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BAGGAGE
RULES, 1998.
[M.F.
(D.R.) Notification No. 30/98-Customs(N.T.),
dated 2-6-1998, as amended] In
exercise of the powers conferred by section
79 of the Customs Act, 1962 (52 of 1962),
and in supersession of the Baggage Rules,
1994, except as respects things done or
omitted to be done before such supersession,
the Central Government hereby makes the
following rules, namely:-
1.
Short title and commencement. -
(i)
These rules may be called the Baggage Rules,
1998. (ii) They shall come into force on
the date of their publication in the Official
Gazette.
2.
Definitions.- In these rules, unless
the context otherwise requires,-
(i)
“appendix” means an Appendix
to these rules;
(ii)
“resident” means a person holding
a valid passport issued under the Passports
Act, 1967 (15 of 1967) and normally residing
in India;
(iii)“tourist”
means a person not normally resident in
India, who enters India for a stay of notmore
than six months in the course of
any twelve months period
for legitimate non-immigrant
purposes, such as touring , recreation,
sports, health, family reasons, study, religious
pilgrimage or business;
(iv)
“family” includes all persons
who are residing in the same house and form
part of the same
domestic establishment;
(v)
“professional equipment” means
such portable equipments,
instruments, apparatus and appliances
as are required in his profession, by a
carpenter, a plumber, a welder, a mason,
and the like and shall not include items
of common use such as
cameras, cassette recorders, dictaphones,
personal computers, typewriters, and other
similar articles.
Passengers
returning from countries other than Nepal,
Bhutan, Myanmar or China.- An Indian
resident or a foreigner residing in India
, returning from any country other than
Nepal, Bhutan, Myanmar or China, shall be
allowed clearance free of duty articles
in his bonafide baggage to the extent mentioned
in column (2) of Appendix A
4.
Passengers returning from Nepal,Bhutan,
Myanmar or China.- An Indian resident
or a
foreigner residing in India , returning
from Nepal, Bhutan, Myanmar or China, other
than by land route, shall be allowed clearance
free of duty articles in his bonafide baggage
to the extent mentioned in column (2) of
Appendix B.
5.
Professionals returning to India.-
An Indian passenger who was engaged in his
profession abroad shall on his return to
India be allowed clearance free of duty,
in addition to what he is allowed under
rule 3 or, as the case may be, under rule
4, articles in his bonafide baggage to the
extent mentioned in column (2) of
Appendix C.
Jewellery.- A passenger returning
to India shall be allowed clearance free
of duty Jewellery in
his bonafide baggage to the extent mentioned
in column (2) of Appendix D.
7.
Tourists.- A tourist arriving in
India shall be allowed clearance free of
duty articles in his
bonafide baggage to the extent mentioned
in column (2) of Appendix E
8.Transfer
of residence.-
(1)
A person who is transferring his residence
to India shall be allowed clearance free
of duty, in addition to what he is allowed
under rule 3 or, as the case may be, under
rule 4, articles in his bonafide baggage
to the extent mentioned in column (1) of
Appendix F, subject to the conditions, if
any, mentioned in the corresponding entry
in column (2) of the said Appendix.
(2)
The conditions may be relaxed to the extent
mentioned in column (3) of the said Appendix.
9.
Provisions regarding unaccompanied baggage.-
(1)
Provisions of these Rules are also extended
to unaccompanied baggage except where they
have been specifically excluded.
(2)
The unaccompanied baggage had been in the
possession abroad of the passenger and is
despatched within one month of his arrival
in India or within such further period as
the Assistant Commissioner of Customs may
allow.
(3)
The unaccompanied baggage may land in India
upto 2 months before the arrival of the
passenger or within such period, not exceeding
one year, as the Assistant Commissioner
of Customs may allow, for reasons to be
recorded, if he is satisfied that the passenger
was prevented from arriving in India within
the period of two months due to circumstances
beyond his control such as sudden illness
of the passenger or a member of his family,
or natural calamities or disturbed conditions
or disruption of the transport or travel
arrangements in the country or countries
concerned or any other reasons, which necessitated
a change in the travel schedule of the passenger.
10.
Application of these Rules to members of
the crew.- The provisions of these Rules
shall
apply in respect of members of the crew
engaged in a foreign going vessel for importation
of their baggage at the time of final pay
off on termination of their engagement.
Appendix A (See
rule 3)
| (1) |
Articles
allowed free of duty (2) |
(a)
All passengers of and above 12 years
of age and returning after stay
abroad of
more than three days. |
(i)Used
personal effects, excluding Jewellery,
required for satisfying daily necessities
of life. |
(ii)
Articles other than those mentioned
in
Annex.I upto a value of Rs. 12,000
if these
are carried on the person or in
the
accompanied baggage of the passenger. |
(b)
All passengers of and above 12 years
of age and returning after stay
abroad of
three days or less. |
(i)Used
personal effects, excluding Jewellery,
required for satisfying daily necessities
of life. |
(ii)
Articles other than those mentioned
in
Annex.I upto a value of Rs. 6,000
if these are
carried on the person or in the
accompanied baggage of the passenger. |
(c)
All passengers upto 12 years of
age
and returning after stay abroad
of more
than three days. |
(i)Used
personal effects, excluding Jewellery,
required for satisfying daily necessities
of life. |
(ii)
Articles other than those mentioned
in
Annex.I upto a value of Rs. 3,000
if these
are carried on the person or in
the
accompanied baggage of the passenger. |
(d)
All passengers upto 12 years of
age
and returning after stay abroad
of three
days or less. |
(i)Used
personal effects, excluding Jewellery,
required for satisfying daily necessities
of life. |
(ii)
Articles other than those mentioned
in
Annex.I upto a value of Rs
1,500 if these
are carried on the person or in
the
accompanied baggage of the passenger. |
Explanation.-The
free allowance under this rule shall not
be allowed to be pooled with the free allowance
of any other passenger .
Appendix B (See rule 4)
| (1) |
Articles
allowed free of duty (2) |
(i)
Passengers of and above 12 years
of age
and returning after stay abroad
of more than
three days. |
(i)Used
personal effects, excluding Jewellery,
required for satisfying daily necessities
of life. |
(ii)
Articles other than those mentioned
in
Annex.I upto a value of Rs. 3,000
if these are
carried on the person or in the
accompanied
baggage of the passenger. |
(ii)Passengers
upto 12 years of age and
returning after stay abroad of more
than
three days. |
(i)Used
personal effects, excluding Jewellery,
required for satisfying daily necessities
of life. |
(ii)
Articles other than those mentioned
in
Annex.I upto a value of Rs. 750
if these are
carried on the person or in the
accompanied baggage of the passenger. |
Explanation.-The
free allowance under this rule shall not
be allowed to be pooled with the free allowance
of any other passenger .
Appendix C (See rule 5)
| (1) |
Articles
allowed free of duty (2) |
(a)
Indian passenger returning after
atleast 3 months |
(i)
Used household articles upto an
aggregate value of Rs. 6,000/-. |
(ii)
Professional equipment upto a value
of Rs 10,000/-. |
(b)
Indian passenger returning after
at
least 6 months. |
(i)
Used household articles upto an
aggregate
value of Rs. 6,000/-. |
(ii)
Professional equipment upto a value
of Rs. 20,000/-. |
(c)
Indian passenger returning after
a stay of
minimum 365 days during the preceding
2
years on termination of his work,
and who has
not availed this concession in the
preceding
three years. |
(i)
Used household articles and personal
effects,
(which have been in the possession
and use
abroad of the passenger or his family
for at
least six months),and which are
not mentioned
in Annex I Annex II upto an aggregate
value
of Rs. 30,000/-. |
.
Appendix D (See rule 6)
| (1) |
Jewellery
(2) |
Indian
passenger who has been residing
abroad for over one year. |
(i)
Jewellery upto an aggregate value
of
Rs. 10,000/- by a gentleman passenger,
or |
(ii)
Upto an aggregate value of Rs. 20,000/-
by a lady passenger. |
Appendix E (See rule 7)
| (1) |
Articles
allowed free of duty (2) |
| (a)
Tourists of Indian origin |
(i)
Used personal effects and travel
souvenirs, if-
(a) these goods are for personal
use of the
tourist, and
(b) these goods, other than
those consumed
during the stay in India, are re-exported
when
the tourist leaves India for a foreign
destination. |
(ii)
articles as allowed to be cleared
under
rule 3 or rule 4. |
(b)
Tourists of foreign origin other
than those of Nepalese origin coming
from Nepal or of Bhutanese origin
coming from Bhutan. |
(i)
Used personal effects and travel
souvenirs, if-
(a) these goods are for personal
use of the
tourist, and
(b) these goods, other than
those consumed
during the stay in India, are re-exported
when
the tourist leaves India for a foreign
destination. |
(ii)
articles other than those mentioned
in
Annex.I upto a value of Rs.
4,000 for
making gifts. |
(c)
Tourists of Nepalese origin coming
from Nepal or of Bhutanese origin
coming from Bhutan. |
No
free allowance. |
Appendix F (see rule 8)
| Articles
allowed free of duty |
Conditions |
Relaxations
that may be considered |
(a)
Used personal and
household articles, other
than those listed at Annex I
or Annex II but including
Jewellery upto ten thousand
rupees by a gentleman
passenger or rupees
twenty thousand by a lady
passenger. |
(1)
Minimum stay of two years
abroad, immediately preceding
the date of his arrival on TR, |
(a)
For condition (1)
Shortfall of upto 2 months in
stay abroad can be condoned
by Assistant Commissioner of
Customs if the early return is on
account of :
(i) terminal leave or vacation
being availed of by the
passenger; or
(ii) any other special
circumstances. |
(2)
total stay in India on short
visit during the 2 preceding
years should not exceed 6
months, and |
(b)
For condition (2)
Commissioner of Customs may
condone short visits in excess
of 6 months in deserving cases. |
(3)
passenger has not availed
this concession in the preceding
three years. |
(c)
For condition (3)
No relaxation. |
(b)
Jewellery taken out
earlier by the passanger or
by a member of his family
from India |
Satisfaction
of the Asstt.
Commissioner of Customs
regarding the Jewellery having
been taken out earlier from
India |
--- |
Annex I
1.
Fire arms.
2. Cartridges of fire arms exceeding 50.
3. Cigarettes exceeding 200 or cigars exceeding
50 or tobacco exceeding 250 gms.
4. Alcoholic liquor and wines in excess
of one litre each.
5. Gold or silver, in any form, other than
ornaments.
Appendix A Appendix B
Appendix C Appendix F
Annex II
1. Colour Television/Monochrome Television.
2.Video Cassette Recorder/ Video Cassette
Player/ Video Television Receiver.
3.Washing Machine.
4.Electrical/ Liquefied Petroleum Gas Cooking
Range (other than Electrical/ Liquefied
Petroleum Gas stoves with not more than
two burners and without any extra attachment.
5.Dish Washer.
6.Music System.
7.Personal Computer.
8.Air Conditioner.
9.Refrigerator.
10.Deep Freezer.
11.Microwave Oven
12.Video camera or the combination of such
video camera with one or more of the following
goods, namely:-
(a) Television Receiver;
(b) Sound recording or
reproducing apparatus;
(c) Video reproducing
apparatus.
13. Word Processing Machine.
14. Fax machine.
15.Vessels.
16.Aircraft.
17.Cinematographic films of 35 mm and above.
18.Gold or silver, in any form, other than
ornaments. |
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