Article 4 - DEFINITIONS - Gibraltar

ARTICLE 4 DEFINITIONS 1. For the purposes of this Agreement, unless otherwise defined: (a) the term India means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea; (b) the term Gibraltar means the territory of Gibraltar; (c) the term Contracting Party means India or Gibraltar as the context requires; (d) the term competent authority means - (i) in the case of India, the Finance Minister, Government of India, or its authorized representative; (ii) in the case of Gibraltar, the Minister of Finance or his authorised representative; (e) the term person includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting Parties; (f) the term company means any body corporate or any entity that is treated as a body corporate for tax purposes; (g) the term publicly traded company means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold by the public if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; (h) the term principal class of shares means the class or classes of shares representing a majority of the voting power and value of the company; (i) the term recognised stock exchange means - (i) in India, the National Stock Exchange, the Bombay Stock Exchange, and any other stock exchange recognised by the Securities and Exchange Board of India; and (ii) any other stock exchange which the competent authorities agree to recognise for the purposes of this Agreement. (j) the term collective investment fund or scheme means any pooled investment vehicle, irrespective of legal form; (k) the term public collective investment fund or scheme means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed by the public if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; (l) the term tax means any tax to which this Agreement applies; (m)the term requesting Party means the Contracting Party submitting a request for information to, or having received information from, the requested party; (n) the term requested Party means the Contracting Party which is requested to provide the information or which has provided information; (o) the term information gathering measures means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; (p) the term information means any fact, statement, document or record in whatever form; (q) the term criminal tax matters means tax matters involving intentional conduct, whether before or after the entry into force of this agreement, which is liable to prosecution under the criminal laws and / or the tax laws of the applicant Party; (r) the term criminal laws means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires or the competent authorities agree to a common meaning pursuant to the provisions of Article 11 of this Agreement, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.