05011949--56 Text of the truce terms transmitted to the Governments of India and Pakistan by the Commission (UN Document No. S/AC. 12/195)

05011949--56 Text of the truce terms transmitted to the Governments of India and Pakistan by the Commission (UN Document No. S/AC. 12/195)

 

I. CEASE-FIRE LINE

 

A. The cease-fire line will be the line fixed by the Commission and, except as noted below, traced in yellow on the map annexed, and based upon the factual positions occupied in January 1949 by the forces under the control of the Indian and Pakistan High Commands. Based also upon the same factual considerations, the line between Chakothi and Tithwal and from Chorwan to the north of Dras, shall be demarcated as soon as possible by the Military Adviser of the Commission. The cease-fire line shall eliminate all no-man's lands and shall be demarcated on the ground by agreement between the respective local Commanders, assisted by the Commission's Military Observers. The line shall, to the greatest extent possible, follow easily recognizable features on the ground.

 

B. The Commission's Military Adviser shall decide, without appeal, local adjustments of the cease-fire line in cases where no agreement is reached between the local Commanders.

 

C. The Commission will have Observers stationed where it deems necessary throughout the State of Jammu and Kashmir.

 

D. Observers will advise the Commission and/or the Plebiscite Administrator regarding developments in the sparsely populated and mountainous region of the territory of Jammu and Kashmir in the north. Without prejudice to the provisions of point 8 of the resolution of 5 January 1949, should the Commission and/or the Plebiscite Administrator conclude upon advice from the Observers, or upon reports from the Government of India, that it is necessary for the defence of the area, the Commission and/or the Plebiscite Administrator may request the Government of India to post garrisons at specified points.

 

II. WITHDRAWAL OF TROOPS

 

A. The Government of Pakistan agrees:

 

1. To withdraw its troops from the territory of the State of Jammu and Kashmir in seven weeks as follows:

 

(a) During the first three weeks twenty infantry battalions, plus the corresponding proportion of artillery and supporting units.

 

(b) During the following fortnight the remainder of the Pakistan troops, with the exception of eight infantry battalions.

 

(c) By the end of the seventh week, all Pakistan troops, including their ammunition, stores and material, will have left the territory of the State.

 

2. That, having secured the withdrawal of the tribesmen. from the territory of the State of Jammu and Kashmir, it shall secure the withdrawal of Pakistan nationals still in the territory of the State and not normally resident therein, who. have entered the State for the purpose of fighting.

 

B. The Government of India agrees:

 

1. To withdraw the bulk of its forces from the State of Jammu and Kashmir in stages submitted by the Commission for the agreement of the Government of India. The withdrawal will begin as soon as the Commission shall have notified the Government of India that the tribesmen and Pakistan nationals, not normally resident in Jammu and Kashmir territory who have. entered the State for the purpose of fighting, have withdrawn, and that the Pakistan troops are being withdrawn from the State of Jammu and Kashmir.

 

2. That is the schedule of the withdrawal of Indian forces. will be made public by the Commission with the schedule of the withdrawal of Pakistan forces immediately after the acceptance of these terms by both Governments.

 

C. The operations mentioned in the above paragraphs A and B will be carried out under the surveillance of the Commission through its Military Adviser.

 

III. GENERAL PROVISIONS

 

A . The territory evacuated by the Pakistan troops will be administered by the local authorities under the surveillance of the Commission.

 

B. Immediately upon the acceptance of these terms, the Commission would enter into consultations with the Government of India regarding the disposal of the Indian and State armed forces, and with the local authorities regarding the disposal of the armed forces in the territory to be evacuated by Pakistan troops, with a view to initiating implementation of point 4(a) and (b) of the Commission's resolution of 5 January 1949.

 

C. If, before expiration of the seven weeks contemplated in point II. A., decisions are reached in the consultations for the initial implementation referred to in III. B. above, the schedule of withdrawal of the Pakistan Army, as provided for in II. A. above, may be extended to three months, in order to facilitate the implementation of decisions relating to point 4 (b) of the Commission's resolution of 5 January 1949.

 

D. All prisoners of war will be released within one month.

E. The land mines to be immediately lifted by the side which shows them.

 

F. It will be made publicly known throughout the State of Jammu and Kashmir that peace, law and order will be safeguarded and that all human and political rights will be guaranteed.

 

G. These terms are without prejudice to the territorial integrity and the sovereignty of the State of Jammu and Kashmir.

 

H. These terms do not prejudice the functions and powers of the Plebiscite Administrator.

 

I. These terms will become effective and will be published by the Commission immediately upon their acceptance by both Governments.