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Union of India - Section

Section 1278 in The Diplomatic Relations (Vienna Convention) Act, 1972

1278.

The object of the Bill is to give effect to the provisions of the Vienna Convention on Diplomatic Relations, 1961, to which India acceded on the 15th October, 1965, particularly those provisions which deals with immunity from local jurisdiction and exemption from taxation. The Vienna Convention is based largely on diplomatic practices as they have developed over the years and provides inter alia for the following matters:-(a) establishment of diplomatic relations in general including functions, size and location of diplomatic missions,(b) privileges and immunities to be accorded to the mission, its premises and its archieves, etc., such as inviolability, exemption from all national, regional or municipal dues or taxes, freedom of communication. etc.,(c) presonal privileges and immunities to be enjoyed by a diplomatic agent such as personal inviolability, inviolability of residence and property, immunity from jurisdiction, exemption from social security regulations, tax exemption, customs privileges, etc., and(d) obligations of a missions and its members towards the receiving States.2. While power has been taken by the Central Government to apply the privileges and immunities set out in the Vienna Convention to the diplomatic mission of a sending State and its members which is not a party to the Vienna Covention or to any other special mission and its members, provision has also been made enabling the Central Government to withdraw privileges and immunities from the diplomatic mission of a State or from members thereof if it is found that the Indian Mission or members thereof in the territory of that State or from members thereof if it is found that the Indian Mission or members thereof in the territory of that State which is a party to the Vienna Convention, are less than those conferred by the Bill.3. Exemptions from taxes and customs duties under articles 34, 36 and 37 of the Vienna Convention, set out in the Schedule to the Bill, have been regulated thereto by notifications issued under the Sea Customs Act, 1878 (now Customs Act, 1962) and the Income-tax Act, 1922 (now 1961). The Bill now seeks to provide for those matters directly - S.O.R., Gaz., of India, 25-11-71, Pt. II, S.2, Ext., p. 770.[29th August, 1972]An Act to give effect to the Vienna Convention on diplomatic Relations, 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:--