Page:United States Statutes at Large Volume 61 Part 3.djvu/294

 I1STAT.] INDIA-AIR TRANSPORT SERVICES-NOV. 14, 1946 (1) If one of the Contracting Parties on receipt of the noti- fication referred to in Paragraph (D) above is dissatisfied with the rate proposed by the air line or air lines of the other Contracting Party, it shall so notify the other Con- tracting Party prior to the expiration of the first fifteen of the thirty days referred to, and the Contracting Parties shall endeavour to reach agreement on the proposed rate. (2) In the event that such agreement is reached, each Con- tracting Party will exercise its statutory powers to give effect to such agreement. (3) If agreement has not been reached at the end of the thirty- day period referred to in Paragraph (D) above, the pro- posed rate may, unless the aeronautical authorities of the country of the air line concerned see fit to suspend its application, go into effect provisionally pending the set- tlement of any dispute by submitting the question to the Provisional International Civil Aviation Organisation, as provided in Paragraph (G) below; provided, however, that if the Provisional International Civil Aviation Or- ganisation, or its successor, has not rendered its report on the matter in dispute within a period of ninety days from the date of the submission to it of the question, the Con- tracting Party raising the objection to the proposed rate may take such steps as it may consider necessary to pre- vent the inauguration or continuation of the service in question at the rate complained of. (F) In the event that the power referred to in Paragraph (E) above has not been conferred by law upon the aeronautical authorities of the United States, the following procedure shall apply: (1) If one of the Contracting Parties on receipt of the notifica- tion referred to in Paragraph (D) above is dissatisfied with the rate proposed by the airline or airlines of the other Contracting Party it shall so notify the other Contracting Party prior to the expiration of the first fifteen of the thirty (lays referred to and the Contracting Parties shall endeavour to reach agreement on the appropriate rate. (2) In the event that such agreement is reached, each Contract- ing Party will use its best efforts to cause such agreed rate to be put into effect by its air line or air lines. It is recognised that if such efforts are not successful the Con- tracting Party raising the objection to the rate may take such steps as it may consider necessary to prevent the inauguration or continuation of the service in question at the rate complained of. (3) If agreement has not been reached at the end of the thirty days period referred to in Paragraph (D) above the Con- tracting Party raising the objection to the rate may, if it so elects, take such steps as it may consider necessary to prevent the inauguration or continuation of the service in 2577 Notice of dissatis faction with proposed rate. Provisional rate pending settlement of dispute. Procedure if power to fix rates, etc., is not conferred.

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