Agreement on Bus Service Between Quetta and Kandahar

Status: In force


This Agreement is entered into by and between the Government of the Islamic Republic of Pakistan and the Government of the Islamic Republic of Afghanistan (hereinafter referred to individually as “Party” and collectively as “Parties,” or also referred to individually as “Government” and collectively as “Governments”). The Parties,

Desiring to explore possibilities of expansion and promotion of vehicular traffic between the two countries on the basis of mutual benefit and reciprocity and with a view to strengthening interaction between the peoples of the two countries on the basis of common interests, by operating a passenger bus service between Quetta (Pakistan) and Kandahar (Afghanistan),

Have agreed as follows: -

1.            Unless there is anything repugnant to the subject or context, the following terms shall mean:

(a)          “Act” means the Provincial Motor Vehicles Ordinance, W. P. Ord. XIX of 1965 of Pakistan, and Motor Vehicles Law of Afghanistan (as hereinafter enacted or amended).

(b)          “Authorization” means permission to ply the transport vehicle on the Scheduled Service Route.

(c)           “Authorization Fee” means the fee to be paid by the permit holder of Permit of one country to the other country for obtaining authorization.

(d)          “Bus Crew” means driver and conductor.

(e)          “Certificate of Fitness” means a certificate issued by the Competent Authorities of Afghanistan or Pakistan, testifying to the fitness of the Transport Vehicle to ply on the road.

(f)           “Transport Vehicle” means a motor vehicle (Coach or Bus) for the carriage of passengers for hire or reward, between Afghanistan and Pakistan, subject to such restrictions on the gross laden weight, wheel base, seating capacity, etc. of vehicles as may exist under the Act in either country from time to time.

(g)          “Competent Authority” means:

2.            In relation to “Permits,” an authority competent to issue such a permit authorized by the Government concerned;

3.            In relation to “Driving License” an authority competent to issue a driving license authorized by the Government concerned.

(a)          “Driving License” means a License issued under paragraph-4 of Article-IV.

(b)          “Forms” means any of the two form/(s) given in the Schedulers.

(c)           “Insurance Policy” means a policy of insurance which covers comprehensive or third party risks, arising out of the use of a Transport Vehicle and which complies with the requirements of the respective laws of Afghanistan and Pakistan.

(d)          “Passenger” means a person in possession of a valid ticket for travel for the Sector, Quetta-Kandahar-Quetta or Kandahar-Quetta-Kandahar and a valid passport, or any other travel document, which may be mutually agreed, along with permission, including visa, for entry into Afghanistan or Pakistan.

(e)          “Registration Certificate” when used with reference to a Transport Vehicle means the registration certificate issued under the Act.

(f)           “Permit” means a permit issued by Competent Authority of one country and countersigned by the Competent Authority of the other country authorizing the Transport Vehicle to ply on the Scheduled Service Routes, as specified in the Permit.

(g)          “Scheduled Service Routes” means the routes along with the time schedule and other related operational aspects specified the Protocol of this Agreement.

Article-II

1.            This Agreement shall not in any way affect the provisions of any other agreement(s) already in force between the Governments of Afghanistan and Pakistan.

Article-Ill

1.            A Permit shall be in the form set out in Schedule-I hereto and shall be non-transferable.

2.            A Permit shall be valid for one year and renewable upto five years on a yearly basis.

Article-IV

1.            A Transport Vehicle registered in one country when entering in the other country shall be so constructed and maintained as to be at all times under the effective control of the person driving it.

2.            A Transport Vehicle referred to in Schedule (I) shall have:

3.            A valid Registration Certificate;

4.            A valid Certificate of Fitness;

5.            A valid Insurance Policy.

6.            All the documents referred to in Para 2 above, shall be in the possession of the person driving the Transport Vehicle at the time of entering the other country and during the entire period of stay of the Transport Vehicle.

7.            The person driving a Transport Vehicle shall be in possession of a valid Driving License issued by the Competent Authority of a Party to drive such a vehicle and driver’s badge.

8.            If, for any reason, a driver/conductor referred to in paragraph 4 above is unable to perform his duties in the other country, a driver or a conductor in possession of a valid appropriate license issued by the Competent Authority of that country, may drive or act as a conductor of the Transport Vehicle.

9.            A driver or conductor shall, throughout his/her stay in the other country while on duty, display his badge and shall be in prescribed uniform.

10.          In addition to the registration number assigned to a Transport Vehicle by the Competent Authority of the respective Governments, the following particulars shall be painted in English and national languages, (each letter being not less than one inch (2.5 cm) high and one inch (2.5 cm) wide legibly painted on a plain surface or a place or places affixed to the vehicles):

11.          Quetta-Kandahar-Quetta or Kandahar-Quetta-Kandahar (on front and back).

12.          Name of the operator of the bus service (on the sides).

Article-V

1.            The driver and conductor of a Transport Vehicle may carry such personal effects, as may be necessary, having regard to the period of their stay in the host country subject to conditions specified in the Customs Rules of the two countries. The personal effects, the fuel contained in the usual supply tank of the Transport Vehicles, standard, accessories and essential spares shall be exempted from duties and taxes. There shall, however, be no refund of duties and taxes on fuel and spare parts purchased in the other country.

2.            In case of over-stay due to repair of Transport Vehicles or other unforeseen circumstances, the Permit holder shall inform the Competent Authority of the host country, which may extend the validity of the Permit for the required period in genuine cases.

Article-VI

1.            The Transport Vehicle to be operated under this Agreement shall be insured by a registered insurance company against passenger and comprehensive loss.

2.            Each Party shall provide facilities to the insurance company of the other Party to carry out all necessary steps such as survey, assessment, investigation and settlement of claims as an agent of the concerned insurer of the other country and facilitate remittance in connection with such operation.

3.            In the event of an accident, resulting in damage to a third party property or loss of life or injuries to third parties, each Party shall provide facilities to the persons concerned in accordance with the laws of the respective country.

4.            Notwithstanding anything to the contrary in Paragraph 1, 2 or 3 of this Article, the requirements set forth in this Article VI shall go into effect on a date mutually agreed upon by the Parties, which may not be more than six months from the date of the signing of this Agreement.

Article-VII

1.            The Driving License granted by the Competent Authority of a Party shall be recognized by the Competent Authority of the other Party.

Article-VIII

1.            Each Party agrees that no motor vehicle tax shall be levied on Transport Vehicles registered in the other country and operating under this Agreement.

Article-IX

1.            Each party agrees that the Transport Vehicles, plying on the Scheduled Service Routes, which are registered in a country, shall be exempted from permit fee in the other country on reciprocal basis.

Article-X

1.            No Transport Vehicle registered in Pakistan and operating under this Agreement, shall be engaged in the transport of passengers from any point in Afghanistan to any other point in Afghanistan. Similarly no transport vehicle registered in Afghanistan and operating under this agreement shall be engaged in the transport of passengers from any point in Pakistan to any other point in Pakistan.

Article-XI

1.            During stay in the territory of the other country, the holder of the Permit shall observe the laws and regulations in force in that country. The Passengers en route, shall however be allowed to disembark at the selected service area/(s) and the movement shall be restricted to the territory of the service area/(s).

Article-XII

1.            Each Party shall be responsible for the security of the Transport Vehicle, Bus Crew and Passengers of the other country during the period it/they are within the territory of its country and shall make suitable security arrangements for this purpose.

Article-XIII

1.            Nothing in this Agreement shall be construed as exempting any person from the application of rules and regulations regarding entry wherever applicable.

Article-XIV

1.            No Transport Vehicle registered in one country shall be required to be simultaneously registered in the other country.

Article-XV

1.            The Parties agree to issue appropriate instructions to the respective authorities at all levels, including designation of specific authorities, for the effective implementation of this Agreement.

Article-XVI

1.            The Parties agree to review the Agreement every two years in the light of its implementation.

2.            The Ministry of Communications of the Government of the Islamic Republic of Pakistan and the Ministry of Transport of the Islamic Republic of Afghanistan shall enter into immediate consultations at the request of either side and implement measures to overcome any difficulty that may arise in the effective implementation of this Agreement.

Article-XVII

1.            All disputes concerning the interpretation and application of this Agreement shall be settled through negotiations between the Parties.

Article-XVIII

1.            This Agreement may be modified, amended and reviewed at any time by the Parties through mutual written consent, as and when necessary.

Article-XIX

1.            The Parties agree to set up separate Standing Committees for review of the Agreement and the Operational Protocol. These Committees shall meet at a place and time to be decided through mutual consultations. The Ministry of Communications of the Government of the Islamic Republic of Pakistan and the Ministry of Transport of the Government of the Islamic Republic of Afghanistan will act as the focal points for convening the meeting to review the Agreement and the Protocol.

Article-XX

1.            This Agreement shall enter into force upon signature and shall remain valid for a period of five years, and shall be automatically renewed for a further period of five years unless terminated by either Party.

2.            Either Party may terminate this Agreement at any time by giving notice of three months to the other Party.

3.            Done on this 23rd Day of March 2005, at Islamabad, Pakistan, in two originals each in English and Dari languages, all the texts being equally authentic. In case of any discrepancy in the text or difference in interpretation, the English text shall prevail.

For the Government of the Islamic Republic of Pakistan for the Government of the Islamic Republic of Afghanistan

 

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