Tourist publicity literature
Notification
No. 33 dated 22nd June 1935 (As
amended by notification no. 113/57-Cus. dated 16.05.57)
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 goods described in column (2)
and subject to the limitations or conditions, if any specified in the
corresponding entry in column (3) of the applicable Schedule are exempt from the
whole of the customs duty leviable thereon:
SCHEDULE
Sl.
No.
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Goods
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Limitations
and Conditions
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(1)
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(2)
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(3)
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(i)
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Documents
(folders, pamphlets, books, magazines, guides, posters framed or
unframed photographs and photographic enlargements, maps, whether
illustrated or not, printed window transparencies).
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Provided
that-
(a)
they are imported from a country which has ratified or acceded to
Additional Protocol to the Convention concerning Customs facilities for
touring, relating to the importation of tourist publicity documents and
materials:
(b)
they are for free distribution, the chief purpose of which is to
encourage the public to visit foreign countries, inter-alia to
attend cultural, touristic, sporting, religious or professional meetings
or demonstrations held in such foreign countries;
(c)
they do not contain more than 25 percent private commercial advertising
material and are obviously designed for general publicity purposes;
(d)
in the event of fraud, contravention or abuse, the Customs authorities
shall be free to take proceedings for
recovery of Customs duties and
also for the imposition of
any penalties in accordance with any provision of law for the time being
in force;
(e)
their importation is not prohibited on consideration of public health or
hygiene, in accordance with any law for the time being in force;
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(ii)
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Lists
and Year-books of foreign hotels published or sponsored by official
tourist agencies and time-tables of transport services operating abroad.
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Provided
that-
(a)
they are imported from a country which has ratified or acceded to the
Additional Protocol to the Convention concerning Customs facilities for
touring, relating to the importation of tourist publicity
documents and materials;
(b)
they are for free distribution;
(c)
they do not contain more than 25 percent private commercial advertising
material;
(d)
in the event of fraud, contravention or abuse, the customs authorities
shall be free to take proceedings for the recovery of the
Customs duties
and also for the imposition of any penalties in accordance with
any provision of law for
the time being in force;
(e)
their importation is not
prohibited on consideration
of public morality,
public security, public
health or hygiene, in accordance with any law
for the time being in force.
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(iii)
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Technical
material sent to the accredited representatives or correspondents
appointed by national official tourist agencies, not intended for
distribution, i.e. year books, telephone directories, lists of hotels,
catalogues of fairs, samples of negligible value of handicraft,
documentation about museums, universities, spas and similar
institutions.
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Provided
that-
(a)
they are imported from a country which has ratified or acceded to the
Additional protocol to the convention
concerning Customs facilities for touring relating to the
importation of tourist publicity documents and materials;
(b)
in the event of fraud, contravention or abuse, the Customs authorities
shall be free to take proceedings for the recovery of the Customs duty
and also for the imposition of penalties
in accordance with any provision of law
for the time being in force:
(c)
their importation is not prohibited on consideration of public
morality, public security, public health or hygiene, in
accordance with law for the time being in force.
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(iv)
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Technical
material sent to the accredited representatives of correspondents
appointed by national official tourist agencies, or in other places
approved by the Customs authorities, pictures and drawings, framed
photographs and photographic enlargements, art books, paintings,
engravings or lithographs, sculptures and tapestries and other similar
works of art.
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Provided
that-
(a)
they are imported from a country which has ratified or acceded to the
Additional Protocol to the Convention concerning Customs facilities for
touring relating to the importation of tourist publicity documents and
materials;
(b)
they are imported chiefly for the purpose of encouraging the public to
visit the country of despatch inter-alia to attend cultural, tourists,
sporting, religious or professional meetings or demonstrations held in
that country;
(c)
they are imported either by an official tourist agency or by a national
tourist publicity agency affiliated therewith and proof thereof is
furnished by presenting to
the Customs authorities a declaration made out in accordance with the
model (not reproduced);
(d)
they are imported for and on the responsibility of either the accredited
representative of the official national tourist agency of the country of
despatch or of the correspondent appointed by the aforesaid agency and
approved by the Customs
authorities. The responsibility of the accredited representative
or of the approved correspondent includes in particular the payment of
the import duties which will be chargeable if the conditions laid down
here are not fulfilled;
(e)
they are re-exported without alteration by the importing agency unless
they have been destroyed in
accordance with any conditions laid down by the Customs authorities, in
which event, the importer shall be freed
from the obligation to re-export;
(f)
in the event of fraud, contravention or abuse, the Customs authorities
shall be free to take proceedings for the recovery of the Customs duties
and also for the imposition of any penalties in accordance with any
provision of law for the time being in force;
(g)
their importation is not prohibited on consideration of public morality,
public security, public health or hygiene, in accordance with any law
for the time being in force.
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(v)
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Display
material (show cases, stands and similar articles), including electrical
and mechanical equipment required for operating such display.
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(vi)
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Documentary
films, records, tape recordings and other sound recordings intended for
use in performances at which no charge is made, but excluding those
whose subjects lend themselves to commercial advertising and those which
are on general sale in the country of importation.
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(vii)
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A
reasonable number of flongs.
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(viii)
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Diagrams,
scale models, lantern slide, printing blocks, photographic negatives.
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(ix)
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Specimens
in reasonable number, of articles of national handicraft, local customs
and similar articles of folklore.
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