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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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