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AGREEMENT

ON SOCIAL SECURITY

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF INDIA

AND

THE GOVERNMENT OF THE FRENCH REPUBLIC

The Government of the Republic of India,

and

The Government of the French Republic

Hereinafter referred to as the Contracting States;

wishing to arrange the mutual relations between the two countries in the field

of social security, decided to conclude an Agreement for this-purpose and

agreed as follows

PART I

GENERAL PROVISIONS

Article 1

Definitions

1. For the implementation of this Agreement :

a) The term "France" means : the French Republic ; the term "India"

means : the Republic of India.

b) The term "legislation" means : -

- for the application of Article 7 the whole social security

legislation in force in both Contracting States,

- for the application of Article 8, the legislation and the

regulations specified in Article 2.

c) The term "competent authority" means :

as regards France : the Ministers, each to the extent that he

is responsible for the implementation of the legislation specified in

paragraph 1 A) of Article 2 ;

as regards India : the Minister of Overseas Indian Affairs . for the

implementation of the legislation specified in paragraph 1B ) of Article

d) The term "competent agency" means

as regards France : the institution, the organization or the authority

responsible in full or in part for the implementation of the legislation

specified in paragraph 1 A) of Article 2;

as regards India : The Employees’ Provident Fund Organization

(EPFO), for the implementation of the legislation specified in

paragraph 1B ) of Article 2.

e) The term "Liaison agency" means the agencies specified as such

under the Administrative Arrangement

f) The term "insurance period" means : any period of contributions

or insurance recognized as such in the legislation under which

that period was completed, as well as any period recognized

as equivalent to a period of contribution or insurance under that

legislation.

g) The term "benefit" means : any pension or benefit in cash,

including any supplements or increases applicable under the

legislation specified in Article 2.

h) The term "residence "means: habitual residence.

i) The term ‘territory’ means

As regards France: the territory of the metropolitan and overseas

departments of the French Republic, including territorial seas, and any

area beyond the territorial seas over which the French Republic has

sovereign rights or jurisdiction in accordance with international law.

As regards India: the geographic areas of the Republic of India

including territorial seas, as well as the exclusive economic zones

over which, in accordance with international law, the Republic of India

has sovereign rights.

2. Any term not defined in paragraph 1 of this Article shall have the

meaning assigned to it in the applicable legislation.

Article 2

Legislative Scope

1. This Agreement shall apply :

A) as regards France,

a) to the legislation that determines the general organisation of the

social security schemes undermentioned in as much as pension and

invalidity insurances are concerned ;

b) to the legislation relating to

i). the old age pension including survivors’ pension schemes

applicable :

- to the employed persons of the non agricultural professional sector

;

- to the employed persons of the agricultural professional sector ;

- to the self-employed persons of the non agricultural professional

sector excepting the provisions relating to the complementary

pension schemes ;

- to the self-employed persons of the agricultural professional sector

;

- to the employed persons covered by special schemes

unless

otherwise provided in this agreement.

ii). to the invalidity insurance including survivors’ pension applicable to

the persons referred to in sub paragraph i)above.

B) as regards India, to all

legislations concerning:

(i) old-age and survivors' pension for employed persons;

(ii) the Permanent Total Disability pension for employed

persons

2. a). This Agreement shall also apply to all legislations which will

amend or extend the legislation specified in paragraph 1 of this Article.

b). It shall apply to any legislation which will extend the existing

schemes to new categories of beneficiaries, unless, in this respect,

the Contracting State which has amended its legislation notifies

within six months of the official publication of the said legislation the

other Contracting State of its objections to the inclusion of such new

categories of beneficiaries.

c) This Agreement shall not apply to legislations that establish a

new social security branch, unless the competent authorities of the

Contracting States agree on this application.

Article 3

Personal Scope

Unless otherwise specified, this Agreement shall apply to all persons

who are or have been subject to the legislation of either of the

Contracting States, and other persons who derive rights from such

persons.

Article 4

Equality of Treatment

Unless otherwise provided in this Agreement, the persons specified

in Article 3, who ordinarily reside in the territory of a Contracting

State, shall receive equal treatment with nationals of that Contracting

State in the application of the legislation of that Contracting State as

defined in Article 1, b), 1

dash.

Article 5

Export of Benefits

1. Unless otherwise specified in this Agreement, a Contracting

State shall not reduce or modify benefits acquired under its

legislation solely on the ground that the beneficiary stays or resides

in the territory of the other Contracting State. This provision is not

applied to non-contributory benefits which are granted only in the

territory of the contracting Sate responsible for their payment.

2. The old age, survivors' and invalidity benefits due by virtue of

the French legislation are paid to the Indian nationals residing in

the territory of a third State, under the same conditions as if they

were French nationals residing in the territory of such third State.

3. The old-age, survivor's and disability benefits due by virtue of

the Indian legislation, are paid to the French nationals residing in

the territory of a third State, under the same conditions as if they

were Indian nationals residing in the territory of such third State.

Article 6

Reduction, suspension or withdrawal Clauses

1. The reduction, suspension or withdrawal clauses provided for in

the legislation of one Contracting State, in case of overlapping of

social security benefits or in case a benefit coincides with other

incomes of any kind, shall be applied to the beneficiaries, even if

these benefits were acquired by virtue of a scheme of the other

Contracting State, or if the income is gained in the territory of the

other Contracting State. However, this provision shall not apply to

benefits of the same kind calculated in accordance with Article 12.

2. The reduction, the suspension or withdrawal clauses provided for

in the legislation of one Contracting State in case the beneficiary of

invalidity benefits or anticipated old age benefits has a professional

activity can be applied even though the activity is done in the

territory of the other Contracting State.

PART II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Article 7

General Provisions

Subject to Articles 8 to 10, the applicable legislation is

determined according to the following provisions :

a) a person who works as an employee in the territory of a

Contracting State shall, with respect to that employment, be

subject only to the legislation of that Contracting State;

b) a person who works as a self-employed person in the territory of a

Contracting State shall, with respect to that activity, be subject only to

the legislation of that Contracting State ;

c) a person who is a member of the travelling or flying personnel of

an enterprise which, for hire or reward or on its own account, operates

international transport services for passengers or goods and has its

registered office in the territory of a Contracting State shall be

subject to the legislation of that Contracting State.

d) a person who works as an employee on board a ship that flies the

flag of a Contracting State, shall be subject to the legislation of that

State.

Article 8

Special Provisions

1. A person who usually pursues an activity as an employed

person in a Contracting State on behalf of an employer which

normally carries out its activities there and who is posted by that

employer to the other Contracting State to perform work on that

employer's behalf, shall remain subject to the legislation of the former

Contracting State as regards the legislation referred to in Article 2

paragraph 1 A) b i) in respect of France and paragraph 1 B) (i) in

respect of India and shall be exempted from paying contributions to the

social security schemes under the legislation of the latter Contracting

State for the maximum duration of 60 months.

2. Paragraph 1 of this Article shall apply where a person who has

been sent by his employer from the territory of one Contracting State

to the territory of a third country is subsequently sent by that

employer from the territory of the third country to the territory of the

other Contracting State.

Article 9

Civil Servants, Members of Diplomatic Missions and Consular Posts

1. Civil servants and equivalent personnel and their family members,

if not engaged in any professional activity, are subject to the

legislation of the Contracting State whose administration employs

them.

2. This Agreement shall not affect the provisions of the Vienna

Convention on Diplomatic Relations of April 18, 1961, or the Vienna

Convention on Consular Relations of April 24, 1963.

Article 10

Exceptions to articles 7 to 9

In the interest of certain insured persons or certain categories of

insured persons, the competent authorities or agencies designated

for this purpose can, by mutual agreement, provide for exceptions to

the provisions of Articles 7 to 9 provided that the affected persons shall

be subject to the legislation of one of the Contracting States.

PART III

PROVISIONS ON BENEFITS

Article 11

Totalization of Insurance periods

1. When insurance periods have been completed under the legislation

of the two Contracting States, the competent agency of each

Contracting State shall, in determining eligibility for benefits under the

legislation which it applies, take into account, if necessary, insurance

periods under the legislation of the other Contracting State, provided

that such insurance periods do not overlap with insurance periods under

its legislation.

2. If the legislation of either of the Contracting States subordinates the

granting of certain old-age or survivors’ benefits to the condition that the

insurance periods are to be completed under a special scheme or in a

given occupation or job, only insurance periods completed under an

equivalent scheme or in the same occupation in the other Contracting

State shall be totalized for admission to entitlement to these benefits.

3. Insurance periods completed under a special scheme of one of the

States are taken into account under the general scheme of the other

State for the acquisition of the right to benefits provided that the

concerned person was affiliated to that scheme, even if these periods

were already taken into account by the latter State under a scheme

specified in paragraph 2.

4. The provisions of the paragraph 2 shall not apply to the French

special schemes for civilian and military State civil servants, local

government civil servants, hospital civil servants and workers in State

industrial plants with regard to entitlement to the special scheme

benefits. Nevertheless in order to determine the pension rate the French

special schemes of civilian and military State civil servants, local

government civil servants, hospital civil servants and workers in State

industrial plants shall take into account insurance periods completed

pursuant to the Indian legislation when calculating insurance duration

completed under one or more other basic and compulsory retirement

schemes.

5. In relations between the Contracting States the liabilities arising from

social security instruments with third states will be taken into account in

so far as these instruments determine aggregation of insurance periods

for entitlement to pension.

Article 12

Calculation of old age, survivor and invalidity Benefits

1. If a person is entitled to an old age, survivor and invalidity benefit

under the legislation of one Contracting State without taking into

account the insurance periods completed under the legislation of the

other Contracting State, the agency of the first Contracting State shall

determine the benefits on the basis of the insurance periods completed

exclusively under its legislation.

2. That competent agency shall also calculate the amount of old age or

survivor’s benefit by applying the rules specified in paragraph 3 (a) and

(b). Only the higher of the two amounts shall be taken into

consideration.

3. If, under the legislation of one Contracting State, a person is

entitled to a benefit solely on the basis of the totalization of insurance

periods completed under the legislation of the other Contracting State or

the third state, if necessary, within the meaning of Article 11, then the

competent agency of the first Contracting State:

(a) shall calculate the theoretical amount of the benefit which

could have been claimed as if all insurance periods had been

completed under its legislation; and

(b) then on the basis of the theoretical amount calculated in

accordance with subparagraph (a) - determine the amount of the benefit

payable by applying the ratio of the duration of the insurance periods

completed under its legislation to the total insurance periods. The total

duration shall be limited to the maximum duration, if any, required by

the legislation applied by that Contracting State in order to be entitled to

a full-rate benefit.

Article 13

Periods less than one year

1. If the total duration of insurance periods completed under the

legislation of one of the Contracting States is less than one year the

relevant institution of this State shall not be required to use totalization

provided for in Articles 11 & 12 in order to award a pension.

Nevertheless if only these periods are sufficient to be entitled to a

pension under this legislation the pension shall be paid on this basis.

2. The periods referred to in paragraph 1 shall yet be taken into

account for entitlement and calculation of pension rights under the

legislation of the other Contracting State in accordance with the

provisions of Articles 11 and 12.

3. Notwithstanding the provisions of the abovementioned paragraphs 1

to 2 in case the periods completed in both contracting States are less

than one year they shall be totalised in accordance with Article 11 & 12,

if by totalizing the claimant is entitled to benefits under the legislation of

one or both of the Contracting States.

Article 14

1. If because of the rising cost of living, the variation of the wage levels

or other adaptation clauses, the old-age, survivors’, invalidity or

disability benefits of either Contracting State are changed with a given

percentage or amount, that percentage or amount should be directly

applied to the old-age, survivors’, invalidity or disability benefits of that

Contracting State, without the other Contracting State having to proceed

to a new calculation of the old-age, survivors’, invalidity or disability

benefits.

2. On the other hand, in case of modification of the rules or of the

computation process with regard to the establishment of the old-age,

survivors’ or invalidity benefits a new computation shall be performed

according to Article 11 & 12.

Article 15

Family Benefits

Workers referred to in Article 8 of the agreement shall be entitled in the

territory of the State where their occupational activities are carried out to

family benefits awarded under the conditions provided for under the

legislation of that State.

PART IV

MISCELLANEOUS PROVISIONS

Article 16

Responsibilities of the Competent Authorities

The competent authorities:

a) shall take, by means of an administrative arrangement or an

agreement the measures required to implement this Agreement,

including measures concerning taking into account of insurance

periods, and shall designate the liaison agencies and the

competent agencies ;

b) shall define the procedures for mutual administrative assistance,

including the sharing of expenses associated with obtaining

medical, administrative and other evidence required for the

implementation of this Agreement ;

c) shall directly communicate to each other any information

concerning the measures taken for the application of this

Agreement ;

d) shall directly communicate to each other, as soon as possible, all

changes in their legislation to the extent that these changes

might affect the application of this Agreement.

Article 17

Administrative Collaboration

1. For the implementation of this Agreement, the competent authorities

as well as the competent agencies of both Contracting States shall

assist each other with regard to the determination of entitlement

to, or payment of, any benefit under this Agreement as they would for

the application of their own legislation. In principle, this assistance shall

be provided free of charge. However, the competent authorities may

agree on the reimbursement of some expenses.

2. The benefit of the exemptions or reductions of taxes, of stamp

duties or of registration or recording fees provided for by the

legislation of one Contracting State in respect of certificates or other

documents which must be produced for the application of the

legislation of that State shall be extended to certificates and similar

documents to be produced for the application of the legislation of the

other State.

3. Documents and certificates which must be produced for the

implementation of this Agreement shall be exempt from authentication

by diplomatic or consular authorities. Copies of documents which are

certified as true and exact copies by the competent agency of one

Contracting State shall be accepted as true and exact copies by

the competent agency of the other Contracting State, without further

certification.

4. For the implementation of this Agreement, the competent

authorities and agencies of the Contracting States may communicate

directly with each other as well as with any person, regardless of the

residence of such persons. Such communication may be made in

one of the languages used for the official purposes of the Contracting

States. An application or document may not be rejected by the

competent authority or competent agencies of a Contracting State

solely because it is in an official language of the other Contracting

State.

Article 18

Claims, Notices and Appeals

1. Claims, notices or appeals which, according to the legislation of one

of the Contracting States, should have been submitted within a

specified period to the competent authority or agency of that

Contracting State, are acceptable if they are presented within the

same specified period to a competent authority or agency of the other

Contracting State. In this case, the Claims, notices or appeals must

be sent without delay to the competent authority or agency of the

former Contracting State, either directly or through the competent

authorities of the Contracting States. The date on which these Claims,

notices or appeals have been submitted to a competent authority or

agency of the second Contracting State shall be considered to be

the date of submission to the competent authority or agency

authorized to accept such Claims, notices or appeals.

2. An application for benefits under the legislation of one Contracting

State shall be deemed to be also an application for a benefit of same

nature under the legislation of the other Contracting State provided

that the applicant so wishes and provides information indicating

that insurance periods have been completed under the legislation of

the other Contracting State.

Article 19

Confidentiality of Information

Unless otherwise required by the national laws and regulations of a

Contracting State, information about an individual which is

transmitted in accordance with this Agreement to the competent

authority or agency of that Contracting State by the competent

authority or agency of the other Contracting State shall be used

exclusively for purposes of implementing this Agreement and the

legislation to which this Agreement applies. Such information

received by a competent authority or agency of a Contracting State

shall be governed by the national laws and regulations of that

Contracting State for the protection of privacy and confidentiality of

personal data.

Article 20

The collection of contributions and the recovery of benefits not due

1. Decisions ruled by a court of one of the Contracting States on

Social Security contributions or taxes and on other requests,

particularly the recovery of benefits not due, are recognised in the

jurisdiction of the other Contracting State. The decision is

accompanied by a document certifying that it is enforceable.

2. Recognition can only be refused if it is not in accordance with the

legal principles of the Contracting State under the jurisdiction of which

the decision must be carried out.

3. Proceedings must be in accordance with the legislation governing

the execution of such decisions of the Contracting State under whose

jurisdiction they must be executed.

4. The contributions and social taxes payable to and the benefits not

due but paid by the competent agency of one of the Contracting State

have, in the case of proceedings, bankruptcy or enforced liquidation in

the jurisdiction of the other Contracting State, the same priority as

equivalent claims under the Contracting State’s jurisdiction.

5. Claims subject to collection or enforced collection are protected by

the same guarantees and liens as claims of the same nature of a

competent agency located in the Contracting State in which the

collection or enforced collection takes effect.

Article 21

Fraud Prevention

Conditions for affiliation and eligibility based on residency

1. The Contracting States shall inform each other of provisions in their

legislations on the determination of residency in their respective

territories.

2. The competent agency of one Contracting State examining the

conditions under which a person is entitled to, due to residence in the

Contracting State’s territory, either affiliation to a Social Security

system or to a benefit, may, if it is deemed necessary, contact the

competent agency of the other Contracting State in order to ensure

that this person is an actual resident in one or the other contracting

States.

3. The competent agency which is contacted must provide relevant

information in its possession which could clear up any doubt on the

person’s residency.

Assessment of income

4. The Competent agency of a Contracting State whose legislation is

applicable may, when it is deemed necessary, ask the competent

agency of the other Contracting State about resources and income of all

kinds, which a person subject to the said legislation and therefore liable

to pay contributions or social taxes, may be entitled to in the territory of

that Contracting State.

5. The provisions in the first paragraph apply in the same way when

the Competent agency assesses a person’s right to a means-tested

benefit.

Article 22

Payment of Benefits

1. Payments of benefits under this Agreement may be made in the

currency of either Contracting State.

2. In the event that a Contracting State imposes currency controls or

other similar mea su re s that restrict payments, remittance or

transfers of funds or financial instruments to persons who are

outside that Contracting State, it shall, without delay, take

appropriate measures to ensure the payment of any amount that

must be paid in accordance with this Agreement to persons

described in Article 3 who reside in the other Contracting State or a

third State.

Article 23

Resolution of Disputes

Disputes which arise in interpreting or applying this Agreement

shall be resolved, to the extent possible, by the competent

authorities.

PART V

TRANSITIONAL AND FINAL PROVISIONS

Article 24

Events prior to the entry into force of the Agreement

1. This Agreement shall also apply to events which occurred prior to its

entry into force.

2. This Agreement shall not create any entitlement to benefits for any

period prior to its entry into force.

3. All insurance periods completed under the legislation of one of the

Contracting States prior to the date on which this Agreement enters into

force shall be taken into consideration in determining entitlement to

any benefit in accordance with the provisions of this Agreement.

4. This Agreement shall not apply to rights that were liquidated by the

granting of a lump sum payment or the reimbursement of contributions.

5. In applying Article 8 in case of persons who were sent to a

Contracting State prior to the date of entry into force of this

Agreement, the periods of employment referred to in that Article

shall be considered to begin on that date.

Article 25

Revision, prescription, forfeiture

1. Any benefit that was not paid or that was suspended by reason

of the nationality of the interested person or by reason of his

residence in the territory of a Contracting State other than that in

which the competent agency responsible for payment is located,

shall, on application by the interested person, be paid or restored

from the entry into force of this Agreement.

2. The entitlement of interested persons who, prior to the entry

into force of this Agreement, obtained the payment of a benefit

may be revised upon application by those persons, in accordance

with the provisions of this Agreement. In no case shall such a

revision result in a reduction of the prior entitlement of the

interested persons.

3. If the application referred to in paragraph 1 or 2 of this Article

is made within two years of the date of the entry into force of this

Agreement, any entitlement arising from the implementation of this

Agreement shall be effective from that date, and the legislation of

either Contracting State concerning the forfeiture or the

prescription of rights shall not be applicable to such interested

persons.

4. If the application referred to in paragraph 1 or 2 of this Article

is made after two years following the entry into force of this

Agreement, the entitlements which are not subject to forfeiture or

which are not yet prescribed shall be acquired from the date of the

application, unless more favourable legislative provisions of the

Contracting State concerned are applicable.

Article 26

Duration

This Agreement is concluded without any limitation on its duration.

It may be terminated by either Contracting state, through

diplomatic channels, giving twelve months’ notice in writing to the

other State.

Article 27

Guarantee of rights that are acquired or in the course of acquisition

In the event of termination of this Agreement, any rights and payment

of benefits acquired by virtue of the Agreement shall be maintained.

The Contracting States shall make arrangements regarding the

rights in the course of acquisition.

Article 28

Entry into Force

The Contracting States shall notify each other, through diplomatic

channels, of the completion of their respective constitutional and legal

procedures required for the entry into force of this Agreement. This

Agreement shall enter into force on the first day of the third month

following the date of receipt of the last notification.

IN WITNESS WHEREOF, the undersigned, being duly authorized

thereto, have signed this Agreement.

DONE at Paris, on the 30

September, 2008 in duplicate in the

English, French and Hindi languages, all three texts being equally

authentic.

FOR GOVERNMENT

OF THE REPUBLIC OF INDIA:

FOR THE GOVERNMENT

OF THE FRENCH REPUBLIC: