Notification, 2008

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART II

S~CTION 3, SUB-SECTION (11).

GOVERNMENT OF INDIA

:.- .....- ·····MINISTRY OF EXT-ERNALAFFAIRS NEW DELHI, THE;o' JULY 2008.

NOTIFICATION

(File No) In exercise of the powers con;ferred by Section' 3 of the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947) (herein after the Act), the Central Government hereby declares that the provisions of Section 1 of Article I, Section 2 to

Section 7 of Article Il, Sections 9 and 10 of Article Ill, Section 11 of Article IV'f'Sections ·18,20 and 21 of Article V, Sections 22 and 23 of Article VI, of the Schedule to the said Act shall apply! mutatis mutandis, to the "Global Development Network" (hereinafter GDN) established by the Agreement Establishing the Global Development Network signed on January 23,2005 subject to the following modifications, namely» (A) The expressions "United Nations", "premises", "Secretary-General" "officials" "Representatives of Members" and "Security Council" in the Act shall be substituted by the ..expressions "Global Development Network" or "GDN" 1 "Headquarters Seat" "President" "staff of aDN" "Representatives of Signatory States and International Organisations or Directors" and "Board of Directors", respectively.

(B) AS;l.•.e.i~~ inv~olabi1ity,immunities and privileges being conferred on GDN, it is u~ft,~t~~~lthat the laws of India shall apply within the Headquarters Seatexcept as otherwise provided in this Notification or otherwise agreed by the Government of India. . .

(C) . Immunities, privileges and facilities under of Section 11 of Article IV can be - waived in any individual case' in regard to a Representative in the GDN Assembly or a Director. by the government of the Signatory State or Signatory International Organisation.vas appropriate and privileges and immunities under sub-sections (f) and (g) of Section 11 of Article Ivshall not be.a., . able to the Indian citizens or to the persons invited by GDN to it .' -Seat on official business; : . , . ",1' .,» ,'" ':' ·".t'~lr(;.:"''';:'~ ; ,~~~/;" (Dr.rfnesp~cr6f-staffofGDN~whoMe Indian-citizens, only Se~tion 18(a) of Article V· 1" bl .•.~. .' IS app lea e; .:)~.~d,/j;~'.

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(E) Staff of GDN, other than Indian citizens, have the right to import, free of duty; taxes and other levies, and without prohibitions and restrictions OD. imports, their furniture, appliances and other effects within a period of one year' after first taking up their post in India. If the previously imported articles are to be sold, .conveyed ,.oI.Jmnsf~n:e~"it shall be done in accordance .with procedures .to be established between the G~veniiTIent ai1dGDN;'~'._."-.-"" ~-.' . (F) Staff of GDN, other than Indian citizens, have the right to import,' free of duty, taxes and other levies, and without prohibitions or restrictions on imports, reasonable quantities Of foodstuffs and other articles for personal use and consumption and not for gift orsale~· in accordance with procedures to be established between the Government and GDN; , (G) If, in any proceedings, any question arises whether or not any person is entitled to any privileges or immunity under this Notification, a certificate issued by or under the authority of the Secretary to the Government of India in the Ministry of . External Affairs stating any fact relating to that question shall be conclusive evidence of that fact; and ' (H) The Act shall not apply to accidents or traffic offences involving vehicles owned 'O! operated by GDN, its staff or Representatives. .' .

f~~ unil Lal) JointSecretary to the Government of Indta.

To The Manager, Govt. of India Press, .

··'.M-atf~pWi)Ring Road, New Delhi.

Copy to: .

1./ The Mi~stry of Finance, New I?elhi.

J. The. President, GDN New Delhi, .

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Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The United Nations (Privileges and Immunities) Act, 1947