Booklet for Saudi Nationals visiting India

Transcription

1 Booklet for Saudi Nationals visiting India Chapter No. VI. Deals with Procedures of availing, importing, purchasing, registration and disposal of Motor Vehicles. REGULATION FOR MOTOR VEHICLES FOR EVERY PURCHASE/IMPORT OF MOTOR VEHICLES OR ITEMS OTHER THAN MOTOR VEHICLES A PRIOR APPROVAL HAS TO BE OBTAINED FROM THE PROTOCOL SPECIAL, MINISTRY OF EXTERNAL AFFAIRS, GOVT. OF INDIA, JAWAHARLAL NEHRU BHAWAN, NEW DELHI, WELL IN ADVANCE OF IMPORT OR PURCHASE. 1. Diplomats will be allowed to import availing of exemption from payment of customs duty, or purchase locally, availing of exemption from payment of excise duty one motor vehicle for their personal use within two years from the date of their arrival in India. The condition relating to purchase of vehicle within two years of arrival is, however, not applicable in the case of Heads of Missions in India. 1

2 2. Diplomats of the rank of First Secretary and above, if accompanied by members of their family, will be permitted to import duty free/purchase locally with exemption from payment of customs/excise duty a second car for personal use within a period of two years from the date of arrival in India. 3. Imported non-commercial Motor vehicles: Imported non-commercial Motor vehicles to be registered in the National Capital Region including National Capital Territory of Delhi shall conform to Bharat Stage IV emission norms. Vehicles to be registered in other State/Locality of India will similarly conform to the norms applicable in the respective state, as notified from time to time. (This condition will however not apply to CNG vehicles). The Certificate on emission norms will be obtained either from the manufacturer of the imported motor vehicle or its authorized representative. 4. All Diplomatic missions/posts will be allowed to purchase staff cars within reasonable limits on the principle of reciprocity. All cases of purchase will continue to be with the prior approval of the Protocol Special Section of the Ministry of External Affairs, Govt. of India. Requests will be cleared within one week. 5. Export of Motor Vehicles: Imported motor vehicles of the Embassy and Diplomats/Officials may be allowed to be exported without export trade control formalities, on the principle of reciprocity, on production of a certificate from the Head of the Mission concerned or an officer duly authorized by him stating that: i) The Motor vehicle was imported by the mission/privileged person without exchange control formalities. ii) No foreign currency transaction is envisaged in the proposed export; and iii) Exemption from Export trade control formalities is allowed to the Indian Diplomatic Mission, Consulate and the privileged members in the country of the Diplomat concerned. iv) Left Hands Drive Motor Vehicles cannot be sold/disposed of to a non-privileged person in India. 6. REGULATIONS FOR SALE/DISPOSAL OF MOTOR VEHICLES: A. Vehicles imported free of customs duty: The Foreign Privileged Persons Rules 1957, as amended from time to time, govern the disposal of motor vehicles imported against exemption from payment of Customs Duty. The Rules offer following options: i) Export the vehicle with prior permission of the Protocol Special on Application form no.17 (Annexure VIII) ii) Can sell to another privileged person the vehicle after one year of Registration with the permission of the MEA (on Form No.17). 2

3 iii) Can sell after three years from registration date to any non-privileged person, with the permission of the Ministry of External Affairs Protocol Spl. Division, on payment of applicable customs duty as assessed at the time of sale/disposal. (on Form No.17) iv) A privileged person if transferred before three years from Registration Date, can sell the vehicle to a non-privileged person on payment of applicable Customs duty, only if such car had been imported within one year of his arrival. v) If a car is accidental /damaged can be sold to the Insurance Company that has insured the vehicle without prejudice to the latter s rights to sell. If the Insurance Company declines the offer, the vehicle may sold to a suitable agency for scrapping only. NOTE: Left-hand drive vehicle cannot be sold/disposed of to a non-privileged person in India. 7. Sale of Duty-Free vehicles to non-privileged persons with exemption from payment of Customs Duty is allowed in the following cases: a) Dip. Missions, on the principles of reciprocity, will be allowed to sell their vehicles in the open market to non-privileged persons without payment of Customs Duty on expiry of four (4) years from Registration Date. Request for such permission may be submitted to Protocol Special in advance of final departure of the beneficiary from India. 8. Customs Duty on sale/disposal of imported Duty-Free motor vehicles to non-privileged persons is determined by and is also payable to the Commissioner of Customs nearest to the headquarters of the privileged person concerned. The Customs Duty is calculated in the following manner: a) For sale to a non-privileged person the Duty shall be determined after allowing for depreciation at the sales specified by the CBEC (Central Bureau of Excise and Customs) for imported second-hand cars. The rate of Customs Duty and the exchange rate of foreign currency shall as prevailing on the date of approval of sale/disposal. b) Duty on totally damaged vehicles shall be determined by Customs authorities taking into account the sale price as inclusive of duty. The rate of Duty shall be taken as applicable to vehicles not so damaged at the time of sale/disposal. c) If a vehicle is stolen, customs duty shall still be payable. The customs duty shall be determined taking into account the amount of insurance claim as inclusive of duty and the rate of duty shall be same as prior to its being stolen. (The missions are advised to insure the vehicles for a value equal to cost plus customs duty applicable). B. Locally Manufactured vehicles: 9. Locally manufactured cars purchased with exemption from payment of Central Excise Duty or with refund of such duty may be exported or sold or transferred to other privileged persons/organizations only the permission of the Protocol Special, MEA. Application for such sale/disposal shall be submitted in Form No 18 (Annexure IX). 3

4 10. The vehicle on completion of 3 years from Registration date may be allowed to be sold to non-privileged person with exemption from payment of Excise Duty, but this will be decided on the principle of reciprocity. 11. All Diplomatic missions are expected to respect local traffic laws. Diplomatic cars can also be fined for traffic offences of red light jumping, dangerous driving, unauthorized parking etc. In case of drunken driving, the diplomatic vehicles could be stopped and the driver prevented from driving further to avoid causing any accident under the influence of alcohol. 12. All cases of accidents involving vehicles of Diplomatic Missions/Posts should be reported to the nearest Police Station and to the Protocol Officer-III of the Ministry of External Affairs, Govt. of India giving full details of the incident and also indicating name/rank of owner as well as name/rank of user of the vehicle at the time accident. It may be noted that under Vienna Convention -1961, of diplomatic relations, the immunity of members of the Administrative and Technical staff of the Diplomatic Missions from civil and administrative jurisdiction does not extend to acts performed outside the course of their duties. PROCEDURE FOR REGISTRATION Applications for registration of imported or locally purchased vehicles need to be submitted within 30 days of import/purchase. Vehicles without proper registration mark and with AF numbers plates is in violation of local laws. a) No motor vehicle can ply on roads in India without a valid registration with the authority concerned. Procedure for Registration is as follows: Application on Form No.19 (Annexure X), in quadruplicate, to be submitted within 30 days of purchase/import/acquisition to Protocol Special Section of MEA, and to the Protocol Department of the State Govt., as applicable for those Diplomats/Officials located outside Delhi. b) After due authorization and assignment of a registration mark (CD/CC/UN) and a number, the Form No.19, after attestation of MEA will be submitted to the respective Vehicle Registration Authority. The vehicle will be produced before registration authority as may be required. c) The Registration Authority shall register the vehicle under the assigned mark and number and issue a certificate, copy of which must be available in the vehicle at all time. 4

5 PRE-REQUISITES FOR REGISTRATION 1. The vehicle to be registered should be RIGHT HAND DRIVE, have valid insurance and should conform to emission norms (EURO-IV BHARAT STAGE IV OR ABOVE ) a) Insurance against third party risks: By law it is incumbent on every individual possessing/driving/owning a motor vehicle to insure him against any liability that may arise from death of or body injury to any person caused by the use of a vehicle in a public place. The Embassy should ensure that their members having vehicles are at all times in possession of valid insurance policies against third party risks and to be renewed regularly and under no circumstances allowed to lapse. b) Insurance for Customs duty: In the event of loss/accident/damage of vehicles imported duty free, pro-rata (proportionate) customs duty has to be paid by the privileged person/organization on the amount of insurance claim. The members in their own interest should include in the value the customs duty as also the c.i.f. value of the vehicle. c) Emission Control Norms: Only those non-commercial vehicles which conform to Euro-IV or higher norms of emission, confirmed from the manufacturer of vehicle, can be registered in the National Capital Territory of Delhi. This restriction does not apply to non-commercial vehicles on CNG. 2. USE OF DIPLOMATIC/UN NUMBER PLATES. It shall be the duty of each mission and its entitled members to avoid and check any unauthorized use of CD numbers allotted to their vehicles. Following guidelines are to be noted: a) Exhibition of Registration Mark: Registration Marks/Numbers of Vehicles of the Embassy and diplomats are to be displayed in white on plates with a deep blue back ground, in English. b) A/F Number Plates: Vehicles without proper registration number and with A/F number plates is in violation of local laws. Vehicles with A/F number plates do not enjoy privileges and immunities and MEA does not intervene in matters relating to violations of traffic rules with improper and un-registered number plates. Loss of Number Plates: 5

6 In case of theft and loss of number plates the owner shall report to the nearest police station. c) Transfer & Sale of motor vehicle: The imported vehicle can be sold to a privileged person, if it is sold before four (4) years from the date of Registration, and can be sold (to a non-privilege person, in the open market) if the vehicle has completed (4) years, after taking prior concurrence for sale from the Protocol Special, MEA, Government of India, on final transfer of the diplomat/official. The vehicle can be sold in the open market to a non-privilege person before expiry of four years on payment of customs/excise duty forgone at the time of import/purchase. The time limit for sale in the open market in case of locally purchased cars is three (3) years from the date of registration. Requests for registration/transfer of imported vehicles will be entertained by the MEA only after the Bill of Entry has been amended to include the name of the new owner. (Form No. 29 Annexure XI and Form No 30 Annexure XII) d) Duplicate Certificate of Registration: If the Certificate of Registration (CR) is torn, defaced, lost or destroyed, the owner shall apply in Form 22, enclosing the torn, defaced copy to the Registering Authority for issue of a duplicate Certificate. For lost CR, the Police Report shall be appended with the Application Form No.22 (Annexure XIII). 6

7 Annexure Form 17(Application for permission to sell/ disposal of Imported Motor Vehicle) 7

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9 Annexure From 18 (Application for permission to sell/ disposal of locally manufactured Motor Vehicles) 9

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11 Annexure Form 19 (Application for registration of motor vehicles) 11

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13 Annexure Form 29 (Transfer ownership) 13

14 Annexure Form 30 (Transfer ownership) 14

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16 Annexure Form 22 (Application for issue Duplicate RC) 16