REGD. NO D. L.-33004/99 The Gazette of India EXTRAORDINARY
PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 87] NEW DELHI, THURSDAY, FEBRUARY 10, 2000/MAGHA 21, 1921 374 GI/2000 (1) 2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION New Delhi, the 9th February, 2000 S. O.118(E).—Whereas the Government of India acceded to the United Nations Convention on the Privileges and Immunities of the Specialised Agencies on February 10, 1949; and Whereas the International Fund for Agricultural Development (hereinafter "the Fund") established as one of the Specialised Agencies on December 16, 1977 is seeking India's ratification of the Convention on the Privileges and Immunities of the Specialised Agencies with respect to its activities, specially in India, in terms of section 41 of the said Convention;
3 Now, Therefore, in pursuance of section 3 of the United Nations ( Privileges and Immunities) Act 1947 (XLVI of 1947), the Government of India is pleased to declare that the provisions of the Schedule to the said Act shall apply mutatis mutandis to the representatives and officers of the Fund subject to the following modifications, namely:
(1) The privileges, immunities, exemptions and facilities referred to in section 19 of the Act shall also be accorded to any Vice-President of the Fund.
(2) (i) Experts (other than officials coming within the scope of article V) servicing on committees of, or performing missions for the Fund shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including the time spent on journey in connection with service on such committees or missions:
(a) immunity from personal arrest or seizure of their personal baggage;
(b) in respect of words spoken or written or acts done by them in the performance of their official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Fund;
(c) the same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on temporary official missions;
(d) inviolability of their papers and documents relating to the work on which they are engaged for the Fund and, for the purpose of their communications with the Fund, the right to use codes and to receive papers or correspondence by courier or in sealed bags.
(ii) In connection with (d) of 2 (i) above, the principle contained in the last sentence of section 12 of the standard clauses of the Convention shall be applicable.
4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(II)]
(iii) Privileges and immunities are granted to the experts in the interests of the fund and not for the personal benefit of the individuals themselves. The Fund shall have the right and the duty to waive the immunity of any expert in any case where in its opinion the immunity would impede the course of justice, and it can be waived without prejudice to the interests of the Fund.
2. The notification shall come into force on the date of its publication in the official gazette.
[File No UI/451/1/99] A. GOPINATHAN, Jt. Secy.
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