The United Nations (Privileges and Immunities) Act, 1947
# THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947
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 ARRANGEMENT OF SECTIONS
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SECTIONS

1. Short title.
2. Conferment on United Nations and its representatives and officers and certain privileges and

immunities.

3. Power to confer certain privileges and immunities on other international organisations and their

representatives and officers.

4. Power to make rules.

THE SCHEDULE.

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# THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947
 ACT NO. 46 OF 1947[1]

[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.**

**2. 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.

**3. 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.

**4. Power to make rules.—[2][(1)] The Central Government may** [3][by notification in the Official

Gazette] make rules for carrying out the purposes of this Act.

3[(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each

House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule.]

1. This Act has been extended to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule and to the State of

Sikkim (w.e.f. 12-1-1976) vide notification No. G.S.R. 19(E), dated 12-1-1976.

2. Section 4 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
3. Ins. by s. 2, ibid. (w.e.f. 15-5-1986).

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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.

SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the

United Nations, wherever located and by whomsoever held, shall be immune from search, requisition,
confiscation, expropriation and any other form of interference, whether by executive, administrative,
judicial or legislative action.

SECTION 4. The archives of the United Nations, and in general all documents belonging to it or held

it, shall be inviolable wherever located.

SECTION 5. Without being restricted by financial controls, regulations or moratoria of any kind,

(a) the United Nations shall be free to transfer its funds, gold or currency of any kind and operate

accounts in any currency;

(b) the United Nations shall be free to transfer its funds, gold or currency from one country to

another or within any country and to convert any currency held by it into any other currency.

SECTION 6. In exercising its rights under section 5 above, the United Nations shall pay due regard to

any representations made by the Government of any Member in so far as it is considered that effect can
be given to such representations without detriment to the interests of the United Nations.

SECTION 7. The United Nations, its assets, income and other property shall be:

(a) exempt from all direct taxes; it is understood, however, that the United Nations will not claim

exemption from taxes which are, in fact, no more than charges for public utility services;

(b) exempt from customs duties and prohibitions and restrictions on imports and exports in

respect of articles imported or exported by the United Nations for its official use. It is understood,
however, that articles imported under such exemption will not be sold in the country into which they
were imported except under conditions agreed with the Government of that country;

(c) exempt from customs duties, prohibitions, and restrictions on imports and exports in respect of

its publications.

SECTION 8. While the United Nations will not, as a general rule, claim exemption from excise duties

and from taxes on the sale of movable and immovable property which form part of the price to be
paid, nevertheless when the United Nations is making important purchase of official for official use of
property on which such duties and taxes have been charged or are chargeable. Members will, whenever
possible, make appropriate administrative arrangements for the remission or return of the amount of duty
or tax.

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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.

SECTION 10. 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 12. In order to secure, for the representatives of Members to the principal and subsidiary

organs of the United Nations and to conferences convened by the United Nations, complete freedom of
speech and independence in the discharge of their duties, the immunity from legal process in respect of
words spoken or written and all acts done by them in discharging their duties shall continue to be
accorded, notwithstanding that the persons concerned are no longer the representatives of Members.

SECTION 13. Where the incidence of any form of taxation depends upon residence, periods during

which the representatives of Members to the principal and subsidiary organs of the United Nations and to
conference convened by the United Nations are present in a State for the discharge of their duties shall not
considered as period of residence.

SECTION 14. Privileges and immunities are accorded to the representatives of Members not for the

personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their
functions in connection with the United Nations. Consequently a Member not only has the right but is
under a duty to waive the immunity of its representative in any case where in the opinion of the Member
the immunity would impede the court of justice, and it can be waived without prejudice to the purpose for
which the immunity is accorded.

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SECTION 15. 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.

SECTION 16. In this article the expression “representative” shall be deemed to included all delegates,

deputy delegates, advisers, technical experts and secretaries of delegations.

ARTICLE V

OFFICIALS

SECTION 17. 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.

SECTION 18. Officials of the United Nations shall;

(a) be immune from legal process in respect of words spoken for written and all acts performed

by them in their official capacity;

(b) be exempt from taxation on the salaries and emoluments paid of them by the United Nations;

(c) be immune from national service obligations;

(d) be immune, together with their spouses and relatives dependent of them, from immigration

restrictions and alien registration;

(e) be accorded the same privileges in respect of exchange facilities as are accorded to the

officials of comparable ranks forming part of diplomatic missions to the Government concerned;

(f) be given, together with their spouses and relatives dependent on them, the same repatriation

facilities in time of international crisis as diplomatic envoys;

(g) have the right to import free of duty their furniture and effects at the time of first taking up

their post in the country in question.

SECTION 19. In addition to the immunities and privileges specified in section 18, the secretary-general

and all Assistant Secretaries-General shall be accorded in respect of themselves, their spouses and minor
children, the privileges and immunities exemptions and facilities accorded to diplomatic envoys, in
accordance with international law.

SECTION 20. Privileges and immunities are granted to officials 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 official in any case where, in his opinion, the immunity would
impede the course of justice and can be waived without prejudice to the interests of the United Nations. In
the case of the Secretary-General, the Security Council shall have the right to waive immunity.

SECTION 21. The United Nations shall co-operate at all times with the appropriate authorities of

Members to facilitate the proper administration of justice, secure the observance of police regulations and
prevent the occurrence of any abuse in connection with the privileges, immunities and facilities
mentioned in this Article.

ARTICLE VI

EXPERTS ON MISSIONS FOR THE UNITED NATIONS

SECTION 22. Experts (other than officials coming within the scope of Article V) performing missions

for the United Nations shall be accorded such privileges and immunities as are necessary for the
independent exercise of their functions during the period of their missions, including the time spent on
journeys in connection with their missions. In particular they shall be accorded:

(a) immunity from personal arrest or detention and from seizure of their personal baggage;

(b) in respect of words spoken or written and acts done by them in the course of the performance

of their mission, immunity from legal process of every kind. This immunity from legal process shall

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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.

SECTION 23. 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.

ARTICLE VII

UNITED NATIONS LAISSEZ-PASSER

SECTION 24. The United Nations may issue United Nations Laissez-passer to its officials. These

laissez-passer shall be recognised and accepted as valid travel documents by the authorities of Members,
taking into account the provisions of section 25.

SECTION 25. Applications for visas (where required) from the holders of United Nations

Laissez-passer, when accompanied by a certificate that they are travelling on the business of the United
Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for
speedy travel.

SECTION 26. 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.

SECTION 27. 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.

SECTION 28. The provisions of this article may be applied to the comparable officials of specialised

agencies if the agreements for relationship made under Article 63 of the charter so provide.

ARTICLE VIII

SETTLEMENT OF DISPUTES

SECTION 29. The United Nations shall make provisions for appropriate modes of settlement of;

(a) disputes arising out of contracts or other disputes of a private law character to which the

United Nations is a party;

(b) disputes involving any official of the United Nations who by reason of his official position

enjoys immunity, if immunity has not been waived by the Secretary-General.

SECTION 30. All differences arising out of the interpretation or application of the present convention

shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have
recourse to another mode of settlement. If a difference arises between the United Nations on the one hand
and a Member on the other hand, a request shall be made for an advisory opinion on any legal question
involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The
opinion given by the Court shall be accepted as decisive by the parties.

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