The United Nations (Privileges and Immunities) Act, 1947

THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947

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THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Conferment on United Nations and its representatives and officers and certain privileges and immunities. Power to confer certain privileges and immunities on other international organisations and their representatives and officers.

THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947

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Section 1 — Short title

Section 2 — Conferment on United Nations and its representatives and officers and certain privileges and immunities

Section 3 — Power to confer certain privileges and immunities on other international organisations and their representatives and officers

Section 4 — Power to make rules

THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947 1 ACT NO. 46 OF 1947 [20th December, 1947.] An Act to give effect to the Convection on the Privileges and immunities of the United Nations. WHEREAS it is expedient 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 officials; It is hereby enacted as follows:— 1. Short title.—This Act may be called the United Nations (Privileges and Immunities) Act, 1947. Conferment on United Nations and its representatives and officers and certain privileges and immunities.—(1) Notwithstanding anything to the country contained in any other law, the provisions set out in the Schedule to this Act of the Convention on the Privileges and Immunities, adopted by the General Assembly of the United Nations on the 13th day of February, 1946, shall have the force of Law in India. (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 Convention set out therein. Power to confer certain privileges and immunities on other international organisations and their representatives and officers.—Where in pursuance of any international agreement, convention or other instrument it is necessary to accord to any international organisation and its representatives and officers privileges and immunities in India similar to those contained in the provisions set out in the Schedule, the Central Government may, by notification in the Official Gazette, declare that the provisions set out in the schedule shall, subject to such modification, if any it may consider necessary or expedient for giving effect to the said agreement, convention or other instrument, apply mutatis mutandis to the international organisation specified in the notification and its representatives and officers, and thereupon the said provisions shall apply accordingly and, notwithstanding anything to the contrary contained in any other law, shall in such application have the force of law in India.

THE SCHEDULE

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THE SCHEDULE (See sections 2 and 3) ARTICLE I JURIDICAL PERSONALITY SECTION 1. The United Nations shall possess juridical personality. It shall have the capacity: (a) to contract; (b) to acquire 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 except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

ARTICLE III

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ARTICLE III FACILITIES IN RESPECT OF COMMUNICATIONS SECTION 9. The United Nations shall enjoy in the territory of each Member for its official communications treatment not less than that accorded by the Government of that member to any other Government including diplomatic mission in the matter of priorities, rates and taxes on mails, cables, telegrams, telephotos and telephone and other communications; and press rate for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the United Nations. The United Nations shall have the right to use codes and despatch and receive its corresponds by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags. ARTICLE IV THE REPRESENTATIVE OF MEMBERS SECTION 11. Representative 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 of 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 done by them in their capacity as representatives, immunity from legal process of every kind; (b) inviolability for all papers and documents; (c) the right to use codes and to receive papers or correspondence by courier or in sealed bags; (d) exemption in respect of themselves and their spouses from immigration restrictions, aliens registration or national service obligations in the state they are visiting or through which they are passing in the exercise of their functions; (e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; (f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys; and also (g) such other privileges, immunities and facilities not inconsistent with foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.

SECTION 15. The provisions of sections 11, 12 and 13 are not applicable as between a representative

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The provisions of sections 11, 12 and 13 are not applicable as between a representative and the authorities of the State of which he is a national or which he is or has been the representative. In this article the expression “representative” shall be deemed to included all delegates, deputy delegates, advisers, technical experts and secretaries of delegations. The Secretary-General will specify the categories of officials to which the provisions of this Article and Article VII shall apply. He shall submit these categories s to the General Assembly. Thereafter these categories shall be communicated to the Governments of all members. The name of the officials included in these categories shall from time to time be made Known to the Government of Members.

continue to be accorded notwithstanding that the persons concerned are no longer employed on

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continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations; (c) inviolability for all papers and documents; (d) for the purpose of their communications with the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealed bags; (e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; (f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys. Privileges and immunities are granted to experts in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any export in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations. In addition, such persons shall be granted facilities for speedy travel. Similar facilities to those specified in section 25 shall be accorded to experts and other persons who, though not the holders of United Nations Laissez-passer, have a certificate that they are travelling on the business of the United Nations. The Secretary-General, Assistant Secretary-General and Directors travelling on United Nations Laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys.