Notification No. 30 dated 2nd
June 1998 (NT) {As amended by Notification No. 29 dated 11th
May 1999 (NT))
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:
(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.
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 not more 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.
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 bona fide baggage to the
extent mentioned in column (2) of Appendix A.
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 bona fide baggage to
the extent mentioned in column (2) of Appendix B.
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 bona fide baggage to the extent mentioned in column
(2) of Appendix C.
A passenger returning to India shall be allowed
clearance free of duty jewellery in his bona fide baggage to the extent
mentioned in column (2) of Appendix D.
A tourist arriving in India shall be allowed clearance
free of duty articles in his bona fide baggage to the extent mentioned
in column (2) of Appendix E.
(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 bona
fide 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.
(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 dispatched within one month of his
arrival in India or within such further period as the Assistant Commissioner of
Customs or Deputy 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 or Deputy
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.
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 up to 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)
|
(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 at least 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
or Annexure 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 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
|
Relaxation 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,
(2) Total stay in India on short visit during the 2
preceding years should not exceed 6 months, and
(3) Passenger has not availed this concession in
the preceding three years.
|
(a) For condition (1) Shortfall of upto 2 months
in stay abroad can be condoned by Assistant Commissioner of Customs or Deputy
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.
(b) For condition (2)
Commissioner of Customs may condone short visits in
excess of 6 months in deserving cases.
(c) For condition (3)
No relaxation
|
|
(b) Jewellery taken out earlier by the passenger 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.
|
--
|
ANNEXURE I
1.���������� Firearms
2.���������� Cartridges
of firearms 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
ANNEXURE 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