| 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.
         | Goods
         | Limitations
        and Conditions
         |  
      | (1)
         | (2)
         | (3)
         |  
      | (i)
         | Documents
        (folders, pamphlets, books, magazines, guides, posters framed or
        unframed photographs and photographic enlargements, maps, whether
        illustrated or not, printed window transparencies). 
        
         | 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; 
         |  
      | (ii)
        
         | Lists
        and Year-books of foreign hotels published or sponsored by official
        tourist agencies and time-tables of transport services operating abroad.
         | 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.   
        
         |  
      | (iii)
        
         | 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.  
         | 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.        
        
         |  
      | (iv)
        
         | 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.  
         | 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. 
         |  
      | (v)
        
         | Display
        material (show cases, stands and similar articles), including electrical
        and mechanical equipment required for operating such display. 
         |  
         |  
      | (vi)
        
         | 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. 
         |  
         |  
      | (vii)
        
         | A
        reasonable number of flongs.
         |  
         |  
      | (viii)
         | Diagrams,
        scale models, lantern slide, printing blocks, photographic negatives.
         |  
         |  
      | (ix)
        
         | Specimens
        in reasonable number, of articles of national handicraft, local customs
        and similar articles of folklore. 
         |  
         |   
 |