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REGISTERED No. L. 3131

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

N EW DELHI, SATURDAY, DECEMBER 20, 1947

Separate paging is given to this Part in order that it may be filed as a separate compilation

PART IV Acts of the Dominion Legislature assented to by the Governor-General

GOVERNMENT OF INDIA,

MINISTRY OF LAW

New Delhi, the 20th December 1947

The following Acts of the Dominion Legislature received the assent of the Governor General on the 20th December 1947 and are hereby promulgated for general information: —

ACT NO. XLIII OF 1947

An Act to enable effect to be given to certain provisions of the Charter

of the United Nations.

WHEREAS it in expedient to enable effect to be given to certain

provisions of the Charter of the United Nations ;

It is hereby enacted as follows :—

Short title

1 This Act may be called the United Nations (Security

Council) Act, 1947.

Measures under Art. 41 of the Charter of the United Nations.

2. If, under Article 41 of the Charter of the United Nations signed at San Francisco on the 26th day of June 1945 the Security Council of the United Nations calls upon the Control Government to apply any measures, not involving the use of armed force, to give effect to any decision of that Council, the Central Govern- m e nt may, by order published in the official Gazette, make such provisions (including provisions having extra-territorial operation) as appear to it necessary or expedient for enabling those measures to be effectively applied, and without prejudice to the generality of the foregoing power, provision may be made for the punishment of persons offending against the order.

ACT NO. XLIV OF 1947

An Act further to amend the Indian Income-tax Act, 1922, and the Business Profits

Tax Act, 1947

WHEREAS it is expedient further to amend the Indian Income-tax Act, 1022 (XI of 1922) and the Business Profits Tax Act, 1947 (XXI of 1947) for the pur- poses hereinafter appearing;

It is hereby enacted as follows:—

1. Short title.—This Act may be called the income-tax and Business Profits Tax (Amendment) Act, 1947.

( 1393 )

2. Amendment Ol Act XI of 1922— (1) In the Indian Income-tax Act- 1922,—

(a) in clause (4A) of section 2, tbo words and brackets " (other than agri- cultural land) " dial] be omitted, and to that clause the following shall be add- ed, namely :—

" (Hi) any kind from which the income derived in agricultural income ; " ;

(b) for the last proviso to olaueo (6A) of section 2, the following prtviso shall be substituted, namely :•—

" Provided further that the expression ' accumulated i>roflts" wherever it occurs in this clause, shall not include capital ^ains arising before tho 1st day of April, 1940 ; " ;

(c) in sub-section (3) of section 12B, after the words " property of the asaessee " the words " by succession, inheritance or devolution or " shall be inserted.

(2) Tho amendments made by sub-section (J) shall have effect in relation to ell assessments to income-tax or super-tax for the year ending on the 31st day of March 1948 and subsequent years.

1947,—

3. Amendment ol Aot XXI Ol 1947— (1) In the Business Profits Tax Act v

(a) after the first proviso to section C, tho following further proviso shall be inserted, namely :—

" Provided further that where the profits of a part only of a business carried on by a person who is not resident in British India or not ordinarily so resident aoorue or arise in British India or are deemed under the Indian Inoome-tHX Aot, 1922, so to accrue or arise, then, except where the business being tho business of a person who is resident, but not ordinarily resident, in British India is controlled in India, this Aot shall apply only to suoh part of tho business, and such part shall for all tho purposes of this Aot be deemod to be a separate business ." ;

(b) in sub-section (1) of section 11, after the words " the profits " the M ords " and taxable profits " shall be inserted ;

(c) in section 19, after the words " provisions of this Aot " the words "and with such modifications, if any, as may be prescribed " shall be inserted ;

(d) in Sohedulc II, after rule 2, the following rule shhll be insetted, namely:—

" 2A. Notwithstanding anything contained in rule 2, where only a

(2) The amendments made by aub-seotion (/) shall be deemed to have effeot Jroin the date on which the Business Profits Tax Act, 1947, came into force,

ACT MO. XLV OF 1947

An Aot further'to amend the Indian Trade Unions Aot, 1926

WUEHEAH it is expodient further to amend tho Indian Trade Unions Act, 1020 (XVI of 1926), for tho purposes hereinafter appearing;

It is horoby enacted follows: —

1. Shoit title and commencement.—(1) This Act may be called the Indian Trade Unions (Amendment) Act, 1947.

(#) It shall oome into force on such date as the Centra} Government may, T>y notification in the official Gazette, appoint.

2. Amendment of long title and preamble, Act XVI of 1926.—In the long title and preamble ot tho Indian Tmdo Unions Act 1920 (hereinafter referred to as the said A-ct),—•

(a) after the word "registration" tho words "and recognition" shall be inserted;

(ft) for the words "registered Trade Unions m British India" the words "registered and recognised Trade Unionb and to certain unfair practices in industrial or trade employment" shall be substituted.

3. Amendment ol section 2, Act XVI of 1926.—In section 2 of the said Act,—

(a) claines (fa) to (h) shall be roleltered as clauses (/), (g), (<), (/), (fc), (TO) and (n), respectively;

(b) for tho opening paragraph mid clause (a), the following shall be substituted, namely. —

" In this Act, unlcaa there in anything tepugnant in tho sub- ject or context,—

(a) 'appropriate Government' means, in relation to Trado Unions who^e objects are not confined to ono Province, the Central Government, and in relation to other Trade Unions, but subject to the provisions of section 28A, the Provincial Government;

(6) 'employer' means,—

(i) in relation to an industry carried on by or under the authority of any department of the Central Gov- ernment or a Provincial Government, the autho- rity prescribed in this behalf, or where no authority is prescribed, the head of tho department,

(11) in relation to fin industry carried on by or on behalf of a local authority, the chief executive officer of that authority,

and includes an aawnciation of employers;

(c) ' executive' meana the body, by whatever name called, to

which tho management of the affairs of a Trade Union 1B

entrusted;

(d) ' industry ' means any business, trade, undeitaking, manu- facture or calling of employers, and includes any calling service, employment, handicraft or industrial occupation or avocation o± workmen ;

(e) ' Labour Court' means, in rotation to a Trade Union, a. Labour Court appointed by the appropriate Government under sub-section (I) of section 28B ;"';

(c) alter clause (g) as rolettered by tbis section, the following clause shall hn inserted, namely: —

'(h) "recognized Trade Union" means a Trade Union recognised under this Act;';

(d) after clause (k) us rulettered by this soution, tho following clause shall bo inserted, namely: —

(1) "'strike" has the meaning ast>igned to it in tho Industrial Disputes Act, 1947 (XIV of 1947), "illegal strike" nieanB " strike which by virtue of any law for the time being in foreo is illegal, and "irregular strike" moans an illegal strike or a strike declared by a Trade Union in contra- vention of its rules referred to in clause (d) of section 28D'."

4. Insertion of new Chapters IHA and IIIB in Act XVI ol 1926—After Chapter III of tha,said Act tho following Chapters shall be inserted, namely: —

"CHAPTER IIIA

Beoognition of Trade TJniom

28A. Modification of the definition of "appropriate Government" for certain purposes.—Notwithstanding anything to the contrary in the definition of "the appropriate Government" in section 2, the Central Government shall be deemed to be the appropriate Government for the purposes of this Chaptor in respect of Trade Unions consisting of workmen employed by the Central Government a by a Federal Bailway or in a major port, mine or oilfield.

Explanation.—In this section and for the purposes of this Chapter, a Trade Union of which not less than fifty per cent, of the members are workmen employed by the Central Government or by a Federal Bailway or in a mnjoi port, mine or oilfield shall bo deemed to be a Trade Union consisting of work men employed by the Central Government or by a Federal Ballway or in a imiior port, mine or oilfield as the case mny bo

28B. 'Appointment, constitution, powers and procedure of Labour Courts — Q) For the purposes of this Olmpler, the appropriate Government RIIUII appoint sueh numbor of Labour Courts as it considers ncoees-iry, cor.BistitiK of one or more persons ench of whom—

la) IB, or has been, a Judge of a High Court or a District Judge, or

(b) is qualified for appointment as a Judge of a High Court:

Provided that the appointment to >i Labour Court of nny person not nmlifliwl under clauso (a) shall be made in consultation with the High Court of the Pro- vince in which the Labour Court has or is intended to have, its usual pluce of sitting.

l") Every Labour Court shall have all the powers of a Civil Court ior the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall

be deemed to bo a Civil Court within the meaning of sections 480 and 482 of the <"ude of Criimmil Procedure, 18'JH (V of IBUH).

(S) The proceedings oi' Jjabuur Courts thidl be regulated and conducted in yueh iimnuur us may be pit serlbud.

2t)C. Recognition by agree mint — (I) Where an ompioyer ugrees to recognize H Tiade Union, n memorandum of agreement signed by the employer and the officers of the Trade Union, or (heir authorised representatives, may be pre- sented to the .Registrar who shall record the memorandum in a register in the prescribed manner.

(^) Such an .lyreement may be iwokel !>,> either party (hereto on applioti- tiou made to the llegistrar in the prescribed manner.

(3) While Mich an Mi^'eemout ib in ioi'ce, (he Tut do Union wlnill, in its rela- tions with the employer with whom the ngreenient is made, have all the rights of a recognized Trade Union under this Act, and shall for all other purposes be doomed to be a recognized Trade Union.

28D. Conditions for recognition by order of a Labour Court.—A Trade Union

shall not be entitled to recognition by order of a Labour Court under section 28E

unless It fulfils the following conditions, namely :—

(a) that all its ordinary members are workmen employed in the eamo

industry or in industries closely allied to or connected with one another ;

(6) that it is represeDtative of all the workmen employed by the

employer in that industry or those industries ;

(c) that its rules do not provide for the exoluslon from membership

of any class of the workmen referred to in clause (6) ;

(d) that Its rules provide for the procedure for declaring a strike;

(e) that its rules provide that a meeting of its exeoutive shall be held

at least once in evory six months ;

(/) that it is a registered Trado Union, and that it has complied with

all the provisions of this Act:

Provided that the reference in clause (6) to " the employer " shall as respects

recognition by an association of employers, be construed as a reference to all the

employors who are members of the association.

28E. Application to, and grant of recognition by, Labour Courts.—(1) Where a registered Trade Union having applied for recognition to an employer has failed to obtain recognition within a period of three months from the date of making suoh application, it may apply in writing, setting out suoh particulars as may be pros* oribed, to the Labour Court for recognition by that employer.

(2) A single application may be made under sub-seotion (1) for recognition—

(a) by more than ono employer, or

(b) by an association of employers as well as one or more members

thereof.

(3) The Labour Court may call for further information for the purpose of

ascertaining whether the Trade Union is entitled to recognition by the employer

under this section, and if the Trade Union fails to supply the required Information

within the time granted, the Labour Court may dismiss the application.

(4) The Labour Court shall, aftor serving notice in tho prescribed manner on the

employer, investigate whether the Trade Union fulQls the conditions for recognition

jet out in section 28D, and in deriding whether the condition set out in olauao (b)

thereof is fulfilled, the Labour Court shall huvo regard to, but ahull not bo bound by the faot whether the proportion whioh the number of the workmen referred to in the said clause who are members of the Trade Union and are not in arrears of their subscription for any period exceeding three months, bears to the total number of such workmen is los", or not loss, than such percentage, if any, as may be prescribed in this behalf, either generally, or in respect of any particular looality or any particular employer or class of employers, or any particular industry or olttlss of industries.

(5) If the Labour Court is satisfied that the Trade Union is fit to be recognized by the employer, it shall make an order directing such recognition and may, where the recognition is to be by an association of employers, further direct, by the same or a subsequent order, recognition by every member of the association in relation to Whom the Trade Union faUus the condition set out in clause (6) of section 28D.

(6) Every order made under sub-eeotion (6) shall be forwarded to the appro" priate Government which shall notify it in the official Gazotto, and while a recognition directed by such ordiT ib in iorue the Trade Union shall, in its relations with the employer concerned, havo all tbo rights of a recognized Trade Union under this Act and ahull ior all other purposes be deemed to be u recognized Trade Union.

28F. tiighte of recognized Trade Unions.—(1) The executive ol a recognized Trudtj Union shall bo entitled to negotiate with employers in respect of matters connected with the employment or non-einployinent or the terms of employment or the conditions of labour of ull or tiny ol its members, and the employer shall receive and send replies to letters aent by the executive on, and grant interviews to that bouy xegoming, such matters.

(y) Nothing in sub-soction (i) shall bo oonstrued as requiring an employer co send replies to leners on, or grant interviews regarding matters on whiofl, as a result of previous discussion with the executive of the Trade Union, the employer has arrived at a conclusion, whether hi agreement with the executive" or not, unless n period of u,t, least three months hag elapHed since the said con- clusion was intimated to the executive, or unless there has been a change in ciruuinstunces.

(•5) Any dispute between the employer and the executive of u recognized Trade Union UB to whether a conclusion has been arrived at, or whether there has been a change in oircumatancee, within the meaning of sub-section (#), shall be referred to the Registrar whose decision shall be nnal.

(4) The 'executive of a recognised Trade Union shall bo entitled to display notices of the Trade Union in any promises where its members are employed, and the employer shall afford the executive reasonable facilities for that purpose.

28G. Withdrawal of recognition.—(2) Where the recognition of a Trade Union htfs been direoi-ed under section 28E, the Registrar or the employor may apply in writing to the Labour Court for withdrawal of the recognition on any of the following grounds, namely: —

(a) that the executive or the members of the Trade Union have oom- mltted any uufair praotioe set out in section 28J within three months prio to the date of ihe application;

(b) that the Trade Union has fuiled to submit any return referred to in section 281;

(c) that, the Trade Union 1ms censed to be representative of the work- men referred to in clause (6) of section 28D.

(2) On reoeipt of au application tinder sub-section (/) the Labour Court shall, unless it thiuks fit to dismiss the application suminurily, nerve notice In the prosorihed manner on the Trade Union to show cause why its recognition should not bp withdrawn.

(3) If after giving a reasonable opportunity to the Trarlo Union to show cause the Labour Court is watisfiod that the Trade Unio; ii no longor fit to be rooog- nized, it shall make an order declaring that the recognition of the Trade Union has been withdrawn, and forward a oopy of the order to the appropriate Govern- ment which shnlJ notify it in \\v> officinl .

28H. Application for fresh recognition,—On the expiry of not les? than six eionthH from the nate of withdrawal of recognition of a Trade Union under pub- aection (3) of section 28G, the Trade Union, if it continues to be a registered Trade Union, nm^y again apply f"r recognition, and the procedure laid down in this Art shall apply in respect nl hiich application us if it were an original appli- cation for recognition.

281. Recognized Trade Unions to submit prescribed returns.—Every Trade Union recognized under seotion 28E shall submit to the Registrar at the prescribed time and in the prescribed mannor such returns, in addition to those referred to in section 28, as may be prescribed.

CHAPTER IIIB

Unfair practical

28J. Unfair practices by recognized Trade Cnio"w.—The following shall be deemed to be unfair practioes on the part of a reoognized Trade Union, namely :

(a) for a majority of the members of the Trade Union to take part In an irregular strike;

(6) for the exeoutive of the Trade Union to adviso or aotively to support or to instigate an irregular strike ;

(c) for an offioer of the Trade Union to submit any return required by or under this Aot containing false statements.

28K. Unfair practices by employers.—The following shall be deemed to be unfair practices on the part of an employer, namely :—

(a) to interfere with, restrain, or coerce hie workmen in the exercise oi their righis fo organise, form, join or assist, a Trade Union and to engage Ic concerted activities for the purpose of mutual aid or protection;

(b) to interfere with the formation or administration of any Trade Union ov to contribute financial or other support to it;

('^ It. Hisclvii^n, or olli.twmc 'Incriminate agaimt, any officer of a recognized Trade Union because of his being such officer!

(d) to discharge ur otherwiRo discriminate against any workman because he has inado allegations or fn'ven evidence in an inquiry or proceeding rela- ting to any matter such as is referred to in sub-section (J) of seotion 28F.

(e) to fail to comply with the provisions of section 28P :

Provided thai thp lefuqal of .,ii cmplinor to permit his workmen to engage m Trade Union activities during their hours of work RhfUl not be deemed to le an unfair practice on his part

6. Amendment of section 29, Act XVI of 1946.—(1) To sub-section (1) of •ection 29 of the said Ant the following proviso shall be added, uatnely: —

"Provided that the making <>L regulations under this section for the purpose of carrying into effect the provisions of Chapter TI1A shall be deemed to be " purpose of that Chapter within tho meaning of section 28A."

(V) To the aiiid section 29 the following sub-sei't'ion ahall be added, namely: — "(.3) The Central Government may givo direction's to a Provincial Govern- ri't)!it as to t'lf lef'ii'utions to lie uimle unJpt this section for prpsrnbing the per oentages referred olear to in sub-section (4) of section 28E."

6. Amendment ol section 81, Act XVI ol 1928.—In section 91 of the said Act,—

(a) in sub-section (2),—

(t) after the word " regi lered " the worda " or reoognized " shall bo inserted;

(b) in sub-clause (2), after the words "that section" the words and figures 'or in or from any return referred to in section 281" shall be inserted.

7. InBertion ol new aectlon 32A In Act XVI ol 1926 After section 32 of the said Act the following (motion shall be inserted, namely: —

"B2A. Penally for unfair practices—(2) Any employer who commits am unfair practioe set out in section 28K shall be punishable with fine which may extend to one thousand rupees.

(#) Where a Criminal Court imposes a tine, or confirms in appeal, revision oi otherwise u sentence of tine imposed, on an employer for committing an unfair practice sat out in clause (c) or ulause (d) of section 28 K, it may, when passing judgment, order the whole or any part of the tine to be applied in tho payment to any person of eouiDensi.tton foi loss or mpiry caused by the unfair practice."

AOT No. XLVI OF 1947

An Act to give effect to the Convention on tlie Privileqes and Immun-

ities of the United Nations

WHEREAS it is oxpodient to give effect to the Convention on the Privileges and Immunities of the United Nations, and to enable similar privileges and immunities to be enjoyed by other international organisations and their representatives and offioials ;

It is hereby enaoted as follows:—-

Short titla. i 1. This Act may be oalled the United Nations (Privileges and" Immunities) Aot, 1947.

i 2. (J) Notwithstanding anything to the contrary contained I in any other law, the provisions sot out in the Schedule to this J Act of the Convention on the Privileges and Immunities, adopted , by the General Assembly of tho United Nations on the 13th day Conferment OD United Nationi and it* repreaentatlv<* end oflloern of oertain privlloge* and iramupH'aii. of Fobruary 1946, shall have tho force of law in India.

(2) Tho Central Government may, from time to time, by nofci- fioation in the official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Convention set out therein,

T HE GAZETTE OB¹ INDIA EXTRAORDINARY, DEO. Hfc 19&- l^ai

POWOT to confor

certain privileges

And immunities on

other International

organisation* And

their represenU-

tivM and offloere,

8. Where in pursuanoe of any international agreement, convention or other instrument it ia necessary to aocord to any - international organisation and ita representatives and offioera privileges and immunities in India similar to those contained in the provisions set out in the Sohedule, the Central Government may, by notification in the offioial Gazette, deolare that the provisions set out in the Sohodule shall, aubjeot to such modi- fications, if any, as it may consider neoessary or expedient for giving effect to the said agreement, convention or other instrument, apply mutatis mutandis to the international organisation speoified in the notification and its representatives and officers, and thereupon the said provisions shall apply accord- ingly and, notwithstanding anything to the oontrary oontainedrin any other law, shall in suoh application have the force of law in India.

4. The Central Government may make rules for carrying out Power bo mak" rules.

tho purposes of this Act.

THE SCHEDULE (See sections £ and 3) ARTICLE I

JUBIDIOAL PHRSONAMTY

£5BCTIOH 1. The United Nations shall possess juridical per-

sociality.

It shall have the capacity:

(a) to contract; (6) to aoquire and dispose of immovable and movable

property;

(c) to institute legal proceedings.

ARTICLE II

PROPERTY, FUNDS AND ASSETS

SECTION 2. The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process oxcopt in BO far as in any parti- cular, oase it has expressly waived its immunity. It is, however, understood that no wftivor of immunity shall extend to any measure of f-xoeution.

SECTION 3. The premises of the United Nations shall bo inviolable. The property and assets of the United Nations, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by exeoutive, administrative, judioial or legislative action.

SECTION 4. The arohives of the United Nationi, and in general all doouments belonging to it or held by it, shall be in- violable wherever looated.

SECTION 5. Without being restricted by finanoial oontrols,

T°igulation" or moratoria of any kind,

(a) the United Nations may hold funds, gold or onrrenoy of"

any kind and operate accounts in any currency;

(b) the United Nations shall be free to transfer its funds^ gold or currency from one oountry to another or withim any country and to oonvert any ourrenoy held by it into any other ourrenoy.

SECTION 6. In oxercising its rights under Seotion 5 above, the United Nations shall pay due regard to any representations made by the Government of any Member in so far as it Is consider- ed that effoot can be given to such representations without detri- ment to the interests of the United Nations.

SECTION 7. The United^Nations, its assets, income and other property shall be:

(a) exempt from all direot taxes; it is understood, however,,

that the United Nations will not claim exemption from taxes whioh are, in fact, no more than charges for publio utility servioes;

(6) exempt from customs duties and prohibitions and restric- tions on imports and exports in respect of articles im- ported or exported by the United Nations for its official use. It is understood, however, that articles imported under siioh exemption will not be sold in the oountry intO' whioh they were imported except under condition* agreed with the Government of that country ;

(c) exempt from oustoma duties and prohibitions and restric- tions on imports and exports in respect of its publications.

SBOTION 8. While the United Nations will not, as a general rule, olaim exemption from excise duties and from taxes on the sale of movable and immovable property whioh form part of the- prioe to be paid, nevertheless when the United Nations is making- important purohases for offioial use of property on whioh suoh duties and taxes have been oharged or are ohargeable, Members will, whenever possible, make appropriate administrative arrange ments for the remission or return of the amount of duty or tar,.

ARTICLE HI

FAOTUTIIHB IN HESPBOT OF COMMUNICATIONS

SBOTIOIJ 9. The United Nations shall enjoy in the territory of eaoh Member for its offloial communications treatment not leas favourable than that acoorded by the Government of that Member to any other Government inohiding its diplomatic mission in the matter of priorities, rates and taxes on mails, cables, t legrams, radiograms, telephotoa, telephone and other communications; and press rates for information to the press and radio. No cen- sorship shall be applied to the official correspondence and other offioial communications of the United Nations.

SECTION 10. The United Nations shall have the right to use- oodes and to despatoh and receive its correspondence by courier or in bags, whioh shall have the same immunities and privileges as diplomatio couriers and bags.

ARTICLE IV

THB RBFBESINTATIVES or MEMBERS

SECTION 11. Representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during their journey to and from the place cf meeting, enjoy the following privileges and immunities :

(a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts dono by thorn, in their capacity as representatives, immunity from legal process of every kind;

(&) inviolability for all papers and documents; (c) the right to use oodes and to reooive papers or corres-

pondence by courier or in sealed bags ;

(d) exemption in respeot of themselves and their spouses from immigration restrictions, aliens registration or na- tional service obligations in the state thoy are visiting or through whioh they are passing in the exerciBe of their funotions; "

(e) the same facilities in respeot of ourrenoy or exohange res- triotions as are acoorded to representatives of foreign governments on temporary official missions;

(/) the same immunities and facilities in respeot of their personal baggage as aie aocorded to diplomatic envoys i and also

(g) ouoh other privileges, immunities and facilities not in- consistent with the foregoing as diplomatic envoys enjoy, exoept that they shall have no right to claim exemption from oustoms duties on goods imported (otherwise than as part of their personal baggage) or from exoise duties or sales taxes.j

SECTION 12. In order to seoure, for the representative* of Members to the principal and subsidiary organs of th e United Nations and to oonferenoes convened by the United Nations, complete freedom of speech and independence in the discharge of their duties, the immunity from legal prooess in respeot of words spoken or written and all acts done by them in discharging their duties shall oontimie to be aooorded, notwithstanding that the persons concerned are no longer the representatives of Members.

SECTION 13. Where the inoidenoe of any form of taxation depends upon residence, periods during which the representatives of Members to the prinoipal and subsidiary organs of the United Nations and to oonferenoes convened by the United Notions are present in a state for the discharge of their duties shall not bo considered as periods of residence.

SECTION 14. Privileges and immunities are acoorded to the- representatives of Members not for the personal benefit of the indi- viduals themselves, but in order to safeguard the independent exercise of their funotions in oonneotion with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any oase

where in the opinion of Urn Member the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for whioh the immunity is accorded.

SECTION 15. Tho provisions of Sections 11, 12 and 13 are not applicable as between a representative and the authorities of tho state of which he is a national or of which ho is or has been the representative.

SUCTION 16. In this article the expression ''representatives '* shall be doomed to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegations.

ARTICLE V

OFFICIALS SECTION 17. The Secretary-General will specify the categories of offioials to whioh the provisions of this Article and Article VII shall apply. He shall submit these categories to the General Assembly. Thereafter these categories shall bo communicated to the Governments of all Members. The names of the officials inoluded in these categories shall from time to time be made known to the Governments of Members.

SECTION 18. Officials of the United Nations shall:

(a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

(6) be exempt from taxation on the salaries and emoluments

paid to them by the United Nations;

(c) be immune from national servioe obligations; (a) be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration;

,(") be accorded the same privileges in respeot of exchange facilities as are accorded to the officials of " comparable ranks forming part of diplomatic missions to the Government conoerned ;

•if) *¹⁰ fiiven. togother with their spouses and relatives de- pendent on them, the same repatriation facilities in time of international crisis as diplomatic envoy3 ;f~ {g") liavo the right to import free of duty their furniture

and effects at the time of first taking up their post in the nountry in question

SECTION 19. In addition to the immunities and privileges specifi- ed in Boction ] 8, the Recretary-Goneral and all Assistant Secre- tarios-General shall bo accorded in respect of themselves, their spouses and minor childron, tho privileges and immunities, ex- emptions and facilities accorded to diplomatic envoys, in acoord. anoe with international law.

SECTION 20. Privileges and immunities are granted to offloiala in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Seoretary-General shall have the right and the duty to waive the immunity of any official in any oaso where, in hia opinion, the immunity would impede the course of justioe and can be waived without prejudioe to the interests of the United Nations. In the oase of the Secre- tary-General, the Seourity Counoil shall have the right to waive immunity.

SECTION 21. The United Nations shall co-operate at all times with the appropriate authorities of Members to facilitate the proper administration of justice, seoure the observance of police regulations and prevent the ooourrenoe of any abuse in connection with the privileges, immunities and facilities mentioned in this Artiole.

ARTICLE VI

EIPBQTS ON MISSIONS FOB THE UNITED NATIONS

SECTION 22. Experts (other than offioials coming within the soope of Artiole V) performing missions for the United Nations shall be aooorded suoh privileges and immunities as are neoessary for the independent exoroiso of their functions during the period of their missions, including the time spent on journeys in con- nection with their missions. In particular they shall bo aocorded:

(a) immunity from personal arrest or detention and from

seizure of thoir porsonal baggage ;

(b) in respeot of words spoken or written and acts done by them in the oourse of the performance of tht-iir mission, immunity from legal prooess of every kind. This immu- nity from legal prooess shall continue to bo aooorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations ;

(c) inviolability for all papers and documents;

(d) for tho purpose of thoir communications with tho United Nations, the right to use codes and to receive papers or correspondence by oouriet or in sealed bags;

(p) the same facilities in rospoot of ourroncy or exchange restrictions as are accorded to representatives of foreign governments on temporary offloial missions;

(/) the same immunities and facilities in rospeot of their personal baggage as are aooorded to diplomatio envoys. SECTION 23. Privileges and immunities are granted to experts in the interests of the United Nations and not for tho personal benefit of the individuals themselves. The Secretary-Genoral Bhall have the right and the duty to waive the immunity of any expert in any case whore, in his opinion, the immunity would impede the course of justice and it oan be waived without pre- judice to the intorosts of the United Nations.

ARTIOLE VH

UNITED NATIONS LAISSEZ-PASBEIB

SECTION 24, The United Nations may issue United Nations laiflsez-passer to its officials. These laissez-passer shall be reoog- nized and acoepted as valid travel doouments by the authorities of Members, taking into aooount the provisions of Seotion 25.

SECTION 25. Applications for visas (where required) from tho holders of United ^Nations laissez-passer, when aocompanied by a oertifloate that tfioy are travelling on the business of the United Nations, shall be dealt with as speedily as possible In addition, Buoh persons shall be granted faoilities for speedy travel.

SECTION 20. Similar facilities to those speoified in section 26 shall be aocorded to experts aud other persons who, though not the holders of United Nations laissez-passer, hftvo " oertifloate that they aro travelling on the business of the United Nations.

SECTION 27. The Secretary-General, Assistant Seoretaries- General and Direotors travelling on United Nations laissez-passer on the business of the United Nations shall bo granted the same facilities as are aooorded to diplomatic envoys.

SECTION 28. The provisions of this artiole may be applied to the comparable offioials of specialized agonoies if the agree- ments for relationship made under Artiolo 03 of the Charter so provide.

ARTICLE VIII

SETTLEMENT OF DISPUTES

SECTION 20. Tho United Nations shall make provisions for appropriate modes of settlement of:

(a) disputes arising out of oontraots or other disputos of a private law oharacter to whioh tho United Nations is a party ;

(/") disputes involving any offioial of the United Nations who by reason of his offioial position enjoys immunity, if immunity has not been waived by tho Secretary-General.

SECTION 30. All differences arising out of the interpretation or application of the present convention shall bo referred to the International Court of Justice, unless in any case it is agr ted by tho pai'tios to have recourse to another mode of settlement. If a difforonoe arises between tho United Nations on the one hand and a Member on olhoi' hand, a request shall be mado for an ad- visory opinion on any legal quostion involved in aooordanoe with Article 90 of the Charter and Article 05 of the Statute of the Court. The opinion given by the Court shall bo aooeptod as deoisive by the parties.

S. A. LAL,

#ecy. to the Govt, of India

I-B1NTBD BY TUB MANAUEII, G ( J V I B . N M " NT OF iNDfA 1JE.IMH, NfflW J3ELHJ I'OTHSHBH BY I HI MA-NAUKU OF PUBLICATIONS, DMMI.