotteto inform Govt. beforehand
about thisbringing of troops through British territory.
I think some apology should have been put in this letter, which the
Cons.-Gen. despatched beforehe had any idea he was going to have any
opportunity of explaining matter to me personally. ANKEXES TO PRELIMINARY OBJECTION (C SO. 54) 467

Will the office please note whether the Portuguese authorities have
been requested at any previous time to give us warning before bringing
Port. troops through our territory.
C.C.W.
818.

Resfiectfullyreszrbmitte.nder Art:.XVIII of the Treaty of Commerce
and Extradition between Great Brikiin and Portugal it is provided that
the armed forces of one of the two high contracting parties shall not enter
the Indian dominions of the' other, i:xcept for the purposes specified in

former or in that Treaty, or except in consequence of a forma1 request
made by the party desiring such entry to the other. In G.L. No. 7615,
d. the 8th Dec., 1890 the attention of the Secy. General to The Govt. of
Portuguese India was drawn to the fact that armed merl in the service of
Portuguese Govt. were in the habit of passing without forma1 request
through a portion of the British teil-itory on their way to Portuguese
India, violating thus the Provisions of ArticXVIII of the Treaty. The
Secretary General was at the same time requested to issue orders on the
subject. Attention is also invited toG.R. No. 3006, dated the gth May,
1892. In 1892 the concession could not be granted under the Treaty
because the Treaty had been abrogated.
W.R.
1518.
J.C.C.W.

1.518.

The Secretary General may be sent a copy of the Consul General's
letter, and be requested to bring it to the notice of His Excellency the
Governor General that the Portuguese force referred to therein arrived in
Bombay without any request havjrig been made to the Governor in
Council for permission for its entry into the Bombay Presidency ; that
the Governor-in Council is aware that this occurrence Ras not due to an
intentional breach of internationa1 c:ourtesy, but is yartly attributable
to an oversight on the part of the Portuguese Consul GeiieraI at Bombay,
who, it isunderstood, by mistake o~nitted to apply beforehand for the
permission of the Government of Bombay; but that the Governor in
Council would be greatly obliged if His Excellency the Governor Gerieral
could issue orders to secure thain future Portuguese troops do not cross
the frontier of the Bombay Presidency until permission for such an
entry isdefinitely known to have been received from the Goveniment of
Bombay or from higher British authority.
Sccy.,
C.C.W.

31.8.
1!9.
A draft letter is submitted for approval.
C.C.W.
15.9.
J,C.C.\V.

sis,(Belowcopy of a letter fromtheConsal-Generalfor Portugal ut Bombay. d.
the7th Augusf, 1913.)

No. 4717. P.D.

B.C., 8th August, 19x3.
Copy forwarded to the Commr. of Police, Bombay, for information.

W.R.
A. Sec. to Govt.

No. 5423. P.D.

B.C.,15th Sept., 1913.

To The Secy. General to the Govt. of The Portuguese India.

Sir,
Iam directed to forward herewith a copy of aIetter d. the 7th August,
1913, from the Consul-General for Portugal at Bombay, and to request
that you will bring to the notice of H.E. the G.G. that the Portuguese
force referred to therein arrived in Bombay without any request having
previously been made to the Governor in Council for permissioi~ for its
entry into the Bombay Presy. The G. inC. is aware that this occurrence
was not due to any intentional breach of international courtesy, but
is partly attributableto an oversight on the part of the Consul General
for Portugal at Bombay,. who it is understood, by mistakc omitted to
apply beforehand for the permission of the Govt. of Bombay. The
Governor in Council would, however, be greatly obliged if H.E. the G.G.
could issue orders to secure that in future Portuguese troops donot cross
the frontier of the Bombay Presy. until permission for such entry is
definitely known to have been received from the Govt. of Bombay or
from higher British authority.

1 have, etc.,
(Signed) Secy. to Govt. ANNEXES TO PRELIMINARY OBJECTION (C NO. 55)
469

Annex C. Nn. 55

Recnrd Office.Bombay

POLITICAL DEPARTMENT

No. 99 Pt. 1

PORTUGUESE INDIA

Request of the Co?zszsGenerulfor Portugal ifi Bombay forthe issue of
necessaryordcrsgivingfacilitietosuidi~usofPortugueseGovt.ari.ivi?tgin
theBritish tsrritorv en routDaman & Diu

Consulado Geral de Portuga
Na India Bri'tanica
ParticuIar.
Bombay,
12th January, 191b.
Dear Mr. Robertson,

To avoid any rernark from the Government of Bombay Presidency
1 am to inform you that a sergean5 corporals and8soldiers arrived here
yesterday from Darnaun on their way to Diu and they reported to me
today. As the required permission to pass through was not previously
asked for by the Government of Da~naun 1 have sent them back today
to Damaun in order to arrange to suLicitthabove permission,and when
this has been obtained to corne again to Bombay to proceed to their
destination.
Y ours Sincerely,

ConsuIado Geral de Portugal
Na India Britanica
Bombay,
12th February, 1916,
NO. 50
The Deputy Secretary to Government,
PoliticalDepartment,
Bombay.

Sir,

1 have the honour to inform you that 1amin receipt fromthe Gover-
nor ofDiu the following telegram:
"Portuguese Consul Bombay.-Proceeding Goa via Jafrabad
arriving Bombay steamer day 13th. Sunday 4 soldiersGuarda
Fiscal. Governor Diu". ANNEXES TO PRELIMINARY OBJECTION (C NO. 55)
470
having sent today only the following telegraphic reply:
"Governor Diu DeIwada.-Always when soldiers have to cross
British territorybeg communicate beforehand according to reso-
lution between Government Portuguese India and British to ask for
indispensable autorisation and aftebeing granted the soldiers can
proceed journey. Casanova."

Request you therefore to issuethe necessary orders that there maybe
no obstacle in landing as well in departure to Nova-Goa of the same
soldiers who are expected frorn Diu, for which 1 anticipate my best
thanks.
I have the honour to be.

Sir,
Your most obedient servant,
ALFREDO CASANOVA.

1916

POLITICAL DEPARTMENT

No. 99 Pt. II

PORTUGUESE INDIA

Request of 2heColzsul Generalfor Portugal at Bombay for the issue of
necessaryordeysgiving facilitietosoldiersofthePortugueseGovt.arrivin~
inthe British territoryenrouteto Daman G Diu
Coilsulado Gera1 de Portugal

Na India Britanica
Bombay,
6th May, 1916.
No. 136.
The Deputy Secretary to Government.
Political Department,
Bombay.

Sir,

1 have the honour to inform you that on or about the 11th instant
will.arrive here by train in order to proceed to Nagar-Aveli Major Jose
Augusto Faure da Rosa -4th his wife and seven children, and request you
to be so good as to instruct the competent Authorities to allow themto
pass through.
'Thanking you in anticipation,
1have thehonour to be,
Sir,
Your most obedient servant,
Antonio Pedro DE FERNANDES,

Chancellor,
for Consul General for Portugal. ANNEXES TO PRELIMINAXY OBJECTIOK (C NO. 56)
471
Bombay, 9th May, rg16,
Consulado Gera1 dePortugal,
Na India Britanica.

NO. 141.
The Deputy Secretary to Government,
Political Department,
Bombay.

Sir,

I have the honour to inform you that on or about the 17th instant
will arrive here from Nova-Goin order to proceed to Damaun a rnusician
named Joao Baptista Machado, and request you to be so good as to .
instmct the competent Authorides to aIlow him to land at and proceed
to hiç destination.
Thanking you in anticipation

1have the honour to be,
Sir,
Your most obedient servant,
Antonio Pedro RE FERNANDES,

Chancellor,
for Consul General for Portugal.

Annex C.No. 56

Record O@e, Bombay

AGREEMEN BTETWEEK THE GOVERNRIEN OT BOMBAY AND THE GOVERN-
MENT OF PORTUGUES NDIA KEGARI~INC THE ENTRY OF BRITISH POLICE
OFFICERS INTOPORTUGUES 'EERRITORY .4ND VICE VERSA.

1. Unarmed police of the one party in civil dress rnay enter the
temtory of the other party on dutyfter a previous notice and on report-
ing themselves to the local authority not infeinorank to the Head of
Circle (orub-Inspecter).
They rnay question any person~vho is willing to answer them and rnay
record any information which they niay obtain.
They rnay not search any person or houseordo any act not permitted
to private individuals.

II. Police officers of and above the rank of Head of Circle (Sub-
Inspector) and unarrned police of eitlier parnayenter in uniform the
territory of the other party on duty after a previous notice and on re-
porting themselves to the local authority not inferior in rank tothe Head
of Circle (or Sub-Iiispectoand they may then proceed tocarryout any
duties or investigatany offenceor search for any person, but they rnay
not meanwhile, when acting alone, do any act not permittedto private
individnals. They must be accompaniedby a police officer not infenin
rank to theHead of Circle (or Sub-lnspector) when they have to make a
search or effectn arrest or take any other action, for which a previous472 AXYEXES TO PRELIMI-IARY OBJECTION (C NO. 56)

application should be made to the authorities in accordance with the
law in force in the territory iwhich such action is taken.
III. Armed as well as unarmed police of one party in actual pursuit
of an offender may, if the offender crosses the frontier and enters the
territory of the other, continue the pursuit unintenuptein the territory
of the latter, and rnay arrest the offender if the pursuit has not been
interrupted. The person arrested must be immediately liandcd over to
the police of the territory intou-hich he has entered with a declaration
justifying his arrest. Whatever be the result of the pursuit, the police
officer must, as soon as the pursuit has ended, report himself to the

authorjty of the territory into which he haç entered andmust be accompa-
nied by a police officer of such territory unthis departure therefrom.
IlT. Subject to the provisions of ArticIII-
(A) Armed police belotv the rank of Head of Circle (or Sub-
Inspecter) and

(B) police officers of or above the ranlr of Head of Circle(or
Sub-Inspecter) escorting prisoners of either party, shall not enter
the territory of the other party without the latter's consent previ-
ously obtained.
(c) The police escortmay travel by rail from a station in British
India direct to the Mormugao harbour and thence by steamer to
a British port and vice versa, without previous consent, but with
previous intimation; but the escort shall not be permitted to go
beÿond the statio limits-~r proceedto the interiorof the province.
This intimation will be given by the District Superintendent
of Police through His Britannic Biajesty's Consul in Goa.

NOTE.-If the local authority is be1ow the rank of Head of Circle
(orSub-Inspector) the police officer must report himself tothe nearest
authority which has at ïeast this rank.
GEORGE LLOYD,
Governor of Bombay.
Bombay Castle,

31st August, 1920.
Jayme DE MORAES,
Governador Geral da India Portuguesa.

Govêrno Geral, em Nova Goa,
25 de Setembro de 1920. Ah-NEXES TO PRELINLNARY OBJECTIOK (C NO. 57)
473
Annex C. No.57

Record O@ce, Bombay

File No. 3798134

POLITICAL & SERVICES DEPARTMENT

Portugz~eseand Bomb~ry Govemmends' proposed /acilities jor transit of
Portuguese land British armed $olics forces whila crossing tlzeir respective
territoriebetweelzSilvassa and Dantaun, without firtwaoussanction

Service of the Republic.

GENERAL GOVERNhlENT OF THE STATE OF INDIA.
CABINET DEPARTMENT.

No. ~rz/G.
Case No. ;~/94o/I.

Issue No. 480.
Nova-Goa, 11th April, 1940.

The Chief Secretary to the GoGernrnent of Bombay,
Political and Services Depai-tment,
Bombay. .

Most Excellent Sir,

The Government of the district cifDamaun inforrned this General
Government that, on the morning of the 1st April, the officia1who com-
mands the Police division of Nagar-.4veli got at Silvassa into a bus in
which there also entered (lit. to0k.a placeGerman missionary who,
according to what he statedhad asked for the permission of the Govern-
ment of Bombay to go to that city to get himself treated.

2. While passing through the customs post of Lavacha in British
territory, the commandant of a 13ritishforce, consisting of three unarrned
military men and four armed men, directed the bus to stop and ordered
the arrest of the rnissionary referred to, al1 of them entering (lit. taking
a place in) the bus.

3. The official-commandant of the Police Division of Nagar-Aveli
drew the attention of the Commandant of the British force to the fact
that the bus had to cross the Portuguese village of Daclra and that the
usual permission to an armed British force crossing Portuguese territory
not having been asked for,he could not permit it. This (prott:st) was
imrnediately respected by the cornniandant of the British force, the
amed military men having got down and onlythe unarmed men having
continued with the missionary already referred to in custody. ANNEXES TO PRELIMINARY OBJECTION (C NO. 57)
474
4. This Government did not attach any great importance to the
incident in question, not onlybecause, in reality, the anned British force
did not succeed in crossing Portuguese territory (but also on account
of the) correct attitude of its commandant in having respected without

any resistance the observation which was made to him by the Portu-.
guese official.
5. The road ~vhich runs from Damaun to Silvassa passes severa1
times through British territory, and soit is inevitable that armed police
forces of the two Governments have to utilise frequently, while travelling
on it, portions which belong to the other Government, thus rendering
necessary the proper authorization which, altliough it has never been
refused,it will be difficult to obt(intime) in urgent cases withmanifest
detriment to the missions which they may have to fulfil, and thimay
give rise to incidents which are always disagreeable.

6.The Government of Portiiguese India thinks of the possibility of
coming to an understanding with the Government of Bombay, by which
on this road, and only on this road, owing to its special nature, armed
police forces of both the Governments may travel freely, independently
of an. .revious authorization.
7. His Excellency the Governor General, in whose name 1 make
this suggestion to you, directs me to request you to kindly transmit it to
the Government of Bombay, and in case of agreement therewith to.
kindly communicate the same to me for the information of this Govern-

merit and for the proper instructions being given to the authorities
concerned.
Please accept the asssurances ofmy regard.

(Si.nec.)Fernando PAES:
Captain,
for Chief of the Cabinet.

True Translation,
Louis G. PINTO,

PortugueseTranslator to Government.
Home Department.
18th April, 1940.

POLITICAL AND SERVICES DEPTT.

This is in connection with the question of transit of Portuguese and.
British Armed Police forces through the Damaun-Silvassa Road. It
may be stated that at present thereis a reciprocal arrangement between
this Govt. and the Port. India whereby armed police-men of both the.
Govt .are allowed to pass through the intervening Portuguese/British

territory when it is necessary for them to do so in journeying from one.
part of BritishjPortuguese India to another, provided that previous.
intimation of their intentionisgiven to the local authorities-vide G.R.,
P.D. No. 1309, dated the 24.2. 1913. By G.R., P.D. No. 4540, dated:
30-7-191 311D.S.Ps. were authorised to communicate direct with the ANNEXES TO PRELIMINARY OBJECTION (C NO. 57)
475
Chief Secy. to the Govt. of Port. India. (nowstyled "Chief of the Cabinet")
or the Local Portuguese authorities before sending armed parties of
Police through intervening Portupese territory.

z. The Govt. of Port. India bring to the notice of this Govt. an
instance in which recently certain Britisharmed miIitary (police?) men
accompanied by certain unarmed military (police?) men entered a bus
plying on the Damaun-Silvassa R0a.d for the purpose of effecting the
arrest ofa German missionary. Tt is stated that the official-commandant
of the Police Division ofNagar-AveIi drew the attention of the Comman-
dant of the British force to the fact that the bus had to cross the Port..
village of Dadra and that the usual permission to the armed British
Police force crossing Port. territory not having been asked for, hecould
not permit it. Tliis protest was immediately respected by the Cornman-
dant of the British force, the armed military (Police?) men having got
down and only unarmed men having continued with the missionary
aIready referred to, incustody.

3. The Govt. of Port. India state that the road which runs from
Damaun to Silvassa passes several tinies through British territory and so
is it inevitable that armed police forces of the two Govts. haveto utilise
frequently, ~vhih travelling on it,portions which belong to the other
Govt. thus rendering necessary the proper authorization which, although
ithas never been refused, it will be difficult to obtain (in time) in urgent
cases with maniiest detriment to the missions which they rnay have to
fulfil andthus may give rise to incidents which are always disagreeable.
The Govt. of Port. India tIiink of the possibility of coming to an under-
standing with the Govt. of Bombay by which on this road (Damaun-
Silvassa Road) and only on this road owing to its special nature, armed
police forces ofboth the Govts. may travel freeIy, independently of any
previous intimation. The Govt. of Port. India, therefore, desire to know
whether this Govt. would be prepased to agee to the above under-
standing.

4. In view of the reasons stated by the Govt. of Port. India, there
seems $rima fncie no objection to agree to the understanding wliich the A
Govt. of Port. India have proposed. However, the rcmarks of the
Commr., N.D. may be obtained on the proposal.

D.N.P.
26/4/40,
"-4" seems to cal1for further consideration. It would appear desirable
to have some sort of control or check over the movements of armed
police forces. G.R., P.D. No. 4540 of30. 7. 1913 is one way of securing
this. The question is not one of mere administrative detail. Ifa general
permission is to be given, it may have to be coupIed &th some re-
strictionse.g.as to number, purpose, etc.

C.S.
1have noted overIeaf

Intd. 30-4-40
I agree. Meantime Commissioner N.D. may be consulted.

H.T.S. 3014140.
But we have no information about the actual position and the con-
sequent necessity or desirability ofdevising somesafeguards, andcommr.
N.D.'s views may, therefore, be obtained as suggested, before the
proposa1 of the Portuguese Govt. isfurther considered.
(Sgd.1
2914,

(Belowtranslation in English of Eettefvom the GoverrzmentofPortuguese
India, No. rsz/G ,atedthe11th April, 1940. '1

No. 3798134-A
POLITICAL AND SERVICES DEPARTMENT

Bombay Castle.
1st May, 1940.

Iiorwarded with compliments to the Commissioner, Northern Di-
vision, for favour of remarks withreference to Government Resolution,
Political Department, No. 4540, dated the 30th July, 1913.

By order of the Governor of Bombay.
O.C.
For Chief Secretary to the Government of
Bombay, Political and Services Department.
D.N.P.
30/4/40.

No. M.S.C. (P.)-301 .

CAhmedabad,ahiNo.i4,

27th June, 1940.
From,
C. H. Bristow, Esquire, C.I.E., I.C.S.,
Commissioner, N.D.
To,
The Chief Secretary to Government,
Political and Services Department,
Bombay.
Subject: Reciprocal arrangements for the entry of British
Police Officers into Portuguese territory and vice
versa.

. Sir,

With reference to Government Endossement No. 37g8/34-A dated
I.5. 1940 1,have the honour to state after consulting the Collector and ANNEXES TO PRELIMINARY OBJECTION (C NO. 57)
477
District Magistrate, Surat, that th<: proposa1 of the Goverriment of
Portuguese India rnay be accepted.
1 have the honour to be,

Sir,
Your most obedient servant,
C. H. BRISTOW,
Commissioner, N.D.

POLITICAL AND SERVICES DEPARTMENT

Submitted with reference to Our endt. to the Commissioner, N.D.,
No. 3798134-A, dated the 1.5.4 0,d the notes underlying it.
2. The Commissioner, N.D., after consulting the Collector and District
Magistrate, Siirat, recommends that the proposa1 of the Govt. of Port.
India should be accepted.As observed by the Dy. Secy, in his note dated
the 29.4.40, it would appear desirable to have some sort of control or
check over the movements of armed police forces and it seems that if a
general permission is to be given it rnay have to be coupled with some
restrictions e.g.as to number, purpose etc. Perhaps, we may accept
the proposa1 ofthe Govt. of Port. India subject to the understanding that
the number of the armed police men of the Port. Govt./Br. Govt. allowed
to traverse through the British portion/Port. portion of the Damaun-
Silvassa Road should be restricted to theactual requirements in each case
and that intimation of the march of the armed police forces through the
territories of the Port Govt./Br. Gcivt. should be given to the local
authorities by the Br. Govt./Port. G.ovt. as soon as possible afterthe

march takes place. Before orders onJthese lines are issued, these sug-
gestions may be ylaced before the Govt. of the Portuguese Iiidia for
approval.
D.N.P.

3/7/40
This would not achieve the object.
Perhaps Commr. N.D. may see these papers for further remarks, if
any, before a decision is reached.
(Signedl

417-
C.S. Yes. 1 sgree. 1share the distnist ofD.S. that without check and
control of afairly easily cxercisabltype, the procedure is fraught with
danger. Commissioner N.D. should set: for remarks on this aspect of the
matter.
H.T.S.

5/7/40.
ref. to the Commr., N.D. d. the 5/7/40.(BeEowUnoficial Referencefrom Gove~nmentinMePditical andSemices
Department, diztzd5thJdy, 1940)

Keturned unofficially to Government.

2. Itmay be mentioned that the only territory helby the Portuguese
in thispart of the Province is the area round Damaun on the coast (a few
square miles), another little bit further east anda fairly large bit still
further east on the borders of Dharampur State, Nasik District and
Dahanu and Vada Talukas of Thana District. These three pieces of
territory are connected by a road which passes through a large stretch
of intervening British territory, including theom of Vapi.
If Government consider that the proposa1 cannot be accepted as it
stands it may be laid down that the armed police forces travelling on the
road should never exceed ten men at a time and that in such cases the
previous notice prescribed in Government Resolution No. 4540. dated
30.7.191 b3,replaced by post intimation to be given within 24 hours of
passage.
C. H. BRISTOW,
Comrnissioner, N.D.

Unofficial Reference No. M.S.C. (P)-301, dated 10th July, 1940, to
Government in the Political and Services Department.

P. & S. D.

Submitted with refce. to the officenoted. the 3.7.4 he, Dy. Secy's.
note d. the 4.7.40and the Ch, Secy.'s note d. the5.7.40.
2. The Comr., N.D., suggests that if the proposa1 of the Govt. of
Port. India cannot be accepted by this Govt. as itstands, it may be laid
down that the armed police forces travelling on the road should never
exceed ten men at a time and that in such cases the previous notice
prescribed in G.R., P.D. No. 4540 d,. the30.7.19 shd. be replaced by
post intimation to be given within 24 hours of passage.

3.For orders.
D.N.P.

16/7/40.
This may be agreed to (assuming "Police" does not include the
"Military" and "armed" does not include "ammunitioq"). The intention
appears to be (not to change the character of the existiiig arrange-
ment but) to change the existing practice as regards the givingf notice.

(Signed)
17/7.

C. S.
1 agree that the restrictions proposed ought to be sufficient for al1
ordinary purposes, namely the armed police should not exceed ten in
number and that intimation of their passage through British territory is
given by post within 24 hours. I do not understand the D.S.'sremark
that "armed" does not include "ammunition". This is a restriction
which could not be enforced. Clearly armed police must be allowed to ANXEXES TO PRELIhIISARY OBJECTION (C NO. 57)
479
carry sufficient ammunition with them for carrying out their ordinary
duties. I suggest that if numbers exceeding ten are needed for any purpose
the Portuguese Government shoulti follow the previous practice and
obtain concurrence by prior notice tothe British authonties.

No. 3798134-8

POLITICAL AND SERVICES DEPARTMENT
Bombay Castle.

30th July, 1940.
Frorn :
Dr. H. T. Sorley,C.I.E.,
Chief Secretary to the Government of Bombay,
PoliticaI and Services Department.

To :
The Chief of the Cabinet,
Government of Portuguese India,
Nova Goa.

Subject: Reciprocal arrangements for the transit of Portuguese
and British Armed Police forces over the Damaun-Silvassa
Road.

Sir,
1am directed ta refer to your letterNo. IZZIG, dated the 11th April,
~940 ,n the above subject,and to statethat, in the circumstances stated,
the Government of Bombay is prepared to enter into reciprocal arrange-
ments with the Government of Portliguese India in the matter, subject
to the understanding that the armed police traveIIing across intervening
British territoron the road in question should not exceed tenin number
at one time and tliat intimation of their passage through British terri-
toryis given by post to.the local authorities within 24hours of the passage.

If any number exceeding ten at a tiine are required so to travel at any
time the existing practice should bi: followed and concurrence of the
British authorities should be obtainecly prior noticeasheretofare. 1 am
to request that you will be so good as to inform the Government of
Bombay whether the Government of Portuguese India are agreeable
to the above proposal. On receipt of their agreement, necessary in-
structions will be issued to the officf:rsconcemed.
1 have the honour to be,
Sir, Your most obedient servant,
O.C.

for(H. T. SorIey),
Chief Secretary to the Government of
Bombay, Political and Services Department. Service of the Republic

GENERAL GOVERNhlENT OF THE STATE OF INDIA
CABINET DEPARTMENT
NO. 232/G.

Case No. 71940121.
Issue No. 904.
Nova Goa,
5th August, rg40.

The Chief Secretary to the Government of Bombay,
Politicaland Services Department,
Bombay.

Most Excellent Sir,

His Exceliency the Governor General directs me to inform you, in
reply to letter No. 3798134-Aof the goth of thelast month, that the
suggestion of the Government of Bombay deserves his concurrence.
In this sense, the required instructions are going be given to the
competent authorities.
Pleaçeaccept the assurances of my high regard.

(Signed) A. DELDUQUE DA COSTA,
Major,
Chief of the Cabinet.

Tpe Translation.

Louis G. PINTO,
Portuguese TransIator to Government.
Home Department,
12th August, 1940.

POLITICAL AND SERVICES DEPARTMENT

Submitted with reference to our letter to the Govt. of Port. India
No. 37-98134-Ad,ated the 30.7.40and the notes underlying it.
z. The Govt. of the Port. India have accepted the proposa1 made in
our letterNo. 3738134-A, dated the 3~7.4 0nd intimate that they are
going to issuethe necessary instructions to their officers.
3. The accompanying G.R. may issue.Reciprocal awangeme.letsfor the tra.nsit of a~med police forces over the

Damaun-SiEvassa Road

GOVERNMENI' OF BOMBAY
POLITICAL AND SERVICES DEPARTMENT

Resolution No. 3798134.
Bombay Castle, 27th August, 1940.

Read Government ~esolution, Political Department, No. 4540, dated
the 30th July, 1913.
Translation of a Ietter from the Government of Portuguese India,
No. 12z/G dated the 11th April, 1940:-

"The Government of the district of Damaun informed this
General Government that, on the morning of tlie 1st April, the
officia1 who commands the Police division of Nagar-Aveli got at
Silvassa into a bus in which tliere also entered (lit. tooa place)
a German missionary who, according to what he stated, had asked
for the permission of the Govcrnment of Bombay to go to that
city to get himself treated.
2. While passing through the customs post of Lavacha in British
territory,the commandant of a British force, consisting of three
unarmed military men and four armed men, directed the bus to
stop and ordered the arrest of the missionary rcferred to, al1 of
them entering (lit. taking a place in) the bus.

3. The official-commandant of the Police Division of Nagar-
Aveli drew the attention of the Commandant of the British force
to the fact that the bus had to cross the Portuguese village of
Dadra and that the usual permission to an armed British force
crossing Portuguese territory not having been asked for, he could
not permit it. This (protest) was irnmediateIy respected by the
commandant of the British force, the armed military men having
got down and only the unarmed men having contlnued with the
missionary already referred to in custody.
4. This Government did noi attach any great importance to
the incident in question, not only because, in reality, the armed
British force djd not succeed in crossjngPortuguese territory (but
also on account of the) correct attitude of its commandant in having

respected without any resistance the observation which was made
to him by the Portuguese official.
5.The road which runs from Damaun to Silvassa passes several
times through British territory, andso it is inevitable that armed
police forces of the two Governments have to utilise frequently,
while travelling on it,portions which belong to the other Govern-
ment, thus rendering necessaqr the proper authorizatiori which,
although ithas never been refused, it will be difficult to obtain
(in time) in urgent cases with rnanifest detriment to the missions
which they may have to fulfil and this may give rise to incidents
which are always disagreeable. 6.The Government of Portuguese India thinks of the possibility

of coming to an understanding with the Government of Bombay,
by which on this road, and only on this road, owing to its special
nature, armed police forces of both the Governments may travel
freeIy, independently of any previous authonzation.
7,His Excellency the Governor General, in whose name 1
make this suggestion to you, directs me to request you to kindly
transmit it tothe Government of Bombay, and in case of agreement
therewith to kindly communicate the same to me for the information
of this Government and for the proper instructions being given to
the authorities concerned.
Please accept the assurances ofmy regard."

Letter to the Government of Portuguese India, No. 3798134-A, dated
the 30th July, 1940:-

"1 am directed to refer to your letter No. ~~ZIG, dated the
11th ApriI, 1940, on the above subject, and to state that, in the
circumstances stated, the Government of Bombay is prepared to
enter into reciprocal arrangements with the Government of Portu-
guese India in the matter, subject to the understanding that
the anned police travelling acroçs intervening Britisterritory on
the road in question should not exceed ten in number at one time
and that intimation of their passage through British territory is
given by post to the local authorities within 24 hours of the passage.
If any number exceeding ten at a time are required so to travel at
any time the existing practice should be followed and concurrence
of the British authorities should be obtained by prior notice as
heretofore. 1 am to request that you wili be so good as to inform
the Government of Bombay whether the Government of Portugueçe
India are agreeable to the above proposal. On receipt of their
agreement, necessary instructions will be issued to the officers
concemed. "

Translation of a letter from the Government of Portuguese India,
No. 232/G, dated the 5th August, 1940:-
"His Excellency the Govemor General directs me to inform
you, in reply to letter No. 3798134-Aof the 30th of the last rnonth
that the suggestion of the Government of Bombay deserves this

concurrence.
In this sense, the required instructions are going to be given
to the competent authorities.
Please accept the assurances of my high regard."
RESOLUTION.-Theforegoing correspondence should be communicated
to the undermentioned officers for information and guidance.

By order ofthe Governor of Bombay,
(Sigqzed)

24/S/40.
For (H. T. SORLEY)
Chief Secretary to the Government of Bombay,
Political and Services Department.To

The Comrnissioner, Northern Division,
The Inspector General of Police, F'rovinceof Bombay,
The District Magistrate, Surat,
The District Superintendent of Police. Surat.
The Home Department, '
The Revenue Department. Annex C. No. 58

RecordOfice,Bombay
BOMBAY GOVERNRlENT

POLITICAL AND SERVICES DEPARTMENT
(File No. 3994-1)

1940.
Consulate General of Portugal, Bombay,

Bombay. 17th October, 1941.
No. 614
Proc.13-Dj41.

The Chief Secretary to the Government of Bombay,
Politicalnd Services nepartment,
Bombay.

Sir,
I have the honour to inform you that, according to the orders issued
by the Government of Portuguese India, the Revenue Office at Nagar-
AveIy has to transfer to the Revenue Office at Damâo the moneys
exceedingup to certain sum and that this transfer will be often effected
by the respectivShroff accompanied by armed soldiers.
Under the circumstances mentioned above, 1 am desired by the
Government of Dam50 to request you to be so good as to issue the
necessary instructions to the competent Authorities to allow free transit
to the armed soldiers who will accompany the abovementioned Shroff,
from Nagar-Aveli to Damgo and vice-versa, whenever he carries the
funds for the proposed transfer.
1 have the honour to be,

Sir, Your most obedient servant,
(Signed)
Vice-Consul for Portugal, In Charge
of the Consulate of Portugal

No. 3994-A
POLITICAL AND SERVICES DEPARTMENT

Bombay Castle,
I th November, 1941.
To :
The Vice-Consul for Portugal in charge of the
ConsulateGeneral for Portugal at Bombay.

Subject: Permission for the free transit of armedoldiers accom-
panying the Shroff from Nagar-Aveli to Damao when
money is transferred.
Sir,
An interim In continuation of my letter No. 3994-A, dated the 2211dOctober,
ment.wledg- 1941,onthe above subject1 am directed to invite attention to the Agree-ment of 1920 between the Govt. of Bombay and the Govt. of Portu-
guese India regarding the entry of Br. Police Officers into Portuguese

territory and vice versa, and to state that the Govt. of Bombay does not
anticipate any dificulty in issuing necessary orders each time armed
soldiers from Portuguese India have to enter Brit. tenitol for the
purpose mentioned in your letter arid that, therefore, it suggests that,
unless there are any reasons which. require a change in the existing
practice it should be continued.
1 have etc.,
(Signed)
For Chiet Secy. to the Govt. of Bombay
Poll.and Service Ueptt.

Consulado Gera1 de Portugal,
Bombain. Bombay,
goth December, 1947.

The Chief Secretary to the Government of Bombay,
Political and Services Department,

Bombay.
NO. 1444.
Proc. r3-D/a/47.

Sir, 1 have the honour to inform you that the Government of the
District of Diu have asked me to apply to the Government of Bombay
for two permanent permits, one allowing the Shroff of theRevenue
Department ofNagar-Avely to he accompanied, whenever he goes to
Damgo for transfemng money, by armed soldiers on account of the
safety of the funds, and the other allowing the shroff of the'Revenue
Departments of Dam20 to be accompanied by armed soldiers whenever
he cornes from Dam30 to Bombay with money to be deposited with the
Banco Nacional Ultramarino, the said soldiers being authorised to make
use of the firearms in case oany surprise attempt when they cross the
Indian territory.
1 beg to request you therefore to be so good as to move the Govern-
ment for granting the abovementioned permits.

Y our obedient servant,
(Signed)

Consul for Portugal. NO.3994!23S-A-I
POLITICAL AND SERVICES DEPARTMENT

Bombay Castle,

zgrd Feb., 1948.

The Consul for Portugal at Bombay.

Subject: TIYOpermanent permits for personnel in charge of
transfer and deposit of Portuguese Government funds.
Sir,

4n interim In continuation of this Government letter No. 39941238-A-1, dated
icknowledg- the 7th January, 1948, on the above subject, I am directecl to invite
nent. your attention to the correspondence ending with this Government
letter No. 3gg~l-A~ dated the 11th November, 1941, to the then Vice-
Consul for Portugal in charge of the Consulate General for Portugal at
Bombay and to Say that for the reasons already stated in that letter the
Government of Bombay considers the procedure hitherto followed should
continue, unless there are any special reasonswliich require a change in
the existing practice.
Your obedient servant,
(Signed)
For Chief Secretary.

No. z768/46-A

POLITICAL AND SERVICES DEPARTMENT

Bombay Castle.
28th October, 1952.
From

Shri M. D. Bhansali, I.C.S.,
Chief Secretary to the Government of Bombay,
Political and Services Department.
To

The Consul General for Portugal at Bombay,
Bombay.
Subject:-Escort of carriage of consignments of Indian currency
from and to Goa.

Sir,

1 am directed to statethat the Government of India have laid down ,
a revised procedure in regard to the provision of escorts for the carriage
of consignments of Indian currency from and to Goa, and to request
you to be so good as to ensure that the following procedure is observed
while making requests for the provision of escorts, in future:- ANNEXES TO PRELII\IISAR.Y OBJECTION (C no. 59)
487
(1)To enable the Indian Government to make proper arrange-
ments for escort in each case the contents of each consignment
should be specified when malring the request for escort;
(2) The Consul General for India at Goa sIiould be informed by

you of requests for provision of escort, in eachcase,at the same
time when you make a request to this Government.
(3) To enable this Government to make arrangements fol escort
up to and at the Indian frontier, a clear week's notice should be
given.

It is hoped thatit wiIl not be inconvenient for you to adopt the above
procedure.
Y ours faithfully,
(Signsd) M. D. BHANSAL~,
Chief Secretary to the Government of Bombay,

Potitica.1and Services Department.

Annex C. No. 59

THE INDIAN AItMSACT, 1878

Act No. XI of 1878.

(Passed by the Governor Geileral ofIndia in Council.)
(Received the assent ofthe Governor General on the 15th March, 1878.)

An Act to consolidate and amend the law relating to Arms, Ammu- Preamble.
nition and Military Stores.

WHEREA St is expedient to consolidate and amend the law relating
to arms, ammunition and military stores; It is hereby enacted as
follows:-

I.This Act may be called "The Indian Arms Act, 1878"; and it Locat extent.
extends to the whole of BritishIndia.

6. No person shall bring or take by sea or by land into or out ofz:;m&n
British India any arms, ammunition or military stores except under a andeportaLion
license and in the manner and to the extent permitted by such licenseprohlbited.
Nothing in the first clause of this section extends ta arms (other tImportation and
cannon) or ammunition imported or exported in reasonabk quarttities g"F.$n O'
for his own private use by any pers011lawfully entitled to possess sucammunittouse.
arms or ammunition; but the Collecter ofCustoms or any other office'Or
empowered by the Local Government in this behalf by name or iiivirtue
of his office may at any time detain such arms or ammunition iintil he
receives the orders of the Local Goveriiment thereon.' Explanation-Arms, ammunition and military stores takeii from one
part of British India to another by sea or across intervening territory
not being part of British india, are taken out of and brought into
British India within the meaning of this section.

onvarms. &cies 8. In lieu of the duties imposed by the Indian Tariff'Act, 1875 u,pon
irnuorted bu the articles mentioned in the second schedule hereto annexed when
imported by sea, there shall be levied and collected, in every part of
British India, upon the same articles the duties specified in the same
schedule :
Provided that no duty in excess of ten per cent. ad valorem shall be
levied iipon any of the said articles imported in reasonable quantity for
his own private use by any person lawfullyentitled to possess the çame:
Provided also that when anv articles which have been otherwise
imported and upon which diity has been levied or is leviable under this
section are purchased retail from the importer by a person lawfully

entitled as aforesaid, in reasonable quantity for his awn private use,
the importer may apyly to the Customs Collecter for a refund or remis-
sion (as the case mav be) of so much of the dutv thereon as is in excess
of te; per cent. ad va~oiern; and if such collecior iç satisfied as to the
identity of the articles, and that such importer is in other respects
entitled to such refimd or remission, he shall grant the same accordingly.
imposetduty g. The Governor General in Council may, from time to time, by
on im~ort by notification in the Gazette of India, direct that duties not exceeding
land. those specified in the second schedule thereto annexed shall be levied
upon any articles mentioned in that schedule and brought by land into
any part of British India, and may in like rnanner cancel any such
notification.
Power to
prohibit ro. The Governor General in Council may, from time to time, by
transport. notification in the Gazette of India-
(A) regulate or prohibit the transport of any description of arms,
ammunition or military stores'over the whole of British India or
any part thereof, either altogether or except under a license and
to theextent and in the manner permitted by such license, and

ofaarms.iment (B) cancel any such notification.
Exp1anation.-Armç, ammunition or military stores traiishipped at
a port in British India are transported within the meaning of this
section.

Annex C. No. 60

Gazette O!india Part 1,8 Ilfarch,1879
GOVERNMENT OF INDIA

??OTIFICATIONS.-PUBLIC
Fort William, the 6th March, 1879.

No. 518.-In continuation of Notification No. 9, dated 2nd January,
1879 ,he following revised edition of the notification and rules made by the Governor General in Council under "The Indian Arms Act, 1878,"
is published. The revised rules will take effect from the date of publi-
cation. The forrns cited in these rules ;ire precisely the same as those pre-
viously published :
I. The Governor General in Cou~icil is pleased, under Section 27,
to exempt from the operations of al1 prohibitions and directions con-
tained in Sections13, 14,15 and 16 of "The Indian Arms Act, 1878,"
other than those referring to cannon, articles desigried for torpedo
service, war-rockets, and machinery for the manufacture of arms and
ammunition, the undermentioned persons, namely-

(1) aLl Maharajahs, Rajahs, Nawabs, Members of any Order
of Knighthood; al1persons beariiig a title conferred by the Govern- .
ment of India; al1 persons who have been granted a s~vord in
public Durbar; al1 persons who have received certificates on the
1st January, 1877; al1 persons who are exempted from persona1
attendance at civil courts;
(2) al1Members or ex-Members of the Council of the Governor
General, or of the Governors of Madras of Bombay, or of the Council
of the Lieutenant-Governor ofBengaI;
(3) al1~nilitary and naval officers, al1soldiers, sailors, volunteers,
police officers, foreçt officers, postal officers, jail officers, serving the
Government ;
(4) allMagistrates,Justicesof the Peace, Honorary Magistrates,
and judicialofficers of or above the rank of Munsif;
(5)al1 European and East [ndian subjects of Her Majesty
the Queen-Empress; al1Armenians; and al1 Americans and Euro-
peans not British-bom subjects of'Her Majesty who are temporarily
residing or travelling in India;
(6)al1 Consuls, Consular Ag- .s, al1 duly accredited Vakeels
or Agents of ~ative States:
(7)al1Ruling Chiefs on the occasions of their entering or residing
in,British India, with their retinues, to such numbers as may in
each case be settled by the political officer under the orders of the
foreign Department or of the Madras and Bombay Governments
in respect to Chiefs whose political relations are witii those Govern-
ments respectively; and al1offici;tls of such Chiefs passing through
BritishIndia on duty;
(8)al1 pensioned officers of the Native Army, and pensioned
officers of the civil dcpartmerits who, when employed, were
exempt; etc.,

Annex C. No. 61
Bombay Political, 12.V,olume 132

GOVERNMENT OF INDIA

FOREIGN DEPARTMENT
POLITI(:AL
Simla, the agrdApriI, 1880.
Notification.

No. 403.-With reference to the Notification of the Home Departmen2; Eh,
marginally noted, the following rule, which has been added by the 1879. ~222 dated Governor-General in Coiincil as rule 7.4 to the mles frarned under the
1t8h80. "Indians Arms Act, 1878", içpublished for general information.

7~. Nothing in rules 5, 6 or 7 shall be deerned to authorize the grant
of licenses
(A) ta import any arms, ammunition or military stores from
Portuguese India

(B) to export to Portuguese India by sea, river, or land, any
arrns, ammunition or military stores, except the same be exported
for the exclusive use of the Government of Portuguese India,
or are covered by a special license for import into Portuguese India
signed by the Secretary General to the Government of Portuguese
India.
(Signed) Illegible.
Secy. to the Govt. of India.

Bombay GovernmentGazette,Part 1, dated18th ApriE,1889

GOVERNMENT OF INDIA

No. 2949.-The following Notification by the Government of India
is republished :-
"Department of Finance and Commerce.

STATISTICS AND COMMERCE.

Simla, the 12th April, 1889.

No. 1864.-In Exercise of the powers conferred by section 23 of the
Sea Customs Act, VI11 of 1878, and in supersession of Finance and
Commerce Department Notifications1 Nos. 1503, zg6S, 17s and 30s
dated 6th June, 1884, 20th November, 1885, a~st January, 1886, and
26th January, 1887, respectiveiy, the Governor-General in Council is
pleased to exempt from customs-duty the undermentioned articles
imported into British India:

(1) Arms which, having paid duty at Aden on import into that
Settlement, are subsequently within three years imported into any
customs port of British India.
(2) Bows and arrows.
(3) Bullets, bird-shots, gunwads, and wire cartridges.

(4) Bullet-moulds .
(5) Morris's tubes and patent ammunition when imported .by
officers commanding British and native regiments or volunteer
corps, for the instruction of their men.

l Republished respectivelyat page 435 of Part I of the Bombay Government
Gazette ofthe 12th June, 1884, page 1347of Part 1 ofthe Bombay Government
Gazette ofthe 26th Novembcr, 1885. page 80of Part 1of the Bombay Government
Gazette of the 28th January,1886. and page 85 of Part1 of the Bombay Govern-
ment Gazette of the 3rd February,1887. 6. Ornamental arms possessing antiquarian value, provided the
chief customs authority is satisfied in each case that the aarepracti-
cally unserviceable, and that weapons intended for offensiveor defcnsive
purposes are not imported under cover of the exemption.
6. A sword, a revolver, or a-pair of pistoIs when accompanying a
military officeros commissioned offces of a volunteer corps, or certified
by the commandant of the corps to be imported by the officer for the
purposes of his equipment.
8. Swords imported for presentation as army or volunteer prizes.

(Signed) E. J. SINKINSON,
Offg.Secretary to the Government of India."

By order of His ExceUency the Riglit
Honourable the Governor in Council,
J. NUGENT,
ChiefSecretary to Government.

Annex C. No. 62

The Gazetteof India, Marck 23,1895, (page 170)

GOVERNMENT OF INDIA

Calcutta, the zznd Narch, 1895,

No. 459-In exercise of the powers 'conferredby sections17 and 27
of the Indian Act (XI of 1878), the Governor General in Council
is pleased to direct that the following further amendments çhbelmade
in the Notification of the Government of Indiin the Home Department
No. 518dated the 6th hlarch, 1879 as already amended by the Notifi-
cations hereinafter mentioned:

Clnuses O# Notification No. 518 A mending Amendmejtts
dated the 6th Mnrck, 1879 Notifications now directed

Paragraph VI, No. 865 dated Omit clause (6)
Rule 7~ '8th June, 1882 Annex C. No. 63

Recovd OÆce, Bombay

1898
POLITICAL DEPARTMENT

ARMS AND AMMUNITION

DAMAUN
Transzt of certain Arms and Ammunition and Military Stores from
Damaun toNagar AweZy

Translation.
Nova Goa

3rd Novernber, 1898.

To His Excellency Lord Sandhurst, Governor of the Presidency of
Bombay.

Most Illustriousnd Excellent Sir,
It being necessary to carry from Damaun to Nagar Avely, crossing
the British Territory,54 rifles, Snider (complete54 bandoleers and
3 kegs containing2,340loaded cartridgesintended for the Police Force of
that districtIhave the honour to request Your Excellency tobe pleased
to direct that no objection may offerbythe British Police in the transit

of the &me articles.
Accept Most Illustrious Excellent Sir the assurances of the highest
consideration with which 1have the honour tobe
Your Excellency's
Most Obedient Servant
(Si~ned) J. MACHADO,

Governor-General.

6407. POL,

Letterfrom the Govr.-Genl. ofPorbugueseIndia, No. 125, datedthe 3rd
Novr., 1898.

Requesting that the necessary instructions may be issiledin view
ta no objection being raised to the transit from Daman to Nagar Avely
of certain Arms& Ammunition that are required for the usofthe Police
Force of Nagar Avely. ORDERS.
Submitted.
S.A.P.

g.II. 98.
Ordinarily this case would be dealt with under mle 6c of the Arms
Rules.
Ifit is decided to treat this request speciaalcopy of the Ietter from
the Govr. Genl., Portuguese India, niay be forwarded to the Cornmsr..
N.D., with a request that he will talre the necessary steps to see that
no obstacles are placed in the way of the transit of the arms, Ammu-
nition, &c.from Daman to Nagar Avely.

G.A.M.
9.II. --

Submitted through A branch in case there may be any precedents
in that branch.

A.W.,
9.Ir.

Submitted. Please see G.R. No. 1251 of 21. 2.93 when Govt-were
pleased to aliowrice, theproduce of Nagar Haveli, topass thro'theinter-
vening British Districten route toDaman, duty free.
This is hardly a case in point but is quoted merely to shew that
British District & portions of N. States have to be traversed when
proceeding from Daman to Nagaar Haveli.
J.H.S.,

9/11.
1 think that we aIlow officers totake arms thro to Damaun & this
request should 1think certainly be granted &instructions issued to the
Dist. Officers accordingly.
S.W.E.,
12.11.
H.E. the G. 1 concur. (Initialled).

(Below co$y o/ transEalionof the Zette/rom the Portugaese Govt.under
Reg?.6407)
No. 6701 of1898.
Poli. Dept.
B.C. 28th Novr. 98.

Copy forwarded to the Commsr., N.D., with a request that lie wiIl
issue the necessary instructions to the Bistr. Officersconcerned to permit
the arms, ammn., &c., referred to in the letter from the Govr. Genl. of
Portuguese India being conveyed from Daman to Nagar Aveli.
O.C. S.W.E., zo111.
G.A.M., 16/11. Secy. ta Govt.

33 No. 6702,dnted 28Novr. 1898

Political Department.
To

H.E. Col. Joaquim José Machado,
Govr. Eenl. of Portuguese India.

Most Illustrious and Excellent Sir,
1 have the honour to acknowledge the receipt of your Excellency's
Letter No. 125,dated the 3rd instant requesting that no obstacmay be
placed in the way of the transit of certain arms, ammunition and military
stores from Daman to Nagar Aveli & in reply 1 beg to inform Your
Excellency that the necessary instructions have been issued to the
District Officers concerneto ensure cornpliance with Yr. E'.s request.

G.A.M.
16/11.

O.C.

Translation.
To
His Excellency Lord Sandhurst
Governor of the Precidency of Bombay.

Nova Goa, 2nd December 1898.

Most Illustriouand ExcellentSir,
1have the honour to acknowledge the receipt of your Excellency's
lctter No.6702 dated the 28th ultimo, and to thank Your Excellency for

the readiness and goodwill with which Your Excellency was pleased to
comply with the request contained in my letter No.125 dated the 3rd of
the same month.
Accept Most Illustrious and Excellent Sir, the assurailces of the
highest consideration with which
1 have the honour to be
Your Excellency's

Most obedient servant,
(Signedj 5. MACH.~DO,
Governor-General. 6935. POL.

Letter frowtthe Govr. Gewl.of PorizcgueseIxdia, No. r40, duted the
2nd Decemher,1898.

Acknowledging the receipt of this Deptt. letter No. 6702 of the
28th ultimo. Thanking His Excellency the Govr. for the readiness and

good will with which the request ctintained in his No. 125 of the 3rd
idem, was comylied with.

Submitted. Pkase see yapers underRegn. No. 6407.
The papers may be filed.
. .
S.A.P.,
IO. 12.98.
A.W., S.W.E.,
12. 12. 13.12. ANNEXES TO PRELIMINARY OBJECTION (C NO.64)
496

Annex C. No. 54

Record O&e, Bombay

1915
POLITICAL DEPARTMENT .

No. 569

PORTUGUESE INDIA

Salzctionof the Govt.ofIndia tutheim$o~tationintoB~itishIndia of certain
arms and ammunition on behalfof the Govt.of PortugzreseIndia from
Damaun & Nagay Avely

Consulado Geral De Portugal.
Na India Britanica. Bombay,
zrst Decembcr, 1914.
The Secretary to Government,
Political Department,
Bombay.

Sir,
1 beg to request you tbe so good as to get the necessary permission
for freepassage through the British territory of 54Snider rifles and 3,000
cartridges of metalcaps and 153 cartridges of6m. 5 bore Manulicher ,
which are despatched by the military headquarters of Nova-Goa to
Nagar-Avely, and also of 54 pns and 2,603 cartridges14 mm./73bore
which will be sentback from Nagar Avely to Nova-Goa.

Thanking in anticipation,
Ihave the honour to be,

Sir,
Your most obedient servant,
Alfredo CASANOVA.

POL. DEPARTMENT

ClassA. Reg. No. 11228.

Letterfrom theConszd-General/or Portugalat Bombay,
daledzIst December,1914.

Requesting that Govt. may grant the necessary license for the fret:
passage through British territory of certain arms and ammunition
despatched from Nova-Goa to Nagar-Avely and others from Nagar-
Avely to Nova-Goa. Submitted. The usual acknowIedgnient may be made to the Portuguese
Consul-General.

Draft letter put up with f.c.
H.R.
22. 12.14.

C.D.
22. 12.

PoIitical Department.
B.C.

zznd December, 1914.
To
The Consul Genl. for Portugal in
British India at Bombay.

Sir,

1 am directed to acknowledge the receipt of your letter diited the
z~st Decr., 1914, in which you request that permission may be granted
for the free transportation of certain arms and ammunition through
Rritish India from Nova Goa toNagar Avely and from Nagar Avely to
Nova Goa.
2.In reply I am to inform you that your letter will be laid before
Govt. for consideration.

1 have etc.,
A.N.
22. 12.
For Secretary to Govt.

Submifted. The transport of the arms and ammunition through
British India proposed by the Govt. of Goa, amounts to an import into,
and export from, British India. The importation of armsand ammuni-
tion into British India from Portuguese India, is prohibited under
Rule 7 of the Indian Arms Rules of rgog. The Govt. of Bombay can
grant a licence for the export of the arms and ammunition from British
India. The restrictions imposed, owing to the war, on the export of
arms and ammunition frorn British India do not apply to goods required
for use in Portuguese Irtdia, vide Statement B accompanying R.D.
Reso. No. 11530 ,ated 24th Novr., 1914.

z. The Govt. of India rnay perhaps beasked to sanction the importa-
tion of the arms and ammunition into BritishIndia, but, before doing so,
the Consul Genl. for Portugal in British lndia may be asked to specify
more clearly what is meant by "carti-idgesof metal caps".(Initialled)

1 think he means merely metal-cased cartridgeç, as distinct from
cardboard-cased cartridges, such as are used for shot-guns. Please draft.

A.R.

Conçuldo Gera1 de Portugal.

Na India Britanica.
Bombay,
30th December, 1914.
The Secretary to Government,
Political Department,
Bombay.

Sir,

In continuation to my letter ofarst inst. re the free passage through
the British territory of cartridges and rifle1beg to inform you that the
permission in question is required only to take the armaments through
the British territory between Daman Nagar-Avely. May 1 kindly request
you to be so good as togive me an urgent reply.
Thanking in anticipation,

I have the honour to be,
' Sir,
Your most obedient servant,
Alfredo CASANOVA.

POLITICAL DEPARTMENT

Reg. No. 11331.

Letterfrom the ColzsulGeneral for Portugal adBonzbay, dated 30. 12,1914.

Stating in continuation of his letter dated the z~st inst. regarding
freepassage through the Br. territory of cartridges & rifles, that the
permission is required totake the armaments through the Br, Territory
between Daman Nagar-Avely & calling for an urgent reply.

Submitteé. Draft letter & f.c. are put up in accordance witlithe U.S.
Note of 23/12 ante.
Cmd.
31. 12. ANNEXES TO PRELIMINARY OBJECTION (C NO. 64) 499

No. 7489.
To 31st Decr.,1914.
The PoliticaI Secretary
to theG. of 1.
Foreign & PoliticaI Dept.

Sir,

I am directed to state that the Consul Generd for Portugal in British
India at Bombay has askedfor the free passage through British territory
of the arms & ammunition specified below.
54 Snider Rifles and 3,000 Cartridges of metal caps an150 Cartndges
6m. 5 bore hfanulicher despatched from the military headquarters at
Nova-Goa to Nagar-Avely.
54 Guns & 2,603 Cartridges 14 nim./73 bore to be sent back from
Nagar-Avely to Nova-Goa.

2. As the importation of arms & ammunition from Portuguese India
is prohibited under Rule 7 of the Indian Arms Rules 19091,am .directed
to request that the Govt. of India may be moved to sanction the importa-
tion ofthese arms & ammunition into British India, and that the sanction
may be communicated to me by telegram.
1 have &c.,
O.C. G.M.
Dy. Secy. to Govt.

Respectfully re-submitted. In his letter dated the 30th Decr., 1914,
the Consul Genl. for Portugal in Br. India intimates that the Govt. of
Portuguese Iridia, wish to transport the arms and ammunition across
British India between Damaun and xagar Avely, and not between Nova
Goa and Nagar Avely. The Govt. of .India may be informed ancla draft
letter, with f.c., is put up.
G.M.
4. 1.
Dep. Secy.

No. 1:2.
Political Dept., B.C.
4th January, 191j.

The PoI. Secy. tothe Govt. of India
in the For. & Pol. Dept.

Sir,
1 am directed to inform you, witll reference to the letter from the
Govt. of Bombay in the Pol. Dept., No. 7489, dated 31st Decr., 1914,
that the Govt. of Portuguese India now desire ta transport the arms and
ammunition between Damaun & Nagar Avely, and not between Nova
Goa and Nagar Avely as was originally proposed. 2. I am to request that theG. of 1.rnay be moved to accord sanction,
by wire, to the importation of the arms & ammun. into Br. India from
Damaun & from Nagar Avely.
1 have, etc.,

4.1.

Dy, Secy. to Government.

STATE TELEGRAM

No. 585-D,dated 28th Tanuary, xgrg.
From :
Foreign and Political.

From :
Delhi,
To :

Bombay Political.
To :
Bombay.

Your Ietter No.(22) January 4th importation of arms and ammunition
from Damaun and Nagar Avely is sanctioned.

True copy.
(Signedi
Superintendent.

POLITICAL DEPARTMENT

Class B. Reg. No. 948.

Letter from the Governmentof India, Foreiga nnd Political Department,
Delhi, No. 585-0, dated28.1. 1915.

Sanctioning with reference to Political Department letter No. 22
dated the 4th January, 1915,the importation nf arms and ammunition
from Dàmaun and Nagar Avely.
Submitted. The Commr. of Police, Bombay, may be informed that
the Govt. of India have sanctioned the importation into British India
from Damaun of 54 Snider rifles and3,000 metal cartridges and 150
cartridges of 6.5. bore for transport from Damaun to Nagar Avely and
the importation from Nagar Avely of 54 guns and 2,603 cartridges of
14 mm.173bore for transport to Damaun, both on behalf of the Govt. of
Portuguese India & he rnay beasked to issue the necessary licenses,to the
Consul Genl. of Portugal in Br. India. z.Licenses for the export of the above mentioned arms & ammu-
nition to Nagar AveIy and Damaun respectively should be issued by
Govt.
Draft license& letters are put up.
G.M.

3011.
Dy. Secy.,
Secy .

No. 853.

Political Dept.,
B.C.
2. 2.Igrg.

To
The Commissioner of Police,
. Bombay.

Sir,
1 am directed to inform you that: the G. of 1. have sanctioned the
importation of the under-mentioned arms and ammunition into British
India on behalf of the Govt. of Portuguese 1ndia:-

54 Snider rifles, 3,000 metal cartridges and 150 Manulicher
cartridges6.5 bore, from Damarin for transport to Nagar Avely.
54 guns and 2,603 cartridges 14 m.m.173 bore from Nagar-
Avely for transport to Damaun.
2. I am ta request that you will issue the necessary licences for the
import of the anns & ammn. into Br. India to the Consul Genl. for
Portugal in British India at Bombay.

3. Licences for the export of the arms and ammunition from British
India to Darnaun and Nagar Avely are enclosed. 1 am to request that
you willascertain the numbcr of packages of which the consignments
wiIl consist; and deliver the licences to the Consul GenI. for Portugal
aftercompleting column 2, and repart to Govt. the number of packages.
1 have etc.,
G.M.
Dy. Secy. to Govt.
O.C. No. 654.
Political Dept.,

B.C. -
2. 21915.
To
The Consul Genl. for Portiigal in British India,
Bombay.

Sir,
1 am directed to inforrn you with reference to your letters dated
arst and 30th Decr.1914 that the G. of 1.have sanctioned the importa-
tion ofthe arms& ammunition in question into Br. India from Damaun&
Nagar Avely and that the Comr. of Police, Bombay, habeen directed to
issue to you the necessary import licenses.

Br. India have been forwarded to-dayttothe Comr. of Police, Bombay,
for delivery to you.

I have etc.,
G.M.
Deputy Secy. to Govt.
O.C.EoS (kg 'ON3) NOIL~~~~O AXVNINI?Zi?idOL S3X3NNV I. This License is granted subject to al1the provisions of the Indian
Arms Act, 1878(XI of 1878)a, nd of the Indian Arms Rules, 1909.

2. The article shall not be conveyed by any route other than that
specifiedin Column 7 ;and bulk shall not be broken, nor shall the consign-
ment be stopped, before the articles reach the place of destination.
3. An account of the contents of each package shall belegibly written
thereon; and where the articles are conveyed by rail, each package shall
be marked with the word or expression "Arms" "Ammunition" or
"Military Stores", as the case may be, so as to be readily recognizable
by the Railway authorities.

No. 655of 1915.

Political Departments,
Bombay Castle,

Copy forwarded to the District Magistrate, Surat, Commr. of Custorns,
SaIt, Opium & Abkari, for information.

A.M.
O.C.

for Secretary to Governrnent.COS (tg.ON 3)~or~rixîao navNIwIXiaa O.LSBXBNNV CONDITIONS
I. This License is granted subject to al1the provisions of the Indian
Arms Act, 1878 (XI of 1878)a. nd of the Indian Ams Rules, 1909.

2. The articles shall notbe conveyed by any route other than that
specifiedin Column7 ;and bulk shall not be broken, nor shall the consign-
ment be stopped, before the articles reach the place ofdestination.
3. An account of the contents of each package shall be legibly written
thereon :and where the articles are conveyedby rail, each package shall
be marked with the word or expression "Arms" "Ammunition" or
"Military Stores", as the case may be, so as to be readily recognizable
by the Railway authorities.

Political Department,
Bombay Castle.
2. 2.15-

Copy fonvarded to the Dist. Magistrate, Surat, Commr. of Customs.
S.O.& A., for information.
A.M.
0.c. 30.1. 15,
for Secretary to Government.

No. 9yJA.A. of 1915.
From
S.M.Edwardeç, E;~., C.V.O., I.C.S.,
The Commissioner of Police,
Bombay.

To
The Deputy Secretary to Government,
Political Department,
Bombay. Police Comrnissioner'sOffice,
Bombay.
13th February, 1915.
Sir;
With reference to your letter No. 653 dated the 2ndinstant, 1 have
the honor to state that the licensesreceived therewhave been delivered
to the Consul-General for Portugal at Bombay, together withtwo import
licenses issued by me.
The number of packages which each consignment consisted of was 8
and this information has been enteredin Column 2of the licenses before
they w-eredelivered to the Consul General.

1 have the honor to be,
Sir,
Your most obedicnt servant,
S. Ri.EDWARDES
Conimissioner of Police. POL. DEPARTMENT

Class B. Reg. No. 1485.
Le#er /rom the Commsr. 'of Police, Bombay, No. g75/A.A., dated 13th
February, IgI5.

Stating with reference to G.L. No. 653, d. 2.z.15, that the licenses
have been delivered to the Consul General for Portugal at Bombay to-
gether with two import licenses issued by him. Reporting that the con-
signment consisted of 8 packages.

Szlbmitted.The necessary addition has been made in column 2 of the
office copies of the licenses.
The papers may now be recorded.
, G.M.
2612.
H.R. 19.2 . 5.

National ArchiliesNew Delhi

'915

FOREIGN DEPARTMENT
GENERAL-R

Progs. February, 1915, Nos. 65-67. gpages, with Notes,

Sanction accordedby the Govt.of Inditz,totheimfiortationof certain arms
and ammunition ide British india /rom Danzaun and Nltgar Avely by the
PortugueseGovt.

References to former cases.

Branch, date and Nos. Briei title of file.

G.A. March 13 Nos.: 315. - Refusa1 of the Govt. of
India to the import in British
India of certain pieces of ord-
nance, belonging to the Govt.
of Portuguese India to be sold
by the Govt. at public auction
at Damaun, Portuguese terri-
tory.

NOTES
in Pros.G.B. February, 1915. Nos. 65-67. SUBJECT

RequestssanctiortoftheGovt.of India totheimportationofcertainarmsand
ammunition into British territoryfrom PortugueseIndia in the circum-
stancesstated
From
the Govt. of Bombay.

No. 7489. Dated 3rst Decr.,1914. Recd. 6th Jany., '15.
Ge~ieralDiary Register No. A. & L.14 G.

NOTES AND ORDERS

A. & L.17G.
Letter from the Bombay Govt.
No. 12. Dated 4th Jany., Recd. 8th Jany., 1915.
States that the Govt.of Portugueae India now desire to transport the
arms and ammunition between Damaun and Nagar Avely instead of
between Nova Goa and Nagar Avely as originally proposed.
(Two Ps. U.C.)

Home Department concurrence may be invited to the draft below.
Amy Department may see firstAttention is invited to the notes in
G.A.March, 1913N ,os. 3/5.
G. A. H.

8/1/15
L. F.
S. r. 15.

As far as this Dept. iconcerned there seems to be no objection to the
importation of the arms but War Branch should see before the file is
submitted to Secr.
p-
War Br. Delhi.

The question isone of transport through British India of t"arms &
ammunition".
Under the C. & 1. Dept. notificatioof 17.10.14 the export of "arms
& ammunition" to Portuguese India is permissible.
Home Dept. may see as to the requirements of the Indiari Ams Act
Rules, 1909.
(Initialled)
11.1.15 The import of military stores fronl Portuguese territory into British
India isabsolutely forbidden but as in this case importation is onlya
preliminary to immediate exportation which is.permissible it migIit be

alIowed. The rules relating to transport do not cover the case.
R. E. HOLLAND.
1Z.X.IQ.
Home Dept./Army Dept. u/o No. 376 d.12.1.rg.

For. Dept. Genl. A.

March 13, 3.5,
Attention iç invited to Secy's note d. the 30th Jany., 1913, in the
marginaliy noted papers. We may however agree to the importation of
the arms and ammunition in this case for the reasonsgivenin Mr.Hol-
land's note ofthe 12.1.15provided tht: Amy Dept. has no objection.

(Signtd)
14.1.15.
H. WHEELER,

Secy. Amy Dept.
14.1.15.

No objection inthe (3rd.Branch. C. PALMER.

-- 19.1.15.
Secy.

C.G.S.should see.
A. W. CHITTY.
21.1.15.
G. S.BRANCH.

Seen thanks.No objection to theproposal.
S. G. LOCK,M.O.I.

Sec.:A Dept.
A. A. WHELAN.

The telegram may issue from Delhi. R. E. HOLLAND.

28.1. 15.
Telegrarn to the Bombay Govt. No. 585 D., datedthe 28th Jany., 15, 67
sanctions the importation of certain arms & ammunition from Damaun
and Nagar Avely into British India. Political Department,
Bombay Castle,
From 31st December, 1914.
J. E. B. Hotson, Esq.,

Deputy Secretary to Government, Bombay.
To

The Political Secretary to the Government of India,
Foreign and Political Department.
Sir,

1 am directed to state chat the Consul General for Portugal in British
India at Bombay has asked for the free passage through British territory
of the arms and ammunition specified below :-
54 Snider Rifles and 3,000 Cartridges of metal caps and 150
Cartridges 6m. 5 bore Mannlicher despatched from tlie military
1.Formerly headquarters at Nova-Goa I.to Nagar-Avely 2.
called~oct
2.Apparently 54 Gunç and 2,603 Cartridges 14 m ml73 bore to be sent back
in Poriuguese from Nagar-Avely to Nova-Goa.
terrtraceable 2,ASthe importation of arms and ammunition from Portuguese India
from ourmaps.is prohibited under Rule 7of the Indian Arms Rules, 19091 ,am directed
to request that the Government of India rnay be moved to sanction the
importation of these arms and ammunition into British India, and that
the sanction rnay be communicated to me by telegram.

I have the honour to be,
Sir,
Your most obedient servant,
J. E. B. HOTSON,

Deputy Secretary to Government.

Political Department,
Bombay Castle.

4th January, 1915.
From
J. E. B. Hotson, Esquire,

Dy. Secretary to Government,
Bombay ;
Ta

The Political Secretary to the Government of India in the Foreign
and Political Department.
Sir, '

1 am directed to inform you, with reference to the letter from the
Govemment of Bombay in the PoliticaI Department, No. 7489, dated the 31st December,1914 that the Government of Portuguese Inclian now
desire to transpothe arms and ammunition between Damaun * and *SeeMemo on
originally proposed. between Nova* Goa and Nagar Avely as was MavfVIIItes,

2.I am to requert that the Government of India mabe niovedtot*~'~~~~~~
-accord sanction, by wire, to the importation of the armsand amiofBombay.
into British India from Damaun and from Nagar Avely. Daman.f
1have thehonour to be,
Sir,
Your most obedient servant,
J. E. B. HOTSON,

Deputy Secretary ta Government.

DRAFT TELEGRAM

Classx.5.
Heading-
No. 585 D.,28th Jany.,1915.
(Station) Delhi.
rrom 1
(Person) Foreign
(Station) Bombay

T0 1(Person) Bombay, Political.
No. 585 D.
Your letter No12,January 4th. Importation of arms and amniunition
from Damaun and Nagar Avely is satictioned.

References to later cases.

Branch. date and Nos. Brief title of file.

G.B. Oct.17, 42/43 Annex C. No. 65

Record Ofice,Bombay

POLITICAL DEPARTMENT

No. 1622

DAMAN

Request of the Govt.O/- toablow certainarms and ammu?zitionstopass
throughBritish territoryfor sufi50certainsoldiersat Nagar AveEy.

GOVERNMENT OP PORTUGUESE INDIA

No. 298 dated New Goa the 10th September, 1917.
The Secretary to the Government of the PresidencyofBombay.

The Government of the district of Damaun intimates tliat the 4th
Company of the Custorns Guard stationed there has to transmit to the
3rd Division of the same Company stationed at Nagar-Aveli for distri-
bufion among the respective soldiers, eleven armsand leather equipment
and 420 cartridgeç with bullet.

1 have therefore the honour, by directionof this Government, to
request you to obtain from the Government of theBombay Presidency
the necessary orderç for the passage without hindrance of the above
articleacross British India.
1 further request that on obtaining the necessary authorisation, you
will be so gooas to communicate it to this Secretariat in order thatthe
necessary orders may be issued for the said articles being sent from
Damauii to Nagar Aveli.

Health and Brotherhood,
(S.igned)F. M. P~rxoro VIEIRA,

Secretary General.

Tme Translation.
Joseph BOCARRO.
Portuguese Translator to Government.
15 Sept./17. ANNEXES TO PRELIMINARY OBJECTION (C NO.65) 5I3

POLITICAL DEPARTMENT

Class Reg. No. 8178.
Letter /rom the Secy. Get~eralto the Govt. of PortugueseIfidis, No. 298,
datedthe10th Sept., 1917.

Stating that the 4th Company of the Customs Guard stationed at
Damaun has to transmit to the 3rd Division of the sarne Company
stationed at Nagar-Aveli for distribution among the respectiveoldiers
eleven arms Pr leatIier equipment and420 cartridges with bullet anso
requesting to grant the necessary license for the passage of the above
articles across British India.
Submitted. The transport of the arms and ammunition from Damaun
to Nagar-Aveli through British India amounts to an importation into
and export from British India. The Govt. of Bombay can grant a license
for theexport of the ammunition from British Indiabutthe importation
of the arms and ammunition into British India from Portuguese India
is prohibited under Rule7 of the IndiaArms Rules, 1909. The sanction
of the Govt. of India is necessary for the importation of the arms and
ammunition in question (please see precedent at pages 9-11of comp.

569/18). Ask by letter for sanction by tel.

17.9-
Dy. Secy.
A draft letter is submitted for approval.

G.M.
18.g.
Dy. Secy.

Political DepartmentB.C.

18th September, 1917.

The Poll. Secy.to the Govt. of Inclia
in the Foreign and Poll. Depart~nents.

Sir,
1 am directed to state that the Govt, of Portuguese India has asked
for the free passage through British territory of eleven arms, leather
equipment, and 420 cartridges with Iiuilets, which are being despatched

from Damaun to Nagar-Aveli for distribution arnong the soldiers of the
3rd Division of the 4th Company of the Customs Guard.
2. As the transport oarms and animunition from Damaun to Nagar-
Aveli through British India involves importation into British Inand,
as the importation of arms and amrnunition from Portuguese India is
prohibited under Rule7 of the Indian Arms Rules,1909 1,am to request
that the Govt. of India may be rnoved to sanction the importation of ANNEXES TO PRELIMINilRY OBJECTION (C NO. 65)
Sr4
these arms and ammunition into British India and that their sanction
may be communicated by telegraph.
I have, etc.,

O.C.
Dy. Secy. to Govt.

POLITICAL DEPARTMENT
STATE TELEGRAM

No. 1563-G., dated 1st October, 1917.
From-For. 8iPolitical Dept.
From-Simla.
To-Bombay Political.
To-Poona.

Your 7091 September 18th. Proposed importation arms and am-
munition sanctioned.
True copy.
H. D. ALMEIDA,
Superintendent .

POL. DEPARTMENT
C. BRANCH

Reg. No. 8895.
Telegramfrom the G. ot1.For. G Pol. DePt.No. 1563-G.,dated 1stOctober,
1917.

Stating with reference toG.L. No. 7091 d.18.9.17 that the proposed
importation of certain arms & ammn. from Port. India into Br. territory
is sanctioned.

Submitted. The D.M. Surat may be asked to issue the necessary
import license under rulIr (1)(b)of theArms Rules in the name ofH.E.
the Govr. of Damaun Srdeliver it to such representative of the Govt. of
Damauii as may be deputed for the purpose.
2. The license for the export O£ the consignment from Br. India to
Nagar Avely should be issued by Govt. & forwarded to the D.M. Surat
for delivery to the representative of the Govt. of Damaun.
3. The Secy. Genl. to the Port. Govt. may be informed of these
arrangements.

4. It is howeverpointed out thatthe Secy. GenI.has given no descrip-
tion of the arms & ammn. in question which it will be necessary to specify
in the proposed licenses. It is for orders whether before taking action
on the foregoing lines the Secy. Genl. should be requested to furnish the
information required or whether the D.M. Surat should be instructed to ANNEXES TO PRELIMINAIZY OBJECTION (CNO. 65) 5I5

ascertain & insert it in the import & export licensebelore they are
delivered.
A.H.L. 4. IO.
Scy.

Tele. No. 7511 1,15th Oct.,1917.
To Sec. Gen.

New Goa.
Your letter No. 298 of 10th ult. Passage of arms & ammunition
sanctioned. Please send full description of them to melso to District
Magte. Surat. Necessary licenses will then be issued.
--

Issue & ~end copies toD.M. Surat.
J.N.
4/10.
Submitted with a draft to theD.M. Surat.
J.N.
5. IO.
A.H.L 5..10.
Dy. Scy.
--
(Below aCO$~ ofGovt.TeEe No.7511 datedthe5thOC~. 1,17)

NO. 7551,

Pol. Dept.,
B.C.
6th Oct.,1917.
Copy, together with a copy of tlie letter to which it is a reply, is
forwarded, for information & the necessary actiotothe Collr. &D.M.
of Surat, with an intimation that, on receiyt of the iriformation asked
for from the Secy. Genl. tothe Govt. of Port. India, the necessary export
Iicense will be issued by Govt. & fcirwardto theD.M. for deliverto
such representative of the Govt. of :Damaun as maÿ be deputed for the
purpose.
2. The D.M. is requested to issue the necessary import license under
ruleII (1)(b)of the IndianArms Rules, rgog ,n the name ofH.E. the

asked to supply to him direct has been received. Secy. Genl. has been
J.N.

O.C. 5.IO.
Dpy. Secy. toGovt.

SERVICE OF TITE REPUBLIC
GOVERNMENT OF PORTUGUESE INDIA

No. 361 dated New Goa the 5th November, 1917.
The Secretary tothe Governrnent of the Presidency of Bombay.
In compliaiice with the telegrNo. 7511 of the 5th ultimI,have the
honour to forward to you the accompanying descriptive lof the armsandarnmunition which have to be sent from Damaun to Nagar-Aveli,
and to request that you will be so good as ta infom me as soon as orders
have been issued for their transit free from objection.
A similar list has on this date been sent to the District Magistrate
of Surat.
Health and Brotherhood,
(Signed) F. M. PEIXOTO VIEIRA,
Secretary General.

True Translation,
Joseph BOCARRO,
IO Nov., 1917.
Portuguese Translator to Government.

HEAD QUARTERS OF PORTUGUESE INDIA

Descriptive list of arms and ammunition wkich the 4th Company
of the Customs Guard has to transmit tothe district of Nagar-Aveli for
the detachment of soldiers there.

Description No. of articlesRemarks

Sabre-bayonets. .................
Leather belts for (carrying) arms Ml91...
Leather cartridge pouches ........
BeIts Ml902 ..............
Scabbards for sabre-bayonets .......
Cartridges with bullet1,4mm. Mjgq ....

Secretanat of the Government of Damaun, 17th of October, 1917.
(Signed)JoZoFrancisco X. de Seixas, Lieut., Secretary to Government.
True copy. Head Quarters in New Goa, 20th of October, 1917.
(Signed) Martiniano Francisco Rodrigues, Lieut., for Sub-Head of
Staff.
True copy, Secretanat General of the Government in New Goa,
5th of November, 1917.

(Signed)J. A. Ismael Gracias, Chief Officer.

True Translation,
Joseph BOCARRO,

IO Nov., 1917.
Portuguese Translator to Government.SECRETARIAT OF THE GOVERNMENT OF THE DISTRICT
OF DAMAUN

COPY.
Customs Guard. 4th Company.

List desired in the memorandum from the Secretariate Govern-
ment ofthisdistrict. 284of the aznofthe current month of October.

Numbers whichare engraved whichare engraved
on the carbines besento sabre-bayonetsbeo Remarks
Nagar-Aveli sent to Xagar-Aveli

29 29
-38 A 988
A 045
B 941 A 333
478 A 151
148 A 993
C 224 79
A 186 B 230
A 378 * 733 1
A 446 c 96

M(i1itary) Quarters in Damauzznd of October, 1917.
(Signed) CaitanLudovico de Me~iezes,Capt., Commandant of the
Company.
True copy. Secretariat ofthe Government of Damaun, 23rd of October,
1917.
(Signed)Joao Francisco deSeixai;,Lieut., Secretary to Govemment.
True copy. Head Quarters in New Goa, 26th of Octo1917.

(Signed) José d'Almeida d'Arez, C;oftInfantry, acting Sub-head
of Staff.
True copy. Secretariat Generaof the Government in New Goa,
5th of November,1917.
(Signed) J. A. Ismael Gracias, Chief Officer.

True Translation.

JosephBOCARRO,
IONov., 1917.
Portugiiese Translator to Government. POL. DEPARTMENT

Reg. No. 10299.

Lefier/rom the Secy.Genl. do the Govt. ofPort. India, No. 361, dated
5th Nov.,1917.

Furnishing information as requested in G. Tele. No. 7511 of 5.IO.17
with regard to certain arms ammn. which haveto be sent fromDamaun
to Nagar Aveli & requesting that on the issue of the necessary licenses
for their transit an intimation to that effect might be sent to him.
Adding that the D.M.Surat hasbeen furnished with sirnilar information.
Subnzitted with reference to the correspondence underlyiiig G. endt.
No. 7551 of 6.IO.17.
The necessary export license may now be granted & the Secy. Genl.
informed of the arrangements.

Drafts put up. J.N.

12. II.

No. 8799.
Pol. Dept., B.C.

13th Nov., 1917.
Merno.
The undersigned presents compliments to the Collr. & D.M. Surat
& with reference to Govt. endt. No. 7551. dated the 6th Oct., 1917,has
the honour to fonvard herewith for the necessary action a license
No. d. the Nov., 1917.
2.A copy of the Iicense is also forwarded for the D.M.'s records.

3.The D.M. is requested to ascertain the number of packages of
which the consignrnent will consis& to have it inserted icol. zof the
license before deliverinit,reporting the number to Govt.
O.C., J.M.
12. II.

For Ag. Secy. to Govt.615 (Sg 'ON 3) NOI.L.~X~ÇIOAXVNIrYIT3Xd 01 SZXIiNNV I. This License is granted subject to al1the provisions of the Indian
Arms Act, 1878 (XI of 1878), and of the Indian Arms Rules, 1909.

2. The articles shall not be conveyed by any route other than that
specifiedin Column 7 ;and bulk shall not be broken, nor shall the consign-
ment be stopped, before the articles reach the place of destination.
3. An account of the contents of each package shall be legibly written
thereon; and where the articles are conveyed by rail, each package shall
be marked with the word or expression "Arms" "Ammunition" or
"Military Stores", as the case may be, so as to be readily recognizabl~
by the Railway authorities.

Political Department,
Bombay Castle.
13th Nov., 1917.

Copy forwarded to the Commr. of Customs, Salt & Excise for infor-
mation.
J. M.
12/11

for Ag. Secretary to Government.

No. 8801.

Pol. Dept.,
B.C.
13th Nov., 1917.

The Secy. Genl. to the Govt. of Portuguese India.

Sir,
With reference to your letter No. 361, d. 5. II,1917 ,egarding the.
transmission of certain arms & ammn. from Damaun to Nagar Avely,
1 am directed to inform you that arrangements have been made for the
delivery of the necessary licenses by the Cour. & D.M. Surat to such
representative of the Govt. of Damaun as may be deputed for the
purpose.
1have &c.,
J- M.,
12. II
Ag. Secy. to Govt. No. 8802, d. 13. II. 1917.

The Secy. tothe Govt. of Damaun..
Sir,

1am directed to state that the Govt. of Bombay have, in cornpliance
with the request of the Govt, of Port. India, issued a license for the
export from Damaun to Nagar Avely through intervening British
territory of certain arms, ammn. and military stores which are required
for the detachment of soldiers at Nagar Avely.
2, The Diçt. Magistrate of Surat has been instructed to deliver the
necessary licenses to such representative of the Govt. of Da~naun as
may be deputed for the purpose.
Ihave, &c.,
J.hl.,

12. II
Ag. Scy. to Govt.

No. POL. 675.
From

A, E. L. Emanuel, Esquire, I.C.S..
District Magistrate. Surat.
To

The Secretary to Government,
Political Department, Bombay.
Surat,
1st December, 1-.7.
Sir,
With reference to para. 3of your No. 8799,dated the 13th November,
1917, I have the honour to report that the consignment will consist of
tmo packages, and that the information is inserted in Col. 2 of the
license.

1have the honour to be,
Sir,
Your most obedient servant
A. E. L. EMANUBL.
District Magistrate, Surat.

Submilted. The necessary addition has been made in the officecopy
of the license.
A. N.
4/12
-- National Archives, NezuDclhi

1917
FOREIGN AND POLITICAL DEPARTMENT

Progs. October,1917, Nos. 42-43,5 pages with Notes.

Sanction accordedby theGovernmentof India, totheim$ortation of certain
arwu and amrnr~niii~nisnto British India from Damaun to Nagar-Aveli
(Portugueseterritory)bythePortug?deseGovernment.

FOREIGN 'BrPOLITICAL DEPTS.
NOTES

G.B. October, 1gr7, Nos. 42-43.
From
The Bombay Govt,

No. 7091. Dated 18-9-17, Recd. 24-9-17.
General Diary Register No. A & L11z8-G.

liequests sanction to the transporof certain arms and ammunition
through British territory from Damaun to Nagar-Aveli (Portuguese
territory).

NOTES AND ORDERS
G. B.Feby A similar request was made in January,1915, and sanctioned bythis
Nos. 65-67 Dept., with the concurrence of the Home alidArmy Depts. The Ti & P
(Notesand Dept. may support the presentapplication and convey sanction as in
the draft telegram below,if the Army and Home Depts. agree. There is,
pei-haps, no neefor the C& 1 Dept. to see.
R. MACONACHIE.
Thro' War Br. 26.g. 17.
(Initialled)

2819

GENERAL STAFF BRANCH

No. 9221.
M.O.I., Simla.
26 Sep.,1917.

Seen thanks. This Branch raises no objection to the proposal.
L. C. BARNES,
M.O.I.
27.ix. 17. ARMY DEPARTMENT
No. 7386E.
Recd. 26 Sep., 1917.

There is no objection to the proposa1 in the Amy Dept.
P. J. PATRICK,
28.g. 17.

HOME IIEPT.

Regr. No. 1707.
Recd. 29.g. 17.
The Home Departt. may agree to fbeissue of the draft telegram.

J. A. W. MORLEY,
29-9-
A.G.M.
29/9/17 --

The draft telegram may nowissue. R. MACONACHIE.

r.IO.17.
Telegramto the Govt.of Bombay,No, 1.563-G., datedthe~sbOctober,1917.
Sanctions the importation of certain arms and ammunitions through
British territory from Damaun to Nagar-Aveli.

NO.7091.

Poiitical Department,
Bombay Castle.
18th Septernber,1917,
From.
J. E. C. jukes, Esq.,
Deputy Secretary to Government.
To

The Political Secretary to the Government of India in the Foreign and
Political Department.
Sir,

1 am directed to state that the Government of Portuguese India has
asked forthe free passage through British territory of eleven ams,
leather equipment, and 420 cartridges with bullets, which are being * Marked on
despatched frorn Damaun * to Nagar--4vel7 for distribution among theon map.but it
soldiers.of the 3rd Division of the 4th Company of the Customs Guard.1sS. E.of
2. AS the transport of artns and ammunition from Damaun to Nagar- Daman, bath in
Aveli through British India involves importation into British Indin, and as the importation of arms and ammunition from Portuguese India
is prohibited under Rule 7 of the Indian Arms Rules, 1909, 1 am to
request that the Government of India may be moved to sanction the
importation of thesearms and ammunition into British India and that
their sanction may be conimu'icated by telegraph.
1have the honour to be,
Sir,
Your most obedient servant,
J.E. C. JUKES,
Deputy Secretary to Government.

DRAFT TELEGRAM
No. 1563, the 1st October, 1917.
(Station) Simla

Fi 1
(Person) Polindia
( (Station) Bombay
To
f (Person) Bombay Political.

1563-G. Your 7091 Septr. 18th. Proposed importatiori arms and
ammunition sanctioned.

Annex C. No. 66
Superintendent, GovernmentCent1a2Press, Simla,1923

THE INDIAN ARMSRULES, 1924

NOTIFICAT~ON
Police

Delhi, the3rd November, 1923.
No. F.8zg.I-22.-In exercise ofthe powers conferred by Sections 4,
IO,17 and 27 of the Indian Arms Act, 1878(XI of r878), the Governor
General in Council is plea~ed to make the folIowingrules:-
I. (1) These rules may be called the Indian Arrrs RuIes,1924.
(2) They shalI corne into force on the 1st January, 1924.

uponimport of 6.A licence shall not be granted for the import of any arrns, amrnuni-
B~S. tionor military stores from Portuguese India.
military storesProvided that nothing in this rule shall be deemed to limit or other-
frorn wise affect any power conferreby these rules to gant a licence for the
India.uese import of ammunition which, in the opinion of the authoî-ity granting
the licenceisintended in good faith for blasting purposes. ANNEXES TO PRELIMINARY OBJECTION (C NO. 66)
525
THE INDIAN ARMS RULES, 1951

MINISTRY OF HOME AFFAIRS

NOTIFICATION
New Delhi, the 8th August, 1951.

S.R.O. 1232-In exercise of the powers conferred by Sections 4,
IO, 17and 27 of the Endian Arrns Act of1878(XI of 1878),and in super-
session of the IndianArms Rules, 1924 ,ublished with the notification
of the Government of India in the latrt Home Department No.F.829.1.22
dated the 3rd November, 1923, the Central Government hereby makes
the following rules :-
I, Short titleand extent-(1) These rules may be called theIndian
Arms Rules, 1951.
z....

3....
4....
S...,

6. Restriction upon irnport ofarms, ammunition and rnilitary stores
from Portuguese India-
A licence sliall nbe granted for the import oany ams, ammunition
or military storesfrom Portuguese India:
Provided, that nothing in this rule shall be deemed to limor other-
wise affectany power conferred by these rules to gant aLicencefor the
import of ammunitioii which, in the opinion of the authority granting
the licence, is intended in good faith for blasting purposes.
. . * *..................... RecordOfice,Bombay

POLITICAL DEPARTMENT

NO. 413

Exemption of certain oficials serving under the Govt. of Portuguese India
whn travelling throughBritish India /rom the operation of the Arms Act
and from liability dopuy customduty in respectof theweaponsthey curry.
Reci$rocaEaction on the part of thePortugueseGovevnment.

No. 22.

Dated New Goa, 20th March, 1894.

To
His Excellency Lord Harris,
Governor of Bombay.

Most Illustrious &ExcI. Sir,

In acknowledging the receipt of Your Sry.'s letterNo. 1572, of 14th
Instant, 1 have the honour to thank your Exy. for the. deference with
which you were good enough to issue the necessary arders for the ex-
emption henceforth, from the provisio~is ofthe Regulations relative to
the use and carriage ofarms and the payment of customs duties, of the
civiland military employees therein mentioned.
Orders are this day being issued guaranteeing equal privileges to
British functionarieswho may pass through Portuguese India.
1 avail etc.,
(Signed) Raphael A AND RADE,
Govemor-General.

Tme translation,
F. X. D.4SILVA,
Portuguese Trans. to Govt.
28 March, 1894. Exem#fiori of certain oficials :;ervingztndevthe Government

of Pmtugztese India from the operation O/ the Arms Act

NO. 8173

JUDICIAL DEPARTMENT

Bombay Castle, 28th December, 1893.

Memorandum from the Political Department of the SecretariatNo. 4989,
dated the 16th August, 1893-Transferring the following letter from
the Under Secretary to the Governinent of India, Foreign Department,
No. 2585-I., dated the 26th July, 1893 (with certain papers) for the
issue of the executive orders suggested by the Government of India
under the Arms Act; requesting that the papers may then be trans-
ferred to the Revenue Department for the issue of instructions to
the Customs authonties; and intimating that the orders in both
the Departments should presumably be limited to places on the ordi-
nary routes by land or sea from Goa to Daman:-

"1 am directed to acknowledge the receipt of your letter No3240,
dated the 20th May, 1893, regarding the propoçed exemption
of (a) non-European civil officials, servingder the Government
of Portuguese India, who are eniitled to Wear a uniform and sword,
and (bmilitary officersof that Governrnent, when travelling through
British India, from the operation of the Arms Act, and from the
liability to pay customs duty in respect of the weapons they carry.

"2. In reply,1 am to Say that the Governor-General in CounciI, Notification
as at present advised, does not consider it. desirable to amend the
notifications cited in the margin, as suggested in paragraphs 3and Indiain the
4 of your letter under acknowledgement, with a view to authorise Egfirnent.
the exemptions proposed. The Governor-GeneraI in Council would No. 518,dated
not, however, offer any objection to the issue of executive orders
by the Bombay Government to the effect that the provisions of Notification
Chapter IV of the Indian Arms Act (XI of 1878) shouId not, as a of,h,
matter of courtesy, be enforced in the case of such officials when Government of
travelling through specified districts in the Bombay Preçidency, Ezié
and that the arms, which they :ue entitled to carry in Portuguese EF:;;",",~
India, should be exernpted from Liabilityto the payment of custorns N,,,864,ditcd
duty at such places in the Bombay Presidency as the Governor in Z22th A~nl,
Council may specify. 1am to add that the particular case of exemp-
tion frorn custorns duty reportedin your letter under repIy is sanc-
tioned.

"3. With reference to paragmph 5 of your letter, 1 am to say
that it is understood from the telegram of the Governor-General
of Portuguese India forwarded therewith that no restrictions
similar to those which gave rise to the present reference exist in
the case of British officers who happen to visit Portuguese India,
and, under these circumstances, a formal reciprocal concession to
meet the case of such officers does not appear to be necessary."Further memorandum from the Political Department of the Secretariat,
No. 6956, dated the 23rd November, 1893-Transferring, with
reference to tliis Department memorandum No. 6146, dated the
and October, 1893, copy of a letter (No. 108, dated the 30th October,
1893) from the Governor-General of Portuguese Inclia, which shows
that the Portuguese Government have consented to accord to British

officials passing through Portuguese India similar privileges to those
which this Government has expreçsed its willingness to concedc to
Portuguese officials passing through British India in respect to the
carrying of arms. Transferring also a copy of the letter from this
Government (No. 6369 of the 28th October, 1893),to which the above
letter from the Government of Portuguese India is a reply.

REÇOLUTION.-T~~ Governor in Council is pleased to direct, as a
special case, that the provisions oChapter IV of the Indian Arms Act
(XI of 1878) should not,as a rnatter of courtesybe enforced in the case
of (a) non-European civil officials, serving under the Government of
Portuguese India, who are entitled to Wear a iiniform and sword, and
(b)military officersof that Government when travelling through Districts
through which the ordinary routes by land or sea from Goa to Daman
pass.
C. H. A. HILL,
Under Secretary to Government.
To :

The Cornmissioner, N.D.,
The Commissioner, C.D.,
The Commissioner, S.D.,
The Inspector-General of Police,

Al1District Magistrates,
Al1 District Superintendents of Police,
The Commissioner of Police, Bombay,

The Revenue Department (with the papers received from the Political
Department),
The Political Department.

NO. 1417
REVENUE DEPARTMENT

Bombay Castle, 22nd February, 1894.

Resolution of Government in the Judicial Department, No. 8173,dated
28th December, 1893:-
[See above, pp. 383-384.1

RESOLUTION.-TheCollecter of Land Revenue, Customs, and Opium,
Bombay, should be informed, with reference to his letter No. c.-zjoo,
dated 25th March, 1893,to the address of the Political Department, that ANNEXES TO PRELlMINARY OBJECTION (C NO. 67)
99
the Government of India have çanctioned the exemption from customs
duty in the case therein referred to.

2. The Governor in Council is pleased to direct thai the arms which
(a) non-European civil officials, serving under the Government of Portu-
guese India, who are entitled to Weaa.uniform and sworcl,and (b)military
officers of that Government, are entitied to carry in Portuguese India,
should be exempted from liability tothe payment of customs duty at the
districts throiigh which the ordinary routes by land or sea from Goa to
Daman pass.
3. The Political Department should be informed of the issue of these
orders.
(Siglaed)
Under Secretary to Government.
To :

The Commissioner of Customs, Salt, Opium, and A'bkAn,
The Commissioner, N.D.,
The Commissioner, C.D.,

The Commissioner, S.D.,
Al1Collectors in the Presidency Proper,
The Collector of Land Revenue, Ciiçtoms, and Opium, Bombay,
The Collector of Salt Revenue,

The Judicial Department of the Secretariat,
The Political Department of the Secretariat (with the Political Depart-
ment papers received witli the Resolution of Government in the
Judicial Department, No. 8173, dated 28th December, 1893). Annex C. No. 68 .

REVENUE DEPARTMENT

Question relating tthe levyut Bombay of customsduty on arms formàng
$artofthemilitary eqztifimentofaPortugueseoflceronhiswaytoPortuguese
lndia
No. 2296

REVENUE DEPARTMENT

Bombay Castle, 4th March, 1907.

Letter from the Consul General for Portugal, Bombay, No. 434, dated
12th November, 1906 :-

"1 have the honour to bring to your notice that instances have
occurred. when swords, revolvers, etc., which form part of military
equipment of a Portuguese officer on his way to Portuguese India,
have been detained at Bombay for his destination.
"1 therefore request you to be pleased to issue instructions to
subordinate officers concemed to pass them without detention."
Memorandum from the Comrnissioner of Custorns, Salt, Opium and
A'bkAri,No. 6511 ,ated 14th November, 1906:-

"Fonvarded to the Collector of Customs, Bombay, for favour
of report."
Memorandum from the Collector of Customs, Bombay, No. c.-18508,
dated 28th November, 1906:-

"Returned with compliments.
"2.The only exemption in favour of Portuguese officers, as
such, is that found in Government Resolution No. 1417 of zznd
February, 1894. This refers to officers en routebetween Daman
and Goa, and has no bearing on the present reference which is
doiibtless caused by the detention (not under the Arms Act, but
for payment of duty), of the weapons of Portuguese officers, en
rode to Goa and East Africa,from CoIombo.
"3. It is true that the exemption allowed under exception II
(a), schedule IIof the Tariff has been held to extend to consular
representatives (Government Resolution No. 2530 of 1st May,
1894, Political Department). But, so far as military officers are
concerned, this exemption has been restricted to officers of His
Majesty's Forces (vide Government Resolution No. 2246 of
28th March, 1890).
"4. There would appear no objection to the Collector of Customs
being aiiowed to exempt from duty weapons belonging to Portu-
guese officerspassing through Bombay, e?trouteto Goa, or to other
Portuguese possessions, if Government should desire this to be done. ANNEXES TO PRELIMINARY OBJECTION (C NO. 68) 531

The concessions should be Iimited to Portuguese officers, because
it is not necessary for those of any other nation to land at Bombay
when proceeding to their stations."
Memorandum from the Commissioner of Customs, Salt, Opium and
A'bkAri,No. 6900, dated 7th December, rgo6 :-

"Forwarded to Government in the Revenue Department.
"2. In their letter quoted in the preamble to Government Reso-
lution, Revenue Department, No. 1417, dated the 22nd February,
1894,the Government of India wrote that they would not offer any
objection to the issue of orderby this Government that the atms
which Portuguese officiaisare entitled to carry in Portuguese India
should be exempted from paymt:nt of customs duty at such places
in the Presidency as the Govenior in Council might specify, It is
not clear, why the Resolution passed on this, specified only 'the
districts through which the ordinary routes by land or se/rom Goa
to Daman pass', and did not specify Bombay as the place through
which the route from Europe to Goa or Daman ordinanly passes.
The Bombay Custom House iriterprets the pecuiiar wording of
the Resolution asdebarring them from passing officers'arms free
when coming from Europe; but it does not seem to the Commissioner
that any such distinction is logically maintainable. It is, therefore,
suggested that the Collector shouId be given theauthority suggested
in his 4th paragraph. It may be observed, in this connection, that
the Political Department in their Resolution No. 2530, dated the
1st May, 1894took the view that under the TariffAct, 1852military
officers of al1 nations were entitled to exemptionas regards arms,
forming part of their equipment."
RESOLUTION.-Theproposai made by the Commissioner of Customs,
Salt, Opium and A'bkAriis approved.
(Signed)

703.07-
For Under Secretary to Government.
To-

The Commissioner of Customs, Salt, Opium and ~'bkari,
The Commissioner, N.D.,
The Comrnissioner, C.D.,
The Commissioner, S.D.,

AUCollectors in the Presidency proper,
The ColIector of Salt Revenue, Bombay,
The Collector of Customs, Bombay,
The Collector of Bombay,

The Political Departmint ofthe Secretanat,
The Judicial Department of the Secretariat. 532 ANNEXES TO PRELIMINrlRY OBJECTION (C NO. 69)

Annex C. No. 69

Record Ofice, Bombay
REVENUE DEPARTRIENT

~gog. Vol. 46
rgog Revenue Dept. No. 184

Restrictions im#osed by the PortugguesGovernment +on Europeans
firassimgthrough Portuguese territory matder ofcarrying arms.

No. 2199 of 1908.
From
The Honourable Mr. A. C. Logan, I.C.S.,
Comrnissioner of Customs, Salt, Opi&mAbkari;
To

The Secretaryto Government,
Political Department,
Camp Belgaum, the 11th April, 1908.

Sir,
Europeans passing from sea through Marmagoa to Castle Rock are
subjected to the annoyance of having their firearms taken by the Por-
tuguese Customs officersat Marmagoa and kept until they are "passed"
by some authorityat astation on the line; althoafee of 4 annas has
to be paid at Marmagoa for a permit in respect of tharms. On the
Government other hand "Portuguese officers are allowed by Our Customs establish-
~~~~~~"~ ment to bring their arms, a mord and revolver, through Castle Rock
No. 141datedStation into British territory withany molestationwhatever."
the22nd 2. As Marmagoa, thanks to British trade, is becoming ail important
~~$~~~~,"~4 ;ea-port which it.is necessary for the Commissioner of Customs and the
Judicialon, CoIlector of Salt Revenue to visit from time to time in connection with
Department, Our arrangements with the Portuguese Government, and as both these
NO. 3746, and some other British officers of high rank have occasion to pass to
~ovérnmentI to suggest that the Portuguese authorities at Goa may be moved to

De~artment. to their own, and to permit them to take their perfire-arms byraild
2!é dth2acrzss Portuguese territory withqut the present restrictions.
Match.19O7. 1 have, etc.,
(Signed)A. C. LOGAN,
Commissioner of Customs, Salt, Opium
and Abkari. No. 3844.

Political Department,
Bombay Castle,
2nd June 1908.

His Excellency,
Jose Maria de Souza Horta e Costa,
Governor General of Portuguese India.
Most Illustrious and Excellent. Sir,

It has been brought to the notice of my Government that firearms
carried by Europeans passing from sea through Mormugao to Castle Rock
are taken by the Portuguese Customs Officersat Mormugao and detained
until they are "passed" by çorne authority at a station on the Railway
line, althougha fee of 4 annas has to be paid at Mormugao for a permit
in respect of the arrns. As Mormugao is becoming an important sea-port
which it is necessary fortheCommissioner of Customs, Bombay, and the
Coilector of Salt Revenue, Bombay to visit from time to time in connec-
tion with the existingarrangements between the Portuguese and British
Governments, and as both these officersand some other British officers
of high rank have occasion to pass to Castle Rock via Mormugao in the
course of their tours,1 have the honoiir to suggest, for Your Excellency's
favourable consideration, that British Officerson duty rnay be permitted
to take their personal firearms byrailacross Portuguese territory without
the present restrictions,
2. 1 may add that Portuguese Officers are alIowed by the British
Customs establishment to carry their arms-a sword and revolver-
through Castle Rock Station into British territory without any molesta-
tion whatever.
Accept, Most Illustrious and Excellent Sir, the assurances of profound
respect with which I have the honoiir to subçcribe myself.

Your Excellency's
Most obedient, humble servant.
(Sigxed) G. S. CLARKE.

No. 83 of 1908.

Governor-General of Portuguese India.

His Excellency,
Sir G. S. Clarke, G.C.M.G.,G.C.I.E.,
Governor of the Presidency of Bombay.

Your Excellency,

1 have the honour to acknowledgf: the receipt of your Excellency's
letter, dated the 2nd irltimo,andafter collecting the necessary informationregarding the facts mentioned therein, 1 beg to state in reply the fol-
lowing :-
The firearms or any other dutiable goods intended for through transit
belonging to passengers, who enter this territory eitherby sea or land,
are allowed to pass free by the custom houses of Mormugao and Collem
reSo far as this Government is aware neither firearms nor any throughas).
goods either by sea or by land have been detained belonging to British
Customs Officer, or to the Collecter of Bombay Salt Revenue, or to any
other officersor passengers, except if the passenger had not proceeded to
his destination imrnediately, having been detained owing to some cause,
in which case his goods rnight have been also detained until his departure.
In the last paragraph of the letter under repIy it is stated that the
Portuguese Officersare allowed to carry with them a sword and arevolver
free into the British territory via Castle Rock. In fact Military Officers
are allowed to travel free with such weapons; but it appears that civil
officersare not treated in the same way.
The Customs tariff in force atGoa allows free the weapons belonging
to the equipage ofa civilor military officer,whoan alsoWearhis uniform,
and a military or policeofficercan carry free a revolver or a pair ofpistols.
A gun is not though included in this exception.
Under these circumstances I assureYour Excellency that this Govern-
ment have no objection to gant to the civil or military British officers,
travelling by the Mormugao Railway either going through or staying in
this territory on duty or for visiting purpose, the liberty of carrying
free a revolver ora gun even without a through pass, being, in such case,
sufficient a declaration of his identification before the respective Customs
oficer or any other competent authority.
I beg to request Your Excellency that a similar concession may be,
however, granted to both Civil and Military Portuguese Officers as the
establishment of such reciprocity shalI not onIy be advantageous to the
public service, but it WUalso contribute to maintain the cordialrelations
existing between Ourboth Governments.
God preserve Your Excellency.

New Goa, 14th July, 1908.

(Signed) J. M. DE S. HORTA E COSTA,
Governor General. No. 6239 of 1908.
From :
The Hon'ble Mr. A. C. Logan, I.C.S.,
Commissioner of Customs, Salt, Opium & Abkari;

To :
The Secretary to Government,
Political Department,
Poona, 15th October, 1908.

Sir,
With reference to Government memorandum No. 5855, dated the
and ultimo, 1have the honour to state that the proposal of the Portuguese
authorities amounts to this: that if British officersare permittecl to take
their personal firearms through Goa territory without fee or restriction,
al1 Portugueçe officers shall be allowed to take firearms into British
territory without duty, or restriction under the Arms Act. The cases are
not at aU analogous,'for Goa is a mere strip ofterritory through which
British officers pass on their way from British water to British land,
whereas there is no Portuguese terrj.tory except the village of Daman
400 miles away to which Portuguese officers could pass through Castle
Rock; so the Portuguese proposal ispractically that in return for a smail
courtesy ailPortuguese ofiïcials shall be permitted to import private
firearms into British territorv free of duty. ALIthat 1 ask is that British
Officers on duty should be allowed to take their guns, etc., with them
into the train, whether with or without payrnent of the 4 annas fee per
arm (which is immaterial), when passing through Goa territory without
a break,and al1that the Portugueçe can claim in retum isthat Portuguese
officers should be aliowed the same concession with regard to their
fire-arms, whether private or official, when they are assing from Goa
via Castle Rock direct to Daman without a break &cePt to change
trains) at any place in British territory. The totaI amount of duty
collected on arms at Castle Rock during the last five years was Rs. 70,
but most of this was received from British subjects, and if proper care
is taken ai Castle Rockto verify the fact that the Portuguese officials
military or civil to whom the conci:ssion is granted are really going
direct to Daman the sacrifice of revenue will be practically nothing, for
Portuguese oficials proceeding to Darnan would nearIy always go by sea
vin Bombay.
1 have, etc.,
(Signed) A. C. LOGAN,
Cornmissioner ofCustoms, Salt, Opium
and Abkari. Political Department,
Bombay Castle,
13th Novernber 1908.

Ilis Excellency,

Jose Maria de Souza Horta e Costa,
Governor-General of Portugueçe India.

Most Illustrious & Excellent Sir,
In thanking your Excellency for-your Ietter No. 83, dated the 14th

July, 1908 , have the honour to explain that aU that is desired by my
Government is that British oficers passing through Goa territory
on their way to British territory may be allowed to transport their
fire-arms without let or hindrance.If this is conceded by your Govern-
ment, a similar concession will be made by my Government to Portuguese
officers passing direct, through British territory, fromone portion to
another of Portuguese territory.
Accept, Most Illustrious and Excellent Sir, the assurances of profound
respect with which, I have the honour to subscribe myself

Your Excellency's
Most obedient, humble servant,
(Signed G). S. CLARKE.

No. 147 of 1908.

Governor-General of Portuguese .India.
To :
His Excellency,

SirG. S. Clarke, G.C.M.G.,G.C.I.E.,
Governor of the Presidency of Bombay.

Sir,
Inreply to your Excellency's letter, No. 7243, dated the 13th instant,

1 have the honour to inform that 1 fully agree with your Excellency's
proposal.
1have accordingly caused the necessary orders to be issued that both
Military and Civil British officers, passing through Goa territory on
their way to British terntory, may be allowed to transport their firearms
without any hindrance at all.
1 beg, therefore, to request your Excellency that the reciprocity
pointed out in the last paragraph of the above referred letter may haveeffect with regard to Portuguese military and civil officerspassing through
British territory on thciway to Pdrtuguese territory.

God preserve your Excellency.
Government Palace ai New Goa,
zrst November, 1908.

(Signedl J. M. DE S. HORTA E COSTA,

Governor-General.

No. 8034.

Political Department,
~.- ... Bombay Castle,
18th December, 1908.
To :
' His Excellency
Joçe Maria de Souza Horta e Costa,
Governor-GeneraI of Portuguese India.

Most Illustrious and ExcellentSir,

Referring to the correspondence ending with your Excellency's
letterNo. 147, dated the 21st Novernber, 1908, 1 have the honour to
state that orders have been issued to the British Customs authorities to
allow Portuguese officers passing throrigh British territory from one part
to another of Portuguese' territory to transport their fire-arms without
let or hindrance. A simple declaration by the officers concerned that
they are proceeding to Portuguese ti:rritory will suffice to secure this
concession.
Accept, Most Illustrious and Exce1It:nSir,the assurances of profound
respect with which 1 have the honour to subscribe myself,

Your Excellency's

Most obedient, humble servant.
(Sig~edj G. S. CLARKE.

True Copy
(Signed) Superintendent.538 ANNEXES TO PRELIMINARY OBJECTION (C NO. 70)

Annex C. No.70

BARODA COLLECTORATE

SUB JECT: NAGAR-AVELI

Trans$ortofgoodstoNagarAveli in transitthroughIndian Territoryfrom.
Daman.Exemfitionfrom duty. Request/rom the PortugzteseGovernment,

Copyof a letterfromthe Consulfor Portugal atBombayNo. 1323Proc,
13-D/b/47,datedthe27thNovember,1947.

1have the honour to inform you that the Government of Portuguese
India state that, according to the report made by the Government of
Damao, a temporary Custom House has been set up along the Road
"I'impolia" which goes to the bridge Vasco da Gama, confined with the

territory of'the Indian Union; that the Custom Office is establiçhed for
preventing the entry of goods and other articles of primary necessitin
the District of Nagar Avely in a quantity not higher than a seer; tbt
with the adoption of the above-mentioned measure the population of
the said District is deprived of importing from the neighbouring Indian
territory the foodstuff for their living; that even such articles as wheat,
flour, sugar, etc., when transported from the District of50 to that of
Nagar-Avely, are subject to the payment of duty in the territory they
have to cross; and that over and above there are other articles such as
salt whose transit through Indian territory is prohibited.
The Government of Portuguese India further state that with a.view
to allow greater facilitieto the population of the District of Nagar-
Avely it is their intentionto establish, in agreement with theGovern-
ment of Indian Union, a special regimen in order that the payrnent of
duty may not be demanded on goods other than of local production when
they are in transit, transportedfrom Dam50 to Nagar-Avely; and the
said Government have asked me toapproach the Government of Bombay
on the subject.
Therefore 1 begto submit for the consideration of the Government of
Bombay the above proposal of making free the above transit and to
request you to be so good as to give the same your kind attention. ANNEXES TO PRELIMINARY OBJECTION (CNO. 70)
539
(Below CO y ofaletter/rom the Consulfor PortugutBombay, No. 1323
Proc. 13-0f6/47>dated the 27th Novelnber1947.)

No. S. 131/1:85-A-1.
PoIiticaland Services Department,

Bombay CastIe,
16th January, 1948.

Forwarded with compliments to the Collector of Central Excise,
Bombay, for favour of remarks.
By orlier of the Governor of Bombay.
(Signed llegibIe.

For Chief Secretary to the Government of Bombay,
Political and Services Department.
D.
13/1/48.

NOTE:

Ref. Endt. No. S.131Jr85- dt-the 16th January, 48,
from the Chief Secy.,G.of Bombay.
This is a proposa1 from the Consul for Portugal at .Bombay to the
Govt. of Bombay, in which he states that the Govt. of Portuguese India
desire thatalgoods imported from Daman to India Dominion territory,
in transit to NagaAveli may be exernpted from import duty.
2. The Portuguese territory of Daman is divided into two parts,
Daman & Nagar Aveli with the Indian Dominion territory between
the two. Al1 goods going to Nagar A~eli from Daman are charged to
import customs duty at our Land Customs Stations. So also goods such
as rice, liable to export duty, are chargtid to export duty, when goingfrom
Nagar Aveli to Daman. For Customs purposes, the Nagar Aveli territory
of the Portuguese Indian Govt. is treated as Indian Custom territory.
In the year1900,the Govt. of Bombaygave assurance tothe Portuguese
Govt. that "Nagar Aveli" Paragana sliouldbe treatedas a part of British
(now Indian) territory. It is still so treated and for Customs purposes
it is not considered foreign.

3. Prior to1933, al1imports from Nagar Aveli to India were exempt
from duty but as it was found that goods of higher tariff fromman
were smuggled into Nagar Aveli and then freely passed into India, which
caused a great loss of Customs revenua,notf. No.69 of the23of Dec.,
1933 w,asissueb dythe Govt. of India, prohibiting the impoofforeign
dutiable goods from this Paragana to India, with the exception that
goods produced in that territor& alço goods previously imported into
that territory from India (otherwisi:hanin transit thro India) were
exempt from duty. Al1goods imported from Daman into the intervening
Indian territoror in transit to NagaAveli are liable to duty.
4. Now that the Portuguese Govt. desire that the levy of dutyon
goods going from Daman to Nagar Aveli thro' the Indian territory should
be done away with, the question will have to be considered at higher level, ANNEXES TO PRELIMINARY OBJECTION (C NO. 70)
540
The procedure for the working of our Customs administration between
these two Portuguese territories has been printed in detail in para-,
graph 20s and onwards on p. 67 ofB.C.P.S., Part II.

5. In this connection, attention is invited to the Collr's report to
the Board, at Slip C in the fileNo. A/49-xz3/47 of 1947 placed below.
The Collr. has suggested in the concluding portion of paragraph 3 of this
report that the best solution would be to do away with the Daman
Frontier line by coming into a Tariff Agreement with the Portuguese
Indian Govt. This is tlie only solution, if the request made in the letter
under reference is to be complied with. So long as the Daman and
N. Aveli territories are treated as foreign territories, we canexempt
from duty any goods coming from Daman whether for use in Indian
Dominion territory or in transit to Nagar Aveli.

6. It willbe seen from para. 2 of the Consul's letter ap. 3 that the
Portuguese Govt. intend establishing aspecialregiment in order that the
payment of duty may not be demanded on goods other than of local
products when they are in transit from Daman to Nagar Aveli. This
cannot be allowed as such a regiment will clash with Our Customs
interest. If approved therefore, we may invite the Bombay Govt's
attention to OUT U.O. endt. No. Ajqg-123/47 of the 18th JuIy, 1947
(Slip D), inthe file placed below & inform them that we have no other
rernarks to offer, since the matter of coming into Tariff agreement with
the Portuguese Govt. restsnow with the Govt. of India.

Send a copy to A. C. Anand for very early remarks. If no reply is
recd. within IO days send a reminder.
(Initialled)

612.

Resubrnitted with a draft endorsement to Mr. A. C. Anand for
approval.
J.W.
612.

A. C. Anand reminded on 24.2.48.

(1nitialded)
2312.

We may inform the Govt. in terms of the A. C.'s report.
(Initialled)

2712.

Yes.

(Initialled)
2712. ANNEXES TO PRELIMINARY OBJECTION (CNO. 70) 54I

Reçubmitted with a draft reply to the Chief Secy. to the Govt. of
Bombay Political and SeMces Dept., Bombay, for favour of approval.
J. W.

2812.
A revised draft is put up for appl.

(Initided)

File is closed.
(Signed) Illegible.
M.A,
IO/~.
--

(Below endorsementNo. S.I~I/IB~- AatId.the 16th January, 1948,
from the Chief Secretary to the Govt. of Bombay, Political and Services
Department, Secrefariat,Bombay, jomiarding a copy of a lette/rom the
Consulfor Portugal ut Bombay No. ri323Proc. 13-Dlb/#7 dated the 27th
November, r947, regarding the duty charged on goods imported from
Daman in transit toNagar-AveZy.)

No. A/4g-z3/48.

Express. Bombay, the 7th February, 1948.
A. C.Anand.

Copy with a copy of the enclosure forwarded for inzmediateremarks.

o/c (I~itialled)

7.2.
For CollecterC.E., Bombay.

A/49-23/48.
A. S. Kyte, Esqr.,
M.R.E.,
Central Excise.
The Chief secretary to the Government
of Bombay,
Political and Services Department,
Bombay.
Bombay.
5th March, 48.

Sub.:-Daman and Nagar-Aveli-Transport of goods between,
through the Indian Dominion territory-Outpost at
Pimpolia.
I invite a reference to your endorsement No. S-1311185-A-I dated
the 16th January, 1948, forwarding for remarks a copy of the Ietter

36 ANNEXES TO PRELIMINARY ORJECTION (C NO. 70)
542
No.. 1323 Proc. 13-D/b/47 'dated the 27th November, 1947, from the
Consul for Portugal, at Bombay to the Government of ,Bombay.

2. In this connection, my Assistant Collector at Anand reports that
the outpost referred to by the Consul in his letter to the Government
of Bombay is not a Customs outpost established by this Department.
The enquiries made by him in this regard reveal that the outpost.at
"Pirnpolia" waç established by the District Civil Supplies Department;
soine time in September-October, 1947, with a view to preventing
infiltration of rationed and controIIed articles to the+ad]oining territory of
Nagar-Aveli. It is stated' that a similar out-post 1s established also at
Dungra. The establishment posted at these placeshave instructions not
to permit exports of certain articles in excess of the specified quantities
that may be allowed for personal consumption, to Nagar-Aveli. Thc
cornplaint made by the Consul therefore is against the measures taken
by the District Autborities of the Civil Supplies Department and not
against this Department.

3. So far as this Department is concemed, the territory of Nagar-
Aveli, although it is politically a Portuguese Indian territory, is consi-
dered as Indian territory for al1customs purposes. Therefore al1imports
from Daman, whether they are made for consumption in the Indian
Dominion territory or in the Nagar-Aveli territory, are liableto customs
import duty .

Ojc. (Signedl Illegible,
Collector of Central Exise, .
Bombay.

No. 6-107.

Anand, the 20th February, 1948.

Sub.:-Customs outpost at "Pimpo1ia"-Establishment of-
Cornplaint by the Consul for Portugal at Bombay.

Ref.:-Your No. A/49-23/47 of 7.2.48.
The Customs outpost referred to by the Consul for Portugal atBombay

in his letter addressed to the Chief Secretary to the Government of
Bombay isnot an oiltpost established by this Department. hly inquiries
with the Circle Officer, Vapi however, reveals that the outpost referred
to therein has been established by the District Civil Supplies Department,
since September/October, 1947, obviously with a view to prevent
infiltrationof rationed and controlled commodities to the adjoining
terntories of the Nagar-Aveli Pragana, A similar outpost has also been
established at Dungta. The establishment posted there have instructions
not to permit the .export to the Portuguese possessions of Nagar-Aveii
of certain articlesin excess ofa specified quantity that may be alIowed
for persona1 consurnption. The cornplaint by the Consul is therefore AKNEXES TO PRELIMINARY OBJECTION (CNO. 71) 543

against the measures introduced by the CivilSupplies authoritiesThe
matter therefore be referred to that Department.
(Signed) Iliegible,

Assistant Collector,
iinand.
CoIlector of Central Excise,
Bombay.
Feb.21 48.

Annex C. No. 71

BARODA COLLECTORATE

File No. V (b) 8(IZ~} Cus/qg.
Subject: Snltim$ort of from Daman to Nagar Aeieli Pargana

The Secretary, A. S. Kyte, Esquire,
Central Board of Revenue, Central Excise.
New Delhi.

4th me, 1949.
Sub:-Daman salt-import of from Daman to Nagar Aveli Pargana.

1enclose a copy of a letterNo. 1147133 d,ted the 17th May 1949,
from the Governor of Daman, requesting for a permission for the import
of Daman Salt from Daman to Nagar Aveli Pargana for local consump-
tion.
z. The territory of Nagar Aveli although it is politically a Portuguese
Indian territory, is considered Indian territory for al1customs purposes.
The importation of Daman salt froin Daman into India Doniinion is
prohibited, vide NotificatiNo.475-S.R., dated the 25th January, 1895,
appearing at page 46 of the IndiaSeaCustoms Manual (IV edition). The
object of imposing this restriction was to safeguard tsaItrevenue of
the Government of India. This position has since changed with the
removal of central excise duty onsalt fromthe 1st April,1947 and saIt
has now become a free article.1 do ~iottherefore see any pointincon-
tinuing the age-oId embargo placed on the importation of salt from
Daman. 1 therefore requestthat the Government of India rnay kindly

be moved to cancel their notificatiori o1895 prohibiting the bnnging
into India of salt by land from Dainan or the same may be held in
abeyance for the present.
A. S. KYTE,
Collector of Central Excise,
Bombay.
ASK.30
KMB. I '
544 , ANNEXES TO PRELIMINARY OBJECTION (C NO. 72)

Annex C. No. 72

GOVERNMENT OF INDIA

Legation of Portugal,
New Delhi.
Proc. 6, 8.

No. 81.
The Legation of Portugal present their compliments to the Ministry
of External Affairs and, with reference to the Ministry's Aide-Memoire,
of the 23.6.1949,have the honour to transmit herewith a "Memorandum"
containing the information supplied by the Governor of the Portuguese
District of Daman, on the matter of some illicit exportsof jowar which

the Bombay authorities believe took place from Nagar-Aveli Pragana to
Daman, during 1948, across Indian Union Territory.
As it appears from that information, although the local ~ortugueçe
authorities admit that such exparts may have taken place in 1948, in
srnall quantities, on account of the reasons mentioned in the "Memo-
randum", they had already, as soon as the matter was known to them,
taken proper measures to avoid sirnilar occurrences in the future, and
no longer any infractions of the same nature have been venfied during
the current year.
The Governor of Daman, when giving his reply, called the attention
of this Legation to the difficultieshehaç been experiencing lately when
dispatching articles orgoods destined bythe Government of the District
to the officia1services at Nagar-Aveli and vice-versa.
Until some tirne ago such articles could cross the territory of the
Indian Union, without difficulty, when accompanied by a certificate of the

Daman Government declaring that they were for the use of the Portuguese
official departrnents.At the moment, however, the Indian Customs
houses, in different instances, havenot allo~vedthe passage of such articles
although accompanied by the certificate, unless import dutiesare paid for
their entry into Indian Union territory, when they are dispatched from
Daman to Nagar-Aveli, and only on the presentation of export "permits"
issued by the authorities concerned, when moving from Nagar-Aveli to
Daman.
This practice is of course creating serious difficulties to the Govern-
ment of the Daman District.
The Government of Daman have already approached the Bombay
authorities on the matter, obtaining the reply that they hâve submitted
it tothe Government of the Indian Union for decision.
The Government of Daman are also anxious to obtain the removal of
certain difficulties encountered for the entry in Nagar-Aveli of some
Indian Union articles essential to the lofethe population of the territory
articles which are only controlled in the Dominion for purposes of export.

Restrictions for the entry of such articles have appeared, as "permits"
etc. The Daman authorities, pointing out that Nagar-Aveli is a "free
zone" and is functioning as such for the products it sends to the "Indian
. Union", expresses the hope that, on a basis of reciprocity, such articles
might have a free access to the territory. ANNEXES TO PREL1MINAR.Y OBJECTION (C NO. 72) 545
The Portupese Legation venture to ask the good officesof the Alinistry
in order that the matters above mentioned may be submitted to the
kind appreciation of the Indian authorities concerned. For this the

Legation express t heir best thanks in anticipation.
Delhi, 25th July, 1949.
The Ministry of External Affairs,
New Delhi.

Note D.3122,--EUT. 1/49,

[See Anltex zr to Memo~ial, p.54.1

Legation of Portugal,

New Delhi.
No. 19 Proc. 6,8.
The Legation of Portugal present their compliments to the Ministry
of Extemal Affairs and have the honour to refer to the Ministry's note
No. D. 3122, Eur. 149, of the 16th November, 1949 ,n connection with
transit of goods between Nagar-Aveli and Daman.
The contents of the note were duly communicated to the Governrnent

of Portuguese India, who have asked the Legation to convey their
appreciation for the re-establishment of the previous arrangement in
respect of the export of rice and other local produce from ,Nagar-Aveli
to Daman across Indian territory.
As regards the arrangement suggt:sted in Paragraph z of the note,
for the movement of Government stores from Daman to Nagar-Aveli, the
authorities at Goa view with concern the delays that would unavoidably
develop from a previous approach to the Consul GeneraI in India, and the
consequent steps he still would have to take with other Indian autho-
rities any time that a request for the movement of such goods had to be
presented. In many instances the itenis might be of no great importance,
not justifying therefore what mighf.be a complicated procedure; in
others they may be urgently requirecf, in which case the delays involved
would greatly hamper the normal administration of the Nagar-Aveli
territory.
Having these consideration in mind, and with the hope that it may
be favourable considered by the lndian authorities, the Government of

the Portuguese State of India would like to suggest the folIowi11galter-
native: that Government stores from Daman to Nagar-Aveli be allowed
to be moved in transit across Indian territory, under the condition
that such goods would be accompanied by certificates issued by the
Govemment of the District of Daman, in which the nature and quantity
of the goo'ds would he indicated, and guaranteeing that they were
Government stores and destined forilsein the public services of Nagar-
Aveli. The Portuguese Legation would greatly appreciate to be informed b
if sucha suggestion would be acceptable to the Indian Government, and .6 ANNEXES TO PRELIMINARY OBJECTION (C KO. 73)
546
take this opportunity to renew the assurance of their highest consider-
ation.

Delhi,
3rd February, 1950.
(Seal)
The Ministry of External Affairs,
Government of India,
New Delhi.

No. F. 5 (16)-Eur. 1/50,
2nd
- March, 1950.
8th
The Ministry of External Affairs present their compliments to the
Legation of Portugal and with reference to their Note No. 19/68, dated
the 3rd February, 1950,regarding transit of goods between Nagar-Aveli
and Daman have the honour to Say that the procedure suggested in
para 2 of this Ministry's note No.D. 3122149 dated the 16th November,
1949, had been specifically suggested so as to facilitate the movernent of
Government stores from Daman to Nagar-Aveli. The Government of
India regret that they do not see their way to accepting the suggestion
that goods shoiild be allowed to pass through the Indian Union territory
without payment of customs duties merely on the certificate issued by

the Government of the District of Daman. Inthe light of past experience
regarding the working of the arrangement for the export of foodgrains
fro~n Nagar-Aveli to Daman, the Government of India consider that
certificates issued by the local Portuguese authoritshould be counter-
sigried by the Consul General of India at Goa.
The Legation of Portugal,
New Delhi.

No. 5 (16)-Eur. 1/50.

[See Annex 22 to Mernorial,p.55.1

Annex C. No. 73

The Legation of Portugal present their compliments to tlie Ministry
of External Affairs and have the honour torefer to the rece~it action of
the Indian authoritieswho put difficulties and hindrances in the way of
the Governor of Damgo to cross the Indian territory between Dam30 and
Naga;aAr ireli.
On the 20th July, 1954, the Governor of Dam20 was prevented by
the Indian authorities at the frontier from entering the Inclian Union, ANNEXES TO PRELIMINAKY OBJECTION (C NO. 74)
547
on liis way from Damgo to Nagar Aveli,under the pretext that it was
necessary to have two separate visas. one to go and the other to return,
and not both visas on the same passport as those which the District
Magistrate had issued.
On the z~st two separate visas wt:re obtained, as requested, and the
Governor's transit through Indian territory was allowed, but, on his
return trip between Dadra and Da~niio, he was forced by the Indian
authoritiesto go back to Dadra, where he stayed for some considerabIe
time, under the pretext that they liad not received instructions from
their superiors.
The Leption of Portugal, on behalf of their Government, while regis-
tering witli grave concern this unwanted and unjustifiable procedure
lodge a strong protestagainst the referred-to action of the Indian
authorities, which only caused unnecessary embarrassment to the
Portuguese administration in those ti:rritories.

The Legation avail themselves of the opportunity to renew to the
Ministry the assurancesof their highest consideration.

New Delhi, 23rd JuIy, 1954.

Annex C. No. 74

[SeeAnnex 50 toMemorial, fip87-88.]

--

Annex C. No. 75

[See Annex gr toMemoriul, $p. 88-90.]

Annex C. No.76

[SeeAnaex 52 to Memorial, fip.90-93.1548 ANNEXES TO PRELIMINARY OBJECTION (C NO. 77)

Annex C. No. 77
NOTENUMBER TWO

The Legation of Portugal present their compliments to the Ministry of
External Affairs and have the honour to transmit herewith the following
communication from the Government of Portugal.
The attention of the Govemment of the Indian Union is earnestly
drawn to the fact that it is inconsistent asweli as contrary to the most
elementary principles of good relationship between civilized countries,
for the Union Government to declare and invoke their intention of
entering into negotiations and of reaching an understanding by agree-
ment, and at the same time to continue:-
(A)To keep completely isolated the Portuguese enclaves of
Dadra and Nagar Haveli which were invaded by armed persons
proceeding from sumundiag Indian territory. Those enclaves
according to the only information which the Portuguese Govern-
ment has succeeded in obtaining are being subjected to treatment
as if by bandits and the populations being the victim of atrocities.
As a result of direct measures of the Indian Government the in-
habitants are cut off from the outside world and deprived of the
protection due from lawful authority;
(B)To maintain a state'of economic blockade along their fron-
tiers with Portuguese territories in India, thus manifestly violating
principles of International Law to which the Indian Union itself
claims to subscribe-notably Article I of the United Nations
Charter;

(c) To fail to comply with its international obligatioinrespect
of postal traffic;
(D) To allow in its temtory a violent campaign jn the Press,
over the radio and by other means whereby Portuguese temtorial
integrity is overtly threatened;
(E) To allow bands of disorderly persons, not always unarmed
(as has just been shown at Tiracol) to muster in their territory
for the purpose of violating the Portuguese frontiers-which they
have already done on occasion-thus creating a dangerous state of
tension incompatible with the duties of international good relation-
ship.
By these means the Indian Union is pursuing a course not in accor-
dance with the conciliatory principles theoretically proclaimed in its
recent notes and particularly outof keeping withthe Union'd suty asa
member of the Community of Nations.
It is hoped that the Indian Union will re-consider, and at once desist
from, such a course of action which is out of keeping with allaccepted
norms and is only deserving of condemnation.
The Legation avail themselves of the opportunity to renew to the
Ministry the assurances of their highest consideration.
New Delhi, zznd August, 1954.
Ministry of Extemal Affairs,
Governrnent of India,
New Delhi. Annex C.No. 78

Ministry of Extemal Affairs,
New Delhi.

August z4th, 1954.
The Ministry of Externa1 Affairs present their compIiments to the
Legation of Portugal and have the hcinour to acknowledge the two notes
dated the zznd August, 1954 communicated to them by the Legation on
behalf of ille Government of Portugal.

2. The Government of India deeply regret that the Portuguese
Government have failed to convey their agreement to a meeting of the
appointed representatives of the two Governments on the 24th August
as suggested by the Government of tndia or to propose any alternative
date.

3. The Government of India further regret that the Government of
Portugal, by casting unwarranted doubts on the intentions of the Govern-
ment of India and questioning the bolzu fidcsoftheir act of ready accep-
tance of the principle of the original Portuguese proposal, appear to
find reasons for their attitude and for apprehensions about the purpose
of the Conference to which they agreed only a few days ago. In a further
endeavour to promote the processes of conciliation and negotiation, the
Government of India wish tostate categorically that itisnot their desise
that the negotiatioiis between the representatives ofthe twoGovernments
should be either inconclusive or un~iecessarily prolonged or that they
should create misunderstandings as alleged by the Portuguese Govern-
ment. The Government of India accepted the proposa1 of the Portuguese
Government for impartial observation and report, as soon as it was made,
as it rendered possible a constructivti approach to the problem or such
part of ita5 the two sides agreed to conçider at present.

4. The acceptance conveyed in the Note of the Government of India
of the 10th August, and reiterated in their subsequent notes, has a firm
basis, nameIy, the acceptance of the principle of impartial observation
and report. This principle stands agreed as between the two Govemmcnts
and further,the two Governments have alreadyappointedreyresentatives
to a conference as proposed by the Govemment of India and accepted
by the Portuguese Government.

5. It was the firm belief of the Governrnent of India that a beginning
had thus been made and conversations couId begin. In their present
Note (Nurnber One) the Portugtiese Government have expressed their
unwillingness to proceed with the Conference between the representatives
of the two Governrnents unless the Governments of India agree in advance
to certain conditions presented to them in the form of a demand, which
on the face of them are matters which themselves should be the subject
of the Conference. Thus, the Government of India are called upon by the
Portuguese Government to accept tlieir propositions, instead of their
being sought to be discussed and agreed at the Conference.

' 6. The Government of India, in their desire to reaçsure the Portuguese
Govemment of their earnest desire to avail themselves of the opportunity
of the method of negotiation offered by the Portuguese Government's550 ANNEXES TO PRELIMINARY OBJECTION (C NO. 78)

proposal, laid down no conditions for prior acceptance. They proposed
and agreed themselves, that the several detailed propositions pertaining
to ~nethods and other details put forward by the Portuguese Government
and which bear any relation to the agreed principle may be considered at
the Conference. They also proposed and agreed that the parties, if they
so desire, may consider other propositions relevant to the purposes of
the Conference. The Government of India have not said that there should
be no agenda for the Conference. On the other hand, they assume that.
according to normal procedures, the Conference will agree on an agenda
and the method of adopting it. The Government of India have set out
clearly in their Notes that the purpose of a meeting of the representatives
of the two Governments is the implementation of the principle already
agreed between them.

7. In view of the plain meaning of the replies of the Government of
India inthis regard, they do not feel that the Portuguese Government
have any cause for reasonable apprehension that the purpose of the Con-
ference is obscure or the methods suggested are anything other than
normal. They have already informed the Portuguese Government that
the prior determination of views and methods by means of Notes is
neither a practical nor usual step in regard to such negotiations. The
Government of India, therefore, regret that they are unable to entertain
the proposa1 in paragraph 2 (A)and (B) ofthe PortugueseNote (Number
One). They would further remind the Portuguese Government that they
appointed their representatives on the basis of the reply of the Govern-

ment of India dated 14th August, 1954 , hich expressly sets forth the
position of the Governrnent of India.
8.With regard to the discussion of the matters other than the issue
of impartial observation and report, which appears to be the purport
of paragraph 2(c) of the Portuguese Government's note, the Government
of India wish to state that :-

(A) they hàve no objection, in principle, to further Conferences
considering any matter of mutual concern or relevant to the relations
between the two Governments; and

(B) they have no objection to the matters referred to in para-
graph 2 (c)of the Portuguese Note (Number One), in as far as they
may arise from the consideration of the issue of impartial obser-
vation, being considered by the proposed meeting of the repre-
sentatives of the two Governments. It would, however, be for the
representatives to decide by agreement as to the relevancy of such
matters. .

The Government of India only wish to assure the Portuguese Government
once again that they do not at present insist on any exclusions or in-
cliisions of any specific proposition relevant to the agreed principle.
9. The Governrnent of India, however, consider that the proposal
for a second Conference as set out in paragraph 2 (c) ofthe Portuguese

Note (Number One) is a different proposa1 and should be considered
separately and as appropriate. If the proposa1 already agreed upon
between the two Governments were sought to be implemented by them
without delay, it would enable both Governments to give consideration
to other matters. -4NNEXES TO PRELIMINARY OBJECTIONS (C NO. 79) 551
.IO.The Government ofIndia note that the Government of Portugal

.in their Note (Number Two) repeat the unfounded allegations and charges
to which the Govemment of India have given replies in the past. They
.charge the Government of India with breaches of international law and
custorn, with organising and condoning violence and supporting armed
bands. The Governrnent of India deeply regret that the Portuguese
Government continue to make these allegations and reiterate that they
.aretotaiIy unfounded andshouldnothave been made, much less repeated.
They express the hope that the Portuguese Govemment wiI1,on reflec-
tion, consider that they should be withdrawn. The allegatioiis being
totally iinfounded, the Government of India do not consider it necessary,
or indeed desirable, in view of their hopes about the proposed Conference
to pursue them or enter into acrimonious debate.

II. The Government of India desire to submit to the Portuguese
Government the expression of their views on two points relevant to the
present correspondence :-
(A) They would consider that the solution of problems isill-served
by the imputation of motives and the adoption of phraseoIogy

which is not normal in correspondence between two Governments,
especiallyas correspondence is rrileased for publication.
(B) The procedure adopted b!7 the Government of Portugal, in
spite of repeated objections to the same by the Government of
India, of issuing their Notes thi:Press, without agreement between
the parties concerned, soon after they are handed in and before the
Government of India have time to peruse them or give their reply,
is not in accordance with normal practice or calculated to assist in
solutions.

12. In view of the reaffirmations of the clear position of the Govern-
ment of India and the reiteration of their desire to pursue negotiations
to implement the principle of the proposa1 made by the Portuguese
Government and readily accepted by the Govemment of India, they
earnestly hope that the Portuguese Govemment will enable the represen-
tatives of the two Governments to meet without delay,
The Ministrp of External Affairs avail themselves of the opportunity
to renew to the Legation of Portugal the assurances of their highest
consideration.
(Seal.)
The Legation of Portugal,

New Delhi.

Annex C. No. 79

No. D.Gzzo--Eur.I/54

GOVERNMENT OF INDIA

Dated the 30th August, 1954.

The Ministry of Extemal Affairs present their compliments to the
Legation of Portugal in India and with reference to the Legation's Note552 ANNEXES TO PRELIMINARY OBJECTION (C NO. 80)
No. 96 (Proc. 7, 7)dated the 23rd July,rg54, have the honour to state
as foll0ws:-
lt isa fact that the Governor of Daman was stopped at the Customs

post on the 20thof july, 1954 and anormal check carried out. He was
asked for certain clarifications regarding the visa for his return joumey.
The Govemor was not, however, prepared to give the clarifications and
went away saying that he would again corne after he had obtained two
separate visas taNagar Aveli and back to facilitate his journey. The
officials at the Customs post did not, however, prevent the Governor of
Daman from entering Indian territovor ask him to obtain two separate
visas.
With regard to the incident on the 21st July, referred toin the Le-
gation's note, after careful inquiry the Govemment find tliat no such
incident took place. It appears that the Governor of Daman, while he
was returning to Daman from Dadra, for some reason or the other,
feared for his safety and decided to stay within the limits of Dadra.
Later on he approached the Indian Police Officer at the prohibition post
to ascertain whether he coulgo to Daman safely. On being informed that
he could do so in complete safety he proceeded to Daman.
The Ministry take this opportunity to renew to the Legation the
assurances of their highest consideration.
(Seal and date.)
Legation of Portugal,
New Delhi.

Annex C. No. 80
LEGATION OF PORTUGAL N,EWDELHI.

NO. 141.
Proc. 7, 7.
The Legation of Portugal present their compliments to the Ministry
of External Affairs and have the honour to communicate the following.
2. The Portuguese Hospitaller Sisters of the Franciscan Order have
requested the Portuguese Overseas Ministry for informatioil about the
situation of the members of the Mission "Our Lady of Fatima" in
Canoel, Nagar Aveli.

3. As it iknown, on account of the measures taken by the Indian
Union Government, a situation defmto continues which unables the
Portuguese authorities to enter in communication with the said territory.
4. It is therefore requested from the Indian authorities that the
information sought forbe obtained and transmitted to this Legation and
also that al1possible protection be given to al1members of that Religious
Mission whether they are still in Canoel or whether they were forced to
abandon that Portuguese territory.
The Legation of Portugal avaii themselves of the opportunity to
renew to the Ministry of External Affairs the assurances of their highest
consideration.

New Delhi, 30th August, 1954.
Ministry of External Affairs,
Government of India,
New Delhi. ANNEXES TO PRELIMINARY OBJECTION (C NOS, 81-82) 553

Annex C. No.81

The Legation of Portugal presents its compliments to the Ministry
of External Affairs and have the lionour to transmit hereuith the
foilowing communication from the Government of Portugal :-

I.The Portuguese Government unfortunately cannot look upon the
reply of the Government of the Indinn Union to its Note number two
of 22nd August as satisfactory. Strictly speaking, it does not amount
to a reply.
2.Yet inasmuch as the Governrnent of the Indian Union repeats its
intentions of pacification, negotiation and understanding, itis to be

supposed that ~twill now be ready to inake it possible for the Portuguese
authorities to have access to the territories of Dadra and Nager-Aveli,
which continue to beisolated by the agency of the Indian Union and are
illegitirnatelin the hands of armed bodies of men who came frorn the
Union.
3. The Portuguese Government wctuld like to obtain a precise reply
on thiç point, with the urgency which the irregular situation of those
territories clearly requires.

4.The Legation avails itself of the opportunity to renew to the
Ministry the assurances of its highest consideration.
New Delhi, 30th August, 1954.
The Ministry of External Affairs,
Government ofIndia,
New Delhi.

Annex C. No. 82

Ministry of External Affairs,

New Delhi, the 1st Sept.,r954.
The Ministry of External Affairs present their compliments to the

Legation of Portugal and have the hoiiour to reply as follows tothe two
notes presented to them by the Legation on the 30th August :-
1. The Government of India sveIcome the fact that the Portuguese
Government, on further'consideration, have accepted their proposal that
negotiations should commence without deIay between the two E'overn-
ments for iinplementing the agreed principle of impartial observation.
The Portuguese Government have suggested the 7th September as the
date for commencement of the negotiations. This date is acceptable to
the Government of India.

2. The Government of India, however, note that the Portuguese
Government have again attached sonle conditions to their acceptance
of the proposal. They have asked for a prior assurance from theGovern-
ment of India that the negotiations will beconfined to "facts relating to554 ..ANNEXES TO PRELIMINARY OBJECTION (C NO- 82)

violation of frontiers". They profeçç to entertain some doubt as to.
whether agreement exists between the two Governments on the principle
of impartial observation. They have stated that the agreement is "rnerely~
apparent" and they have repeated their previous cornplaint that the
Government of India are "evading the issue".
. 3. The Government of India regret that the Portuguese Govern-
ment should continue to make such statements in spite of the fact that
the Government of India's position in this matter has been clearly.
explained to them. This explanation has been given in a series of notes.
to the Portuguese Legation. In order to remove any doubt or misunder-
standing which might still exist, the Government of India wish to state.
their position in this matter once again.

4. In their note of the 8th Auguçt, the Portuguese ~overnment
drew attention to what they described as "a dangerous situationJ' in or-
around the Portuguese Possessions. They made some allegations about
violation of frontiers and other matters, including the activitieç of Goan
nationalists and of Indian authorities. They suggested that as there were
"two contradictory versions on wliich light must be thrown for the good
of peace", there should be an impartial observation of facts.

5. The Government of India, while repudiating the allegations made
against them, readily agreed, in principle, with the suggestion of the
Portuguese Government. They agreed that there should be a joint
endeavour by the two Governments to ascertain facts and to find
peaceful solutions. They accepted the principle of impartial observation
and suggested that, in accordance with normal practice, ways and means
of implementing the principle should be discussed between represen-
tatives of the two Governments.

6. The Government of India have steadily adhered to tliis position.
They wish to reaffirm their acceptance of the principle of impartial
observation. With regard to the scope of the negotiations, they have
made it clear that they are not insisting in advance on the exclusion or
inclusion of any specific matter which is relevant to the agreed principle.
Tliey consider that al1 matters relevant to the agreed principle should
be discussed in the course of the negotiations and that neither side
should ask the other to accept in advance certain conditions which
would detract from the value of the negotiations on the basis of the
agreed principle.

7. The Government of India wish to reaffirm their earnest desire ta
implement the principle of impartial observation at the earliest possible
date. They consider that the proposa1 that has been made is a construc-
tive approach to present difficulties and to the problem confronting the
two Governments. They have laid down no prior conditions and their.
representatives will be willing to consider and to discuss with the Portu-
pese representatives any matter relevant to the agreed principle which
may be raised in the course of the negotiations. Their representatives
may also, on their side, put forward relevant matters for consideration.
They suggest that the Portuguese Government should, in the interest
of a peaceful solution, refrain from laying down prior conditions in
order that negotiations rnay commence on the 7th September, or any
other suitable date, for irnpiernenting the agreed principle of impartial
observation of facts. 8. The Portuguese Government have also suggested that separate
negotiations should take place in respect of matters other than that of
impartial observation. The Government of India have already stated-
and they wish to repeat-that they have no objection, in principle, to

negotiations taking place in respect of any matter of mutual concern to
the two Governments; also that thejr have no objection to the matters
referred to in paragraph 6 (B) of the Legation's note No. I,in so far as
they may arise from, the consideration of the issue of impartial obser-
vation, being considered at the proposed ineeting of the representatives
of the two Governments. As was pointed out in their last note, however,
it will be for the representatives of the two Governments to decide
whether any such matter is relevant to the issue of impartial observation.
9. The Government of India, hourever, understand that the Portu-
guese Government would prefer that the matters mentioned in para-
graph 6 (B)of their note No. I should be discussed in the course of
separate negotiations. The Government of India have pointecl out in
their note of August 24th that this is a different proposa1 whicli should
be considered separatelyas and when appropriate. If the proposal about

impartial observation which has bet:n agreed to by the two Govern-
ments iç sciught to be impleme~ited by them without delay, it would
enable both the Governments to give consideration to other matters.
IO. The Portuguese Government have also suggested that facilities
should be given to thcir officialsto gain access to certain territories which
have, passed out of Portuguese control. In respect of some incidents
which have taken place in these territorieç, they have repeated their
allegation that armed bodies of men came from the, Indian Union. The
Government of India bave already pointed out that this alIegation is
cornpletely unfounded. They regret that the, Portuguese Government
should'persist in making such allegations. They wish to state once again
that they do not permit-and have not permitted in the past-any
illegal transit of perçons across the frcintier, or violations of the frontier.
In previous notes, they have explained the reasons which preverit them

from giving facilities to the Portuguese police or other author ities for
traverçing Indian terri tory. In view of the existing situation, they regret
their inability to grant the facilities tllat have been asked for.
II. The Government of India accept, in principle, the suggestions
of the Portuguese Government with regard to the issue of communiqués
by agreement between the two delegations after negotiatioris have
commenced. They regret, however, that their suggestion that notes
sent by one Government to the other about a matter which is still under
discussion should not be released to tlie Press except by agreement with
the other Government, has not been accepted by the Portuguese Govern-
ment. The Government of India, however, propose to follow this practice
on their part even though the Portuguese Government continues to
adhere to the practice they have adopted of issuing their notes to the
press soon after delivery. The present note will, therefore, be issued to
the press on the evening of the and September for publication in the
morning of the 3rd September, unless the Portuguese Government wishes

. that the release of this note should be further delayed.
The Rlinistry of Extenal Affairs avai1 themselves of this opportunity
to renew to the Legation of Portugal the assurances of their highest
consideration. -- Annex C. No. 83

The Legation of Portugal presents its compliments to the Ministry
of External Affairs and has the honour to transmit herewith the following
communication from the Government of Portugal.

I.With sole reference to the subject dealt with in its note No. 2
of 30th August-access to the Portuguese territoriesof Dadra and Nagar
Aveli, stillut offand in the hands of bodies of armed men who came from
the Indian Union-the Portuguese Govt. notes that the Govt. of the
Indan Union maintains its refusal to give Portuguese authorities (no
matter whom, and be it but a three-man delegation) the right of transit
to those territories. The Portuguese Govt. further records that the Govt .
of the Indian Union holds that the vioIent occupation of the territories,
accompanied by acts of positive brigandage and crimes of killing and
serious bodily injuries, was not carried out by bodies or armed men from
the Union. It also records that in support of this last assertion the Union
Govt. states that it does not permit, and has not permitted in the past,
any illegal transit of persons across the frontier or violations of it.

2.As a result, the position of the Govt. of the Indian Union is the
following :-
(A) It recognises, as was inevitable, that the territories of Dadra
and Nagar Aveli are subject to Portuguese Sovereignty, being
separated from the Indian Unioii by frontiers which the latter
respects and declares itself incapable of violating;

(6) It claims it neither had, nor has, any part in the illicit events
which have taken place in those territories and in the course of
which persons foreign to the legitimate constituted authority
attacked and subverted it;
(c) But on the other hand it has refused, until now, to CO-operate
in any way with the Portuguese Govt. in order to permit this
manifestly illegitimate state of affairs to be remedied.

3, The Portuguese Govt. judges that such a refusal is contrary to
the obligations of international law and the standards of CO-existence
between States, thus involving a serious responsibility for the Union
Govt. The Portuguese Govt. has already said it,and asserts it anew, as it
protests against an attitude which is incompatible with the purposes of
understanding andthe readiness to reach peaceful solutions by which the
Govt. of the Indian Union professes to be moved.
4. The Portuguese Govt. cannot cease insisting on receiving access
to the territories which belong to it.It should not be thought that long

diplomatic notes and affirmations of theory, in any case invalidated by
facts,can conceal the violent usurpation which subsists or remove the
need for remedying the situation. Precisely because there are accom-
plished violations and because an illegitimate situation arising from the
use of force continues to exist, the settlement of the difference by peace-
ful means demands and presupposes that, in the first place, the autho-
rities of the injured country be again granted unhindered and normal
access to the territories which were, and continue to be, the victims of
violence. 5, So long as these facilities are not granted, however, immediate
action is necessary to throw more light on the situation. Accordingly, and
because the motive put forward by the Govt. of the Indian Union for
refusing transit facilities resides in the claim that the state of excitement
of its people would not permit even Portuguese delegates to pass through
in conditions of security (Indian note of 20th July), the Portuguese Govt.
requests the Govt. of the Indian Union to authorise the access to Dadra
and Nagar Aveli of a few delegates of third countries chosen by Portugal
-in regard to whom this popular excitement cannot even be alleged-in
order to proceed, inside the Portuguese territories, to examine the situa-
tion in accordance with the mandate that will be given them by the
Portuguese Govt.

6. As it iç a question of territories separated from the Indian Union
by an inviolable frontier, it is obvious that the fact of their being entered
by delegates from third countries, because the State which exercises
sovereignty in them so wills, issomething which only faus within the
competence of the latter State. Itis hence made clear that the request
forrnulated in the foregoing paragraph covers solely the fact of transit
across surrounding Indian territory. It is also made clear that for the
same reasons this resorting to national5 of third countries has nothing
to do with the appointment of impartial observers by mutual agreement,
for the purpose of observing circumstances in the territories of both
States connected with territorial violations.
7. Neither is it necessary to add, therefore, that the present request
in no way affects the Portuguese proposals already set forth and open to
the acceptance of the Jndian Union without time limit,in accordance with
Note No. r of goth August. They are distinct and independent matters.
The Legation of Portugal avails itself of the opportunity to renew
to the Ministry the assurances of its liighest consideration.
New Delhi, 6th September, 1954.
The Ministry of External Affairs,

Government.of India,
New Delhi.
-- (Seal).

Annex C. No. 84 Annex C.No. 85

LECATIO NF PORTUGALN , EWDELHI
NO. 154.
Proc.7, 7.

The Legation of Portugal present their compliments to the Rlinistry
of External Affairs and, for the information of the Indian Government,
have the honour to enclose herewith tlie text of a "Communiqué" of
the Portuguese Ministry ofExternal Affairs, released in Lisbon on the
12th September, 1954.
The Legation of Portugal avail themselves of the opportunity to renew
to the Ministry of External Affairs the assurances of their highest
considerat ion.

New Delhi,
13th September, 1954.
(Seal).
The Ministry of External Affairs,
Government of India,
New Delhi.

COMMUNIQ OUFITHE POKTUGUES~E TINIÇTRY OF EXTERNAL AFFAIRS,
RELEAÇED ZN LISBON ,N THE IZTH SEPTEMBER 19,54
The News Agencies have transmitted the text of a Note handedby the
Government of the Indian Union to the Minister of Portugal in New
Delhi. That Note, which was today receivedby the Ministryof External

Affairs, is being studied and a reply will be made in due tiine. Simply:
As the publication of the said Note,by the Indian Union, against the
estimation and desire recently expressed by their Governmentcan only
have propaganda aims, with the reçulting confusion for public opinion,
the followingis forthwith stated.
I. Against the assertion othe Government of the Indian Union that
the Portuguese Government do not desire the negotiations regarding
the international observationit iç once more repeated that the Govern-
ment of New Delhi was informed that the Portuguese proposa1 for
international observation,destined to observe violations of frontiers,
continues tostand; but not forthe "study of the situation in the Portu-

guese territories in India" with the scope that, since the beginning, the
Government of the Union has pretended to give to the Iattei- expression.
2. Contrary to the lamentation of the Governnient of the Indian
'Union that the Portuguese delegation had not been sent to New Delhi
forthese negotiations, such as they were proposed and, it had seenied to
the Portuguese Government, had been accepted, it is stated that the
composition of the Portuguese delegation was in due time communicated
to the Indian Government and the delegation is in New Delhi ready to
start negotiationsany day the Indian Union pleases.

3. Contrary to the assertion that the Government of the Indian
Union desire negotiations for the establishment of an international
observation of acts of frontier vioIatitnshould be concluded that theIndian Union do not wish it, or facilitate it, for obxious motives. In
accordance with their statements, there should not have been violations
of the Portuguese frontiers, from wflich it would be deduced that there
is no proper matter for the observation, and that, therefore, the negotia-
tions to which they declare them~elves disposed would naturally fa11
upon basic problems which cannot be subject to the judgment of third

parties.
4,As by the developrnent of the discussion the conclusion is drawn
that the question of the observers could not be expected to be settled
within a useful time, and the situation of the territories, invaded and
subjugated by bands coming from the Indian Union, compeIs that
certain measures be taken urgently by the Sovereign Power, the assent
of the Indian Union was requested for the visit of some foreign observers
chosen bythe Portuguese Government, in order to gather the iiecessary
information on the existing situation in Dadra and Nagar Aveli. The
Government of the Union in their Note show themselves afraid of a
formal refusal and they pretend to abmit those observers to the legal
regime of travellers, with the discretionary attitude which is easy to
adniit on the part of the Indian aut horities, that would withdraw .from
that observation al1the parantees and conditions needed for it to take
place. That is, the answer on this point virtually corresponded to a

refusal.
5. The attitude of the Government of the Indian Union as regards
the passage of Portuguese authorities to Dadra and Nagar Aveli con-
tinues to be one of refusal, with arguments that, as they are more than
specious, cannot be understood and do not adjust themselves neither
to the rights of Portugal nor to the international duties ofthe Indian
Union, who, in this way and by their own attitude, place themselves in
a position of connivance with the acts committed in those territories
against the Portuguese Sovereignty , the Order, the Public Peace 'and
the interests of the inhabitants. , .

Annex C.No. 86

No. D. 8x68-Eur.I/54.
Ministry of External Affairs,
New Delhi,
September 23/24? 1954.

The Ministry of External Affairs present their compliments to the
Legation of Portugal in India and in continuation of Foreign Secretary's
D.O. letter No.~SI-FSI~~, dated tlie 10th September, 1954 ,ave the
honour to bring to the Legation's notice that during a scrutiny of the
applications of Portuguese offrcials from Nagar Aveli who had sought
asylum in India it was found that 32 of them had made false decla-
rations.It was found that these persons had been recruited in Goa and
sent to Dadra and Nagar Aveli in May and June, 1954 , ithout peyits
being obtained to transit Indian territory. The Legation is no doubt
aware that the Governor-General of the Portuguese colonies inIndia was
informed by our Consulate-General that ail Goan officials from the1st of ApriI, 1954, must hold a permit for entry into, or transit through,
India.

2. The Government of India arc convinced that these violatioiiç of
Indian regulations by these Portuguese officials were with the express
encouragement of the Portuguese Administration of Goa and Daman.
The Gosrernment of India lodge their emphatic protest against these
illegal acts of the Portuguese authorities. Though these officials by
contravening the reguIationç of the Government of lndia have made
themselves liable to prosecutionthe Government of India have decided,
as a special case, to deport them.
The RIinistry take this opportunity to renew to the Legation of
Portugal the assurances of their highest consideration.

LePtion of Portugal,
New Delhi.

Annex C. No. 87

LEGATIO NF PORTUGAL N,EWDELHI
No. 191.
Proc. 7, 7.

The Legation of Portugal present their compliments to the Ministry
of Extcrnal Affairs and have the honour to transmit herewith the reply
of the Portuguese authorities to the allegations contained in the Ministry's
note No. D. 8168-Eur. 1/54> of the 24th September Iast, that some
Portuguese officials from Nagar-Aveli, who left that territory aftethe
aggressio~icomrnitted against it, had previously passed through Indian

territory without having obtained permits from the Indian Consulate
Getieral at Goa.
2. The Portuguese authorities understand that in their Note the
Ministry wished to refer to the recruitment of Police officials made in
Nagar Aveli, when the measurcs taken by the Indian Govt:rnment to
isolate that territory-which, as is known, so greatly facilitated the
passage of the armed gangs who lately occupied it-were causing the
most justifiable conccrn to the Portuguese authorities.

3. Although among the candidates who presented themselves to be
recruited, some were from Goa and Daman, these persons were not
oficials when they crossed Indian territory; they only becaine so after
being recruited in Nagar Aveli by the Police authorities there.
4. No violation therefore of the Indian regulations in force at that
time ever took place; the protest presented by the Indian Government
lias thus no foundation wliatsoever and is hereby emphatically rejected.

5. In transrnittjng tliis information for the purpose of re-establisliing
the truth, the Legation cannot but express their great surprise that the
Indian authorities should still be trying to find grounds to mention
violations of tlie law in matters connected with the aggression against
Dadra and Nagar Aveli. Tt cannot be forgotten the important part they
played in promoting the success of that aggression-measures of every
sort toisolate those territories;theencirclement by armed personnel to facilitate the passage of the assaultin; bands; allowing the formation and
arming of those bands in Indian territory; ultimately, letting them pass
through to commit aggression against peaceful neighbouring territories.

Al1these acts are certainly most serious violations of the Law of Nations,
for wliich the Indian authorities reinain responsible. Instead of recog-
nizing this and acceding to the reqiiest of the Portuguese Government
that faciIities of transit be granted for the re-establishmenof law and
order in these territories, thcy stiIl cornplain about non-existent violations
of the law supposed to Iiave been perpetrated by the authorities who,
after all, have been the victims of ag- -ssion and are therefori: the a--
grieved party.
The Legation avail tliernselves of'the opportunity to rcnew to the
Ministry the assurances of their highest consideration.
New Delhi, 16th November, 1954.

Ministry of External Affairs,
Government of India,
New Delhi.

Annex C. No. 88

LEGATIO NF PORTIJGALN , EW DELHI
No. 140.

Proc. 7, 76.
The Legation of Portugal present their compliments to the Ministry of
External Affairs and have the honour to convey the following.

2. The situation in the territories of Dadra and Nagar Aveli, as it
has been rnade clear, causes the greatest concern to the Portuguese
Governmen t.
3. Itis unnecessary to repeat the detailed description of the events
that took place in July and August, k~styear, when armed bands coming
from the Indian Union invaded Portuguese territory, overcame, at the
cost of Portuguese lives, the resistance that the tiny local police forces

were able to offerand finally took the place of the Portuguese authorities
by usurping the administration of the territories. Tt is but too well known
that only the connivance and help of the Indian autliorities made this
act of force possible; just as it is also known that only thanks to the
position adopted by the Indian Union, who has prevented the access of
Portuguese authorities or any kind of international obçervatiori, has it
been possible to keep the territories in a de factosituation which is an
offence against international law and the deep-rooted sentiments of the
population.
4. The Portuguese Government have received truly alarming reports
on the situation in Dadra and Nagar Aveli, where the inhabitants have
been having a most difficult tirne, due to present conditions theand the
fact tl-iat measures taken by the Indian authorities have made itim-

possible for these people to comrnunicate with the outside world.
5. The authorities of the Portuguese State of Indis have recently
received reliable information according to which the inhabitants of theterritories, and particularly the local public servants andthe Catholics,
have been harassed, coerced and persecuted to an enormous extent by the
illegal and high-handed actions of those who now arrogate to themselves
the right of administering these Portuguese territories.

6. The invaders have kept the population in a state of constant alarm.
There has been a succession of persecutions and searches and assaults of
private houses and public buildings. At times, as happened to the Parish
Priest of the church at Silvassa, the inhabitants are beateup and have to
receive medical treatment for their injuries. When the public servants
refased to take up their duties again after the invasion, compulsion was
used. But here difficulties immediately arose due to the fact that the
occupants of Dadra and Nagar Aveli refuse to comply with the law in
force and are trying to introduce English and Guzarate in the judicial
and administrative services. In order to check the use of Portuguese,
schools of Guzarate and Hindi have been set up in almost every village,
especially where there are mission schools, in an effort to combat
missionary influence.

7.The population are deprived of the most elementary liberties.
All correspondence is censored ; Portuguese newspapers may not circulate
ancl listening into the Portuguese Radio Stations is not allowed. The
inhabitants of Dadra and Nagar Aveli are not free to leave and enter
their territories.

S. Economic conditions are distressing. The invaders arbitrarily
increased existing taxes and introduced new ones. Their policy seems to
be to protect the Varlies, who are granted every facility. There is a
shortage of foodstuffs, and certain sections of the population are even
prevented from buying their minimum food requirements.

g. Every attempt has been made to get the local populatiori to express
approval of incorporation in the Indian Union. At first the public servants
were asked for a voluntary declaration. When this was not forthcoming
strict instructions were issued: the declaration was to be compulsory
and refusa1 to subscribe to it would mean disrnissal. Despite this, the
public servants refused to betray their country. A similar declaration was
demanded from the concessionaires of State lands under pain of seeing
the land revert to the new administration. Notwithstanding the threat,
more than 80 Christian concessionairesrefused to complp and applied for
authorization to leave for Daman.

IO. The intervention of Indian authorities in the administration of
the territories is clear. The cash in the safe of the Finance Office-
131,983.0.0 Rupees-was counted and then taken to Indian territory
by Lalbai Naique. At the end of December the Bombay State Govern-
ment sent Mr. Bharot, an Indian and a retired Civil Servant of the Indian
Union, to these Portuguese tcrritories as Administrator General. His
mission was to investigate why the public servants refused to collaborate
with the so-calIed new administrators and to settle the serious differences
dividing the latterAgain, the permits to enter and leave Dadra and Nagar
Aveli are subject to the approval of the Indian Authorities, and this
approval is indispensable inorder to cross the frontier. These facts, given
merely as examples, demonstrate clearly enough the interference of Indian
authorities in the present administration of Dadra and Nagar Aveli. II. In view of all the foregoing the Government of India cannot
escape a grave responsibility for the distressing situation of the population
of the Portuguese territones of Dadra and Nagar Aveli, people who
thro'ughou their vicissitudes have worthily displayed the fact that they
are Portuguese. The Portuguese Govemment wish to calI the attention
of the Government of India to this serious situation which causes them
so much concern, and they express the hope that the Government of
India wiii end by reconsidering the matter and permitting the Portuguese

authorities to have access to these tei-ritories. This represents a right of
the Portuguese State, whose existence is solemnly affirrnedand to whose
exercise corresponds an obligation on the part of the Indian Union that is
not to be argued away.
The. Legation avail themselves of the opportunity to renew to the
Ministry of External Affairs the assurance of their highest consicleration.
New Delhi, 6th August, 1955.

(Seal).
Ministry of External Affairs,
Government of India,
New Delhi.

Annex C. No. 89

Portuguese Delegation,
Barcelona,

the 8th April,1921.
My Dear Sir Louis,

As 1 have told you my Government: desires to arrive at a fair arrange-
ment regarding some difficulties in Iridia, where it will be very difficult
to apply the Convention we arediscussing at Barce1ona:-

(A) Transit Dam50 Nagar AveIi.-An arrangement that will be
most convenient for this transit that owing to some difficulties
arriving out of the salt trade, could be made on such basis as would
be negotiated between the two local Govemments.
(B) As the salt question is dijEcult to settle, it would be wiser
not to include this product intht:transit arrangement.

(c) Taxes.-It would be iml~ossible for the Government of
Portuguese India to suppress some taxes, which are very important
for the Indian treasure, such as the emigrants or immigrants tax
and some syecial taxes on certain goods. CouId you recomrnend to
your Govemment the advisability of trying to arrive at some agree-
ment between the t~volocal Governments in a way that would be
advantageous to both?

1 rnust Say that our Local Government can only negotiate ud referen-
dzkmof our Colonial Office, but 1am convinced that this office'sapprovalwill begranted to any agreement presented by our Local Govemment.
With my best compliments. believe me, etc.,
A. D'ANDRADE.
To

Sir Louis Kershaw,
Delegate for India at the
First General Conferenceof
Communications and Transit.

1 CERTIF hat these Annexes are either an exact copy or a faithful
translation of the relevant originals.

(Signed) BALRAJKRISHNAKAPUR,
Agent oftheGoaernment O/India.