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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 51] NEW DELHI, WEDNESDAY, AUGUST 30, 1972/BHADRA 8, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 30th August, 1972 /Bhadra 8, 1894 (Saka)

The following Act of Parliament received the assent of the President on the 29th August, 1972, and is hereby published for general informa- tion:—

THE DIPLOMATIC RELATIONS (VIENNA CONVENTION)

ACT, 1972

No. 43 OF 1972

[29th August, 1972]

An Act to give effect to the Vienna Convention on Diplomatic Rela-

tions, 1961 and to provide for matters connected therewith.

BE it enacted by Parliament in the Twenty-third Year of the Republic

of India as follows:—

1. (1) This Act may be called the Diplomatic Relations (Vienna

Convention) Act, 1972.

Short

title

and

extent.

(2) It extends to the whole of India.

2. (1) Notwithstanding anything to the contrary contained in any other law, the provisions set out in the Schedule to this Act of the Vienna Convention on Diplomatic Relations, adopted by the United Nations Conference on Diplomatic Intercourse and Immunities on the 14th day of April, 1961, shall have the force of law in India.

Applica-

tion of

Vienna

Con-

vention

on Diplo-

matic Re-

lations.

(2) The Central Government may, from time to time, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Con- vention set out therein.

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respect of the execution of the judgment, for which a separate waiver shall be necessary.

Article 33

1. Subject to the provisions of paragraph 3 of this article, a diplo- matic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State.

2. The exemption provided for in paragraph 1 of this article shall also apply to private servants who art- in the sole employ of diplomatic agent, on condition:

(a) that they are not nationals of or permanently resident in the receiving State; and

(b) that they are covered by the social security provisions which may be in force in the sending State or a third State.

3. A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.

4. The exemption provided for in paragraphs 1 and 2 of this article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State.

5. The provisions of this article shall not affect bilateral or multi- lateral agreemnts concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future.

Article 34

A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:

(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;

(b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(c) estate, succession or inheritance duties levied by the receiv- ing State, subject to the provisions of paragraph 4 of article 39;

(d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;

(e) charges levied for specific services rendered;

(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of article 23.

Article 35

The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from mili- tary obligations such as those connected with requisitioning, military contributions and billeting.

Article 36

1. The receiving State shall, in accordance with such laws and regula- tions as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage: cartage and similar services, on:

(a) articles for the official use of the mission;

(b) articles for the personal use of a diplomatic agent or mem- bers of his family forming part of his household, including articles intended for his establishment.

2. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it con- tains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative.

Article 37

1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of ihe receiving State, enjoy the privileges and immunities specified in articles 29 to 36.

2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective household, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in arti- cles 29 to 35, except that the immunity from civil and administrative juris- diction of the receiving State specified in paragraph 1 of article 31 shall not extend to acts performed outside the course of their duties, Thev shall also enjoy the privileges specified in article 36, paragraph 1, in res- pect of articles imported at the time of first installation.

3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their em- ployment and the exemption contained in article 33.

4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, bo oxemnt from dues and taxes on the emoluments they receive by reason of their employment, In other respects, thev may enjoy nrivileffes and immuni- ties only to the extent admitted by the receiving State. However, the re-

ceiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

Article 38

1. Except in so far as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national 01 or permanently resident in that State shall enjoy only immunity from juris- diction, and inviolability, in re;;peet of official acts performed in the exer- cise of his functions.

2. u t h er members of the staff of tne mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the per- formance of the functions of the missions.

Article 39

1. Every person entitled to privileges and immunities shall enjoy them irom the moment he enters tne territory of the receiving State on pro- ceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other Ministry as may be agreed.

2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment w h en he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a per- -' son in the exercise of his functions as a member of the mission, immunity shall continue to subsist.

3. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country.

4. In the event of the death of a member of the mission not a national of or permanently resident in the receiving State or a member of his family forming part of his household, the receiving State shall permit the Withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibi- ted at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.

Article 40

1. If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport|visa if such visa was necessary, while proceeding to take up or to r e t u rn to his post, or w h en returning to his own country, the third State shall accord hini inviolability and such

other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privi- leges or immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country.

2. In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories.

3. Third States shall accord to ofncjal correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers, who have been granted a passport/visa if such visa was necessary, and diplomatic bags in transit the same inviol- ability and protection as the receiving State is bound io accord.

4. The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeuro,

K. K. SUNDARAM,

Joint Secy, to the Govt, of India.

TWiTTED HY T1IF, lihNERAl. IVfANAC.hR, GOVERNMENT OF INDIA PRIiSS, MINTO ROAD,

NIT V DPI.HI AND PUBUSJIFX) HY 'I IIP, MANAGFR OF PUBLICATIONS, TET HI. 1 9 72