AGREEMENTBETWEEN JAPAN AND THE REPUBLIC OF INDIA
ON SOCIAL SECURITY

AGREEMENTBETWEEN JAPAN AND THE REPUBLIC OF INDIA
ON SOCIAL SECURITY
Japan and the Republic of India,
Being desirous of regulating their mutual relations in
the field of social security,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
1.

For the purpose of this Agreement:(a)

The term “India” means the Republic of India;(b)

The term “national” means,
as regards Japan,
a Japanese national within the meaning of the law
on nationality of Japan,
as regards India,
a person of Indian nationality;(c)

The term “legislation” means,
as regards Japan,
the laws and regulations of Japan concerning theJapanese pension systems specified in paragraph 1
of Article 2,
as regards India,
the laws and regulations specified in paragraph 2
of Article 2;(d)

The term “competent authority” means,
as regards Japan,
any of the Governmental organizations competentfor the Japanese pension systems specified inparagraph 1 of Article 2,
as regards India,
the Minister of Overseas Indian Affairs;

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(e)

The term “competent institution” means,
as regards Japan,
any of the insurance institutions, or any
association thereof, responsible for the
implementation of the Japanese pension systems
specified in paragraph 1 of Article 2,
as regards India,
the Employees’ Provident Fund Organization(EPFO);(f)

The term “period of coverage” means a period ofcontribution under the legislation of aContracting State and any other period taken into
account under that legislation for establishingentitlement to benefits,
however, a period which shall be taken into
account, for the purpose of establishingentitlement to benefits under that legislation,
pursuant to other agreements on social security
comparable with this Agreement shall not be
included; and(g)

The term “benefit” means a pension or any othercash benefit under the legislation of aContracting State.

2.
For the purpose of this Agreement, any term notdefined in this Agreement shall have the meaning assigned
to it under the applicable legislation.
Article 2
Scope of the Agreement
This Agreement shall apply,1.
as regards Japan, to the following Japanese pension
systems:(a)the National Pension (except the National PensionFund);(b)

the Employees’ Pension Insurance (except the
Employees’ Pension Fund);(c)the Mutual Aid Pension for National Public
Officials;

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(d)

the Mutual Aid Pension for Local Public Officials
and Personnel of Similar Status (except thepension system for members of local assemblies);
and

(e)

the Mutual Aid Pension for Private School
Personnel;(the Japanese pension systems specified in (b) to(e) shall hereinafter be referred to as the“Japanese pension systems for employees”),
however, for the purpose of this Agreement, theNational Pension shall not include the Old Age
Welfare Pension or any other pensions which are
granted on a transitional or complementary basis
for the purpose of welfare and which are payable
wholly or mainly out of national budgetary
resources; and2.
as regards India, to all laws and regulations
concerning:(a)old-age and survivors’ pension for employedpersons; and(b)the permanent total disability pension for
employed persons.
Article 3
Persons Covered

This Agreement shall apply to a person who is or has
been subject to the legislation of a Contracting State andother persons who derive rights from such person.
Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, thepersons 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 theapplication of the legislation of that Contracting State.
However, the foregoing shall not affect the provisions
on complementary periods for Japanese nationals on thebasis of ordinary residence outside the territory of Japan
under the legislation of Japan.

- 3 -Article 5
Payment of Benefits Abroad
1.
Unless otherwise provided in this Agreement, any
provision of the legislation of a Contracting State which
restricts entitlement to or payment of benefits solely
because the person ordinarily resides outside the territoryof that Contracting State shall not be applicable topersons who ordinarily reside in the territory of the other
Contracting State.
However, the foregoing shall not affect the provisionsof the legislation of Japan which require a person who isaged 60 or over but under 65 on the date of the first
medical examination or of death to reside ordinarily in the
territory of Japan for the acquisition of entitlement to
the Disability Basic Pension or the Survivors’ Basic
Pension.
2.
Benefits under the legislation of a Contracting State
shall be paid to nationals of the other Contracting State
who ordinarily reside in the territory of a third country,
under the same conditions as if they were nationals of thefirst Contracting State.
3.
Payments of benefits under this Agreement tobeneficiaries who reside in the territory of the other
Contracting State are effected directly in freely
convertible currencies.
In case provisions for restricting the exchange ofcurrencies or remittance are introduced by either
Contracting State, the Governments of both Contracting
States shall immediately consult on the measures necessary
to ensure the payments of benefits by that Contracting
State under this Agreement.
PART IIPROVISIONS CONCERNING
THE APPLICABLE LEGISLATION
Article 6
General Provisions
Unless otherwise provided in this Agreement, 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.

- 4 -Article 7
Special Provisions
1.
Where a person who is covered under the legislation ofa Contracting State and employed in the territory of thatContracting State by an employer with a place of businessin that territory is sent by that employer, either fromthat territory or from a territory of a third country, towork on that employer’s behalf in the territory of theother Contracting State, the employee shall be subject only
to the legislation of the first Contracting State as ifthat employee were working in the territory of the firstContracting State, provided that the period of suchdetachment is not expected to exceed five years.
2.
If the detachment referred to in paragraph 1 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the employee remains
subject only to the legislation of the first Contracting
State.
Article 8
Employees on Board a Sea-Going Vesselor on an Aircraft
1.
Where a person works as an employed person on board a
sea-going vessel flying the flag of a Contracting State andwould otherwise be subject to the legislation of bothContracting States, that person is subject only to thelegislation of that Contracting State.
Notwithstanding the foregoing, that person shall be
subject only to the legislation of the other Contracting
State, if that person is employed by an employer with aplace of business in the territory of that other
Contracting State.
2.
A person who works as an employee on an aircraft ininternational traffic shall, with respect to that
employment, be subject only to the legislation of theContracting State in whose territory the employer islocated.
Article 9Members of Diplomatic Missions,
Members of Consular Posts and Civil Servants
1.
This Agreement shall not affect the provisions of theVienna Convention on Diplomatic Relations of April 18,
1961, or the Vienna Convention on Consular Relations ofApril 24, 1963.

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2.
Subject to paragraph 1 of this Article, where any
civil servant of a Contracting State or any person treatedas such in the legislation of that Contracting State issent to work in the territory of the other Contracting
State, that person shall be subject only to the legislationof the first Contracting State as if that person were
working in the territory of the first Contracting State.
Article 10
Exceptions to Articles 6 to 9
At the request of an employee and an employer, thecompetent authorities or the competent institutions of bothContracting States may agree to grant an exception to
Articles 6 to 9 in the interest of particular persons or
categories of persons, provided that such persons or
categories of persons shall be subject to the legislationof one of the Contracting States.
Article 11
Spouse and Children
While a person works in the territory of Japan and issubject only to the legislation of India in accordance with
Article 7, paragraph 2 of Article 9 or Article 10, thespouse or children coming with that person shall be
exempted from the legislation of Japan concerning theJapanese pension system specified in paragraph 1(a) of
Article 2 provided that the requirements specified in thelegislation of Japan concerning the enforcement of theagreements on social security are fulfilled. However, whenthose spouse or children so request, the foregoing shallnot apply.
Article 12
Compulsory Coverage
Articles 6 to 8, paragraph 2 of Article 9 and Article
11 shall apply only to compulsory coverage under thelegislation of each Contracting State.

- 6 -PART IIIPROVISIONS CONCERNING BENEFITS
Chapter 1
Provisions concerning Japanese Benefits
Article 13
Totalization
1.
Where a person does not have sufficient periods ofcoverage to fulfill the requirement for entitlement toJapanese benefits, the competent institution of Japan shalltake into account, for the purpose of establishingentitlement to those benefits under this Article, theperiods of coverage under the legislation of India insofar
as they do not coincide with the periods of coverage under
the legislation of Japan.
However, the foregoing shall not apply to theadditional pension for specified occupations under themutual aid pensions and the lump-sum payments equivalent to
the refund of contributions.
2.
In applying paragraph 1 of this Article, the periodsof coverage under the legislation of India shall be taken
into account as periods of coverage under the Japanesepension systems for employees and as corresponding periodsof coverage under the National Pension.
Article 14
Special Provisions concerning Disability Benefits
and Survivors’ Benefits
1.
Where the legislation of Japan requires forentitlement to disability benefits or survivors’ benefits(except the lump-sum payments equivalent to the refund ofcontributions) that the date of the first medical
examination or of death lies within specified periods ofcoverage, this requirement shall be deemed to be fulfilled
for the purpose of establishing entitlement to thosebenefits if such a date lies within the periods of coverage
under the legislation of India.
However, if entitlement to disability benefits orsurvivors’ benefits (except the lump-sum payments
equivalent to the refund of contributions) under the
National Pension is established without applying this
Article, this Article shall not be applied for the purposeof establishing entitlement to disability benefits orsurvivors’ benefits (except the lump-sum payments
equivalent to the refund of contributions) based on thesame insured event under the Japanese pension systems for
employees.

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2.
In applying paragraph 1 of this Article, as regards a
person who possesses periods of coverage under two or more
Japanese pension systems for employees, the requirement
referred to in that paragraph shall be deemed to be
fulfilled for one of those pension systems in accordancewith the legislation of Japan.
Article 15
Calculation of the Amount of Benefits
1.
Where entitlement to a Japanese benefit is establishedby virtue of paragraph 1 of Article 13 or paragraph 1 of
Article 14, the competent institution of Japan shallcalculate the amount of that benefit in accordance with thelegislation of Japan, subject to paragraphs 2 to 6 of this
Article.
2.
With regard to the Disability Basic Pension and otherbenefits, the amount of which is a fixed sum granted
regardless of the periods of coverage, if the requirements
for receiving such benefits are fulfilled by virtue ofparagraph 1 of Article 13 or paragraph 1 of Article 14, theamount to be granted shall be calculated according to the
proportion of the sum of the periods of contribution andthe premium-exempted periods under the pension system fromwhich such benefits will be paid to the theoretical periodof coverage referred to in paragraph 4 of this Article.
3.
With regard to disability benefits and survivors’
benefits under the Japanese pension systems for employees,
insofar as the amount of those benefits to be granted is
calculated on the basis of the specified period determinedby the legislation of Japan when the periods of coverage
under those systems are less than that specified period, if
the requirements for receiving such benefits are fulfilledby virtue of paragraph 1 of Article 13 or paragraph 1 of
Article 14, the amount to be granted shall be calculated
according to the proportion of the periods of coverage
under the Japanese pension systems for employees to thetheoretical period of coverage referred to in paragraph 4of this Article. However, when the theoretical period ofcoverage exceeds that specified period, the theoretical
period of coverage shall be regarded as equal to thatspecified period.
4.
For the purpose of paragraphs 2 and 3 of this Article,“theoretical period of coverage” means the sum of thefollowing periods (except that it shall not include theperiod after the month in which the day of recognition of
disability occurs or the period beginning with the month inwhich the day following the day of death occurs):

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(a)

the period from the month in which the day of
attainment of age 20 occurs through the month
preceding the month in which the day of
attainment of age 60 occurs, except the period
before April 1, 1961;(b)periods of contribution under the legislation ofJapan which do not coincide with the period
referred to in subparagraph (a) of thisparagraph; and(c)periods of coverage under the legislation ofIndia which do not coincide with periods referred
to in subparagraph (b) of this paragraph, in casethe month in which the day of recognition of
disability occurs or the month preceding themonth in which the day following the day of deathoccurs is before the period referred to in
subparagraph (a) of this paragraph.

5.
With regard to the calculation of the amount ofbenefits under the Japanese pension systems for employees
in accordance with paragraphs 2 and 3 of this Article, if
the person entitled to the benefits possesses periods ofcoverage under two or more such pension systems, theperiods of contribution under the pension system from whichsuch benefits will be paid referred to in paragraph 2 ofthis Article or the periods of coverage under the Japanesepension systems for employees referred to in paragraph 3 ofthis Article shall be the sum of the periods of coverage
under all such pension systems.
However, when the sum of the periods of coverage
equals or exceeds the specified period determined by thelegislation of Japan within the meaning of paragraph 3 ofthis Article, the method of calculation stipulated inparagraph 3 of this Article and this paragraph shall not
apply.
6.
With regard to the Additional Pension for Spouses
which is included in the Old-age Employees’ Pension and anyother benefits that may be granted as a fixed sum in cases
where the periods of coverage under the Japanese pension
systems for employees equal or exceed the specified period
determined by the legislation of Japan, if the requirements
for receiving such benefits are fulfilled by virtue ofparagraph 1 of Article 13, the amount to be granted shallbe calculated according to the proportion of those periodsof coverage under the Japanese pension systems for
employees from which such benefits will be paid to thatspecified period.

- 9 -Chapter 2
Provisions concerning Indian Benefits
Article 16
Totalization
Notwithstanding the provisions of the legislation ofIndia for the acquisition, retention or recovery of theright to old-age, survivors’ and disability benefits, theperiods of coverage under the legislation of Japan
concerning such benefits are totalized, when necessary andto the extent that they do not overlap, with the periods ofcoverage under the legislation of India.
Article 17
Calculation of the Amount of Benefits
1.
If a person is entitled to an old-age, survivors’ or
disability benefit under the legislation of India without
necessarily proceeding to totalization, the competentinstitution of India shall determine the benefit
entitlement directly on the basis of periods of coverage inIndia and only under the legislation of India.
2.
If a person is entitled to an old-age, survivors’ or
disability benefit by virtue of the legislation of India,
with his right being created solely by taking thetotalization of the periods of coverage into accountpursuant to Article 16, the following rules apply:(a)the competent institution of India shallcalculate the theoretical amount of the benefit
due as if all the periods of coverage completed
according to the two Contracting States’
legislations were exclusively completed under thelegislation of India; and(b)the competent institution of India shall thencalculate the amount due, on the basis of theamount specified under (a), in proportion to theduration of the periods of coverage under thelegislation of India, in relation to the durationof all the periods of coverage accounted under(a).
Chapter 3
Common Provision
Article 18
Lump-sum Payments

A person specified in Article 3 may claim thefollowing benefits;- 10 -

1.
as regards Japan, the person may claim the lump-sum
payments upon withdrawal for persons other than Japanesenationals in accordance with the legislation of Japan; and2.

as regards India,(a)the person is entitled to withdraw the fullamount standing to the person’s credit under the
Employees’ Provident Funds Scheme, 1952, on
ceasing to be an employee in an establishment
covered under the Employees’ Provident Funds andMiscellaneous Provisions Act, 1952; and(b)the person is entitled to withdrawal benefit
under the Employees’ Pension Scheme, 1995, if therequirement of eligible services for monthly
members’ pension is not fulfilled even after
including the totalization benefit as provided in
the Agreement.

This paragraph shall also be applied to a person who
had been subject to the legislation of India prior to theentry into force of this Agreement.
PART IVMISCELLANEOUS PROVISIONS
Article 19
Administrative Collaboration
1.
The competent authorities of both Contracting Statesshall:(a)agree on the administrative measures necessary
for the implementation of this Agreement;(b)designate liaison agencies for the implementationof this Agreement; and(c)communicate to each other, as soon as possible,
all information about changes to their respective
legislation insofar as those changes affect theimplementation of this Agreement.

2.
The competent authorities and competent institutionsof both Contracting States, within the scope of theirrespective authorities, shall provide any assistancenecessary for the implementation of this Agreement. This
assistance shall be provided free of charge.

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Article 20
Charges or Fees and Legalization
1.
Insofar as the legislation and other relevant laws andregulations of a Contracting State contain provisions on an
exemption or reduction of administrative charges or
consular fees for documents to be submitted under thelegislation of that Contracting State, those provisions
shall also apply to documents to be submitted in theapplication of this Agreement and the legislation of theother Contracting State.
2.
Documents which are presented for the purpose of thisAgreement and the legislation of a Contracting State shallnot require legalization or any other similar formality by
diplomatic or consular authorities.
Article 21
Communication
1.
In implementing this Agreement, the competentauthorities and competent institutions of both Contracting
States may communicate directly in Japanese, Hindi orEnglish language with each other and with any concerned
person wherever the person may reside.
2.
In implementing this Agreement, the competentauthorities and competent institutions of a Contracting
State may not reject applications or any other documents
for the reason that they are written in the language of theother Contracting State.
Article 22
Transmission andConfidentiality of Information
1.
The competent authorities or competent institutions ofa Contracting State shall, in accordance with its laws andregulations, transmit to the competent authorities orcompetent institutions of the other Contracting State
information about a person collected under the legislationof that Contracting State insofar as that information isnecessary for the implementation of this Agreement. Unlessotherwise required by the laws and regulations of that
other Contracting State, that information shall be used
exclusively for the purpose of implementing this Agreement.
2.
Information referred to in paragraphs 1 of this
Article received by a Contracting State shall be governedby the laws and regulations of that Contracting State forthe protection of confidentiality of personal data.

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Article 23
Submission ofApplications, Appeals and Declarations
1.
When a written application for benefits, an appeal or
any other declaration under the legislation of aContracting State is submitted to a competent authority orcompetent institution of the other Contracting State whichis competent to receive similar applications, appeals or
declarations under the legislation of that other
Contracting State, that application for benefits, appeal or
declaration shall be deemed to be submitted on the samedate to the competent authority or competent institution of
the first Contracting State and shall be dealt with,according to the procedure and legislation of the firstContracting State.
2.
The competent authority or competent institution of aContracting State shall send the application for benefits,
appeal or any other declaration submitted in accordancewith paragraph 1 of this Article to the competent authority
or competent institution of the other Contracting State
without delay.
Article 24
Resolution of Disagreement
Any disagreement regarding the interpretation orapplication of this Agreement shall be resolved byconsultation between the Contracting States.
Article 25
Joint Committee
The Contracting States may establish a Joint Committee
composed of representatives of the competent authorities
and competent institutions of both Contracting States.
This Joint Committee shall be responsible for monitoring
the application of this Agreement. This Joint Committee
shall meet when necessary either in Japan or India uponrequest by either Contracting State.
Article 26
Headings
The headings of Parts, Chapters and Articles of thisAgreement are inserted for convenience of reference onlyand shall not affect the interpretation of this Agreement.

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PART V
TRANSITIONAL AND FINAL PROVISIONS
Article 27
Events and Determinations prior
to the Entry into Force1.
This Agreement shall not establish any entitlement tobenefits for any period prior to its entry into force.
2.
In the implementation of this Agreement, periods ofcoverage completed before its entry into force as well asother legally relevant events occurring before its entry
into force shall also be taken into account.
3.
In applying paragraph 1 of Article 7, in the case of aperson who has been working in the territory of aContracting State prior to the entry into force of thisAgreement, the periods of detachment referred to inparagraph 1 of Article 7 shall be considered to begin on
the date of entry into force of this Agreement.
4.
Determinations concerning entitlement to benefits madebefore the entry into force of this Agreement shall notaffect any rights to be established by virtue of thisAgreement.
5.
The application of this Agreement shall not, for abeneficiary, result in any reduction in the amount ofbenefits to which entitlement was established before theentry into force of this Agreement.
6.
This Agreement shall not apply to rights settled by a
lump-sum payment or a refund of contributions.
Article 28
Entry into ForceThis Agreement shall enter into force on the first dayof the third month following the month in which theContracting States shall have completed an exchange of
diplomatic notes informing each other that their respective
constitutional requirements necessary for the entry into
force of this Agreement have been fulfilled.

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Article 29
Duration and Termination
1.
This Agreement shall remain in force for an indefinite
period. Either Contracting State may give to the other
Contracting State, through diplomatic channels, written
notice of termination of this Agreement. In that event,
this Agreement shall remain in force until the last day of
the twelfth month following the month in which thetermination was notified.
2.
If this Agreement is terminated in accordance withparagraph 1 of this Article, rights regarding entitlement
to and payment of benefits acquired under this Agreement
shall be retained.
In witness whereof, the undersigned, being duly
authorized by their respective Governments, have signed
this Agreement.
Done at Tokyo on November 16, 2012, in duplicate in
the English language.

For Japan:

For the Republic of India:
Deepa Gopalan Wadhwa

玄葉光一郎- 15 -