THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3f ill

~ MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 27th June, 2001

No. 33/2001-Cu». (N.X)

G.S.R 479(E).—in exercise of the powers conferred by sub-section (1) of section

157, read with sub-section (3) of section 160 of the Customs Act, 1962 (52 of 1962)

the Central Board of Excise and Customs hereby makes the following rules to further

amend the Foreign Privileged Persons' (Regulation of Customs Privileges) Rules

1957, namely :-

(1) These rules may be called the Foreign Privileged Persons, (Regulation of

Customs Privileges) Amendment Rules, 2001.

(2) They shall come into force on the date of their publication in the Official

Gazette.

?QC_

l n t h e F o r e i 9 n Privileged Persons' (Regulation of Customs Privileges) Rules,

1957,-

(i)

in rule 4A,-

(I)

for sub-rule (2), the following sub-rule shall be substituted, namely-

11 (2) Any privileged person may -

(a)

sell or otherwise dispose of any motor vehicle referred to in sub-rule (1)

to another privileged person, with the permission of Central Board of Excise and

Customs through the Ministry of External Affairs;

(b)

re-export the motor vehicle, with the permission of the Ministry of External

Affairs;

(c)

sell or otherwise dispose of the motor vehicle to any non-privileged person

with the permission of Central Board of Excise and Customs through the Ministry of

External Affairs, on payment of appropriate customs duty, on expiry of three years

from the date on which such motor vehicle was imported.

Provided that a privileged person, on his transfer out c* India, may sell or

otherwise dispose of a motor vehicle, which was Imported within one year of his

posting in India, to a non-privileged person prior to expiry of above-said period of three

years from the date on which such motor vehicle was imported;

(d)

sell or otherwise dispose of an accidented /totally damaged motor vehicle,

with the permission of Central Board of Excise and Customs, to the Insurance

Company wfth whom the motor vehicle was insured without prejudice to his rights to

sell or otherwise dispose of the motor vehicle In terms of clauses (a) and (b).

Provided that in case the insurance company declines to accept the offer

for sale of the motor vehicle, the motor vehicle, with the permission of Central Board of

Excise and Customs, may be sold to the Metal Scrap Trading Corporation or any other

suitable disposal agency for scrapping.";

(II)

for sub-rule (3), the following sub-rule shall be substituted, namely:-

"(3) Every application for sale or disposal otherwise of a motor vehicle to another

privileged person or, as the case may be, to a non-privileged person under clauses (a)

and (c) of sub-rule (2) respectively or sale or disposal of an accidented or totally

damaged vehicle under clause(d) of sub-rule (2), shall be made to the Ministry of

External Affairs, in the Form prescribed by the Ministry of External Affairs for the

purpose, and that Ministry shall remit the application to the Central Board of Excise

and Customs."

(ii)

in rule 5,-

(a) sub-rule (1A) shall be omitted.

(b) for sub-rule (1B), the following sub-rule shall be substituted, namely:-

" (1B) The custom duty on any vehicle sold or'otherwise disposed of under clause (c)

of sub-rule (2) of rule 4A shall be paid to the Commissioner of Customs nearest to the

headquarters in India of the privileged person concerned, the duty to be recovered for

such motor vehicle, except in case of accidented or totally damaged vehicle shall be

assessed on the depreciated value arrived after providing for depreciation at the

scales specified by the Central Board of Excise and Customs In case of import of

second hand motor vehicles, and the rate of duty on such vehicle and the exchange

rate for conversion of foreign currency into Indian currency shall be taken as

applicable on the date of approval of such sale or otherwise disposal by the said Board

under clause (c) of sub-rule (2),of rule 4A.

Provided that the facility of duty free sale of vehicles, after four years of

import, shall be- allowed on reciprocal basis to privileged persons of those countries,

which are allowing similar facility of duty free sale of vehicles to Indian privileged

persons posted in those countries, and for this purpose applications made to the

Ministry of External Affairs before the applicants leave India shall be entertained."

" (1C)

In the case of any accidented or totally damaged vehicle referred to in clause

(d) in sub-rule (2) of rule 4A, the Customs duty shall be calculated taking the sale price

as cum-duty price and rate of duty shall be taken as that applicable to such motor

vehiftle, If it had not been so accidented or damaged at the time of such sale."

(d)

after sub-rule (1C), the following sub-rule shall be inserted, namely:-

" (1D) In case a vehicle has been stolen, customs duty shall be calculated taking the

amount of insurance claim as cum duty price and rate of duty shall be taken as that

applicable to such motor vehicle."

(e) sub-rule (4) shall be omitted.

|F.No.421/4/95-Cus.IV]

RAJENDRA SINGH, Under Secy.

Note:—The principles rules were published in the Gazette of India vide notification

Customs No. 4 dated the 8^th January, 1957 and last amended by the notification No.

43/99-Customs(N.T.) dated the 2^nd July, 1999.

Printed by th* Mwwger, Govt of India Prew, King Ro«d, Mayapuri, Now Delhl-110064

and Publbhed by the Controller of Publication!, Delbi-110054.