Cus Ntf No.85/1999 Date 6/7/1999

Imports for Projects financed by UN - Duty Exexption conditions changed
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.84/97Customs, dated the 11th November, 1997, namely:

In the said notification,-

1. for the words "all the goods imported into India by the United Nations or an international organisation for execution of projects financed by them", the following words shall be substituted, namely:-
   
   "all the goods imported into India for execution of projects financed by the United Nations or an international organisation"
   
   
2. for the proviso, the following shall be substituted,. namely: -
   
   "Provided that the importer, at the time of clearance of the goods, produces before the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, having jurisdiction:-
   
   
   1. in case the said goods are intended to be used in a project financed (whether by a loan or a grant) by the United Nations and the said project has been approved by the Government of India, a certificate from an officer not below the rank of a Deputy Secretary to the Government of India, in the Ministry of Finance (Department of Economic Affairs), that the said goods are required for the execution of the said project financed by the United Nations and that the said project hat duly been approved by the Government of India, or
      
      
   2. in case the said goods are intended to be used in a project financed (whether by a loan or a grant) by the World Bank, the Asian Development Bank or any other international organisation, and the project has been approved by the Government of India, a certificate from the executive head of the Project Implementing Authority and countersigned by an officer not below the rank of a Joint Secretary to the Government of India, in the concerned Line Ministry in the Government of India, that the said goods are required for the execution of the said project and that the said project has duly been approved by the Government of India, and
      
      
   3. in case the said goods are intended to be used in a project financed (whether by a loan or a grant) by the World Bank, the Asian Development Bank or any other international organisation, and the said project has been approved by the Government of India for implementation by the Government of a State or a Union Territory a certificate from the executive head of the Project Implementing Authority and countersigned by the Principal Secretary or the Secretary (Finance), as the case may be, in the concerned State Government or the Union Territory, that the said goods are required for the execution of the said project, and that the said project has duly been approved by the Government of India for implementation by the concerned State Government";
      
      
3. for the Explanation, the following Explanation shall be substituted, namely:-
   
   "Explanation For the purposes of this notification,-
   
   
   1. "international organisation" means an international organisation to which the central Government has declared, in pursuance of section 3 of the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), that the provisions of the Schedule to the said Act shall apply;
      
      
   2. "Line Ministry" means a Ministry in the Government of India, which has been so nominated with respect to a project, by the Government of India, in the Ministry of Finance (Department of Economic Affairs)".
      
      

Sd/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India

Issued by:
Ministry of Finance Department of Revenue
New Delhi.

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