The International Development Association (Status, Immunities and Privileges) Act, 1960

THE INTERNATIONAL DEVELOPMENT ASSOCIATION (STATUS, IMMUNITIES

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THE INTERNATIONAL DEVELOPMENT ASSOCIATION (STATUS, IMMUNITIES AND PRIVILEGES) ACT, 1960 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. Conferment of status and certain immunities and privileges on the Association and conferment of certain immunities and privileges on its officers and employees. Notifications under section 3 and rules under section 4 to be placed before Parliament.

THE INTERNATIONAL DEVELOPMENT ASSOCIATION (STATUS, IMMUNITIES

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Section 1 — Short title, extent and commencement

Section 2 — Definitions

Section 3 — Conferment of status and certain immunities and privileges on the Association and conferment of certain immunities and privileges on its officers and employees

Section 4 — Power to make rules

Section 5 — Notifications under section 3 and rules under section 4 to be placed before Parliament

THE INTERNATIONAL DEVELOPMENT ASSOCIATION (STATUS, IMMUNITIES AND PRIVILEGES) ACT, 1960 ACT NO. 32 OF 1960 [9th September, 1960.] An Act to implement the international agreement for the establishment and operation of the International Development Association in so far as it relates to the status, immunities and privileges of that Association, and for matters connected therewith. BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:— 1. Short title, extent and commencement.—(1) This Act may be called the International Development Association (Status, Immunities and Privileges) Act, 1960. (2) It extends to the whole of India. Definitions.—In this Act, unless the context otherwise requires,— (a) “Agreement” means the Agreement for the establishment and operation of the international body known as the International Development Association; (b) “Association” means the International Development Association established under the Agreement. Conferment of status and certain immunities and privileges on the Association and conferment of certain immunities and privileges on its officers and employees.—(1) Notwithstanding anything to the contrary contained in any other law, the provisions of Article VIII of the Agreement set out in the Schedule shall have the force of law in India: Provided that nothing in section 9 thereof shall be construed as— (a) entitling the Association to import into India goods free of any duty of customs without any restriction on their subsequent sale therein; or (b) conferring on the Association any exemption from duties or taxes which form part of the price of goods sold; or (c) conferring on the Association any exemption from duties or taxes which are in fact no more than charges for services rendered. (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 Agreement set out therein.

THE SCHEDULE

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THE SCHEDULE (See section 3) Provisions of the agreement which shall have force of law ARTICLE VIII STATUS, IMMUNITIES AND PRIVILEGES Section 1.—Purposes of Article. To enable the Association to fulfil the functions with which it is entrusted, the status, immunities and privileges provided in this Article shall be accorded to the Association in the territories of each member. Section 2.—Status of the Association. The Association shall possess full juridical personality and, in particular, the capacity:— (i) to contract; (ii) to acquire and dispose of immovable and movable property; (iii) to institute legal proceedings. Section 3.—Position of the Association with regard to Judicial Process. Actions may be brought against the Association only in a court of competent jurisdiction in the territories of a member in which the Association has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities.

(ii) not being local nationals, shall be accorded the same immunities from immigration

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Section 9 — Immunities from Taxation

(ii) not being local nationals, shall be accorded the same immunities from immigration restrictions, alien registration requirements and national service obligations and the same facilities as regard exchange restrictions as are accorded by members to the representatives, officials, and employees of comparable rank of other members; (iii) shall be granted the same treatment in respect of travelling facilities as is accorded by members to representatives, officials and employees of comparable rank of other members. Section 9.—Immunities from Taxation. (a) The Association, its assets, property, income and transactions authorized by this Agreement, shall be immune from all taxation and from all customs duties. The Association shall also be immune from liability for the collection or payment of any tax or duty. (b) No tax shall be levied on or in respect of salaries and emoluments paid by the Association to Executive Directors, Alternates, officials or employees of the Association who are not local citizens, local subjects, or other local nationals. (c) No taxation of any kind shall be levied on any obligation or security issued by the Association (including any dividend or interest thereon) by whomsoever held, (i) which discriminates against such obligation or security solely because it is issued by the Association; or (ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Association. (d) No taxation of any kind shall be levied on any obligation or security guaranteed by the Association (including any dividend or interest thereon) by whomsoever held, (i) which discriminates against such obligation or security solely because it is guaranteed by the Association; or (ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Association.