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Baggage (Amendment) Rules, 2006 (Baggage Rule, 1998)
[Notification No. 30/98-Cus. (N.T.), dated
2-6-1998 amended vide Notification No. 50/2014-Customs
(N.T.) dated 11-07-2014, 84/2013-Customs (N.T.) dated 19-08-2013,
25 /2013-Customs (N.T.) dated 01-03-2013, 37 /2012-Customs (N.T.)
dated 23-04-2012;. 21/2012- Customs (N.T.) dated 17-03-2012;
71/2011- Customs (N.T.) dated 14-11-2012;. 76/2006 - Customs
(N.T.) dated 30/06/2006; 30/2005 - Customs (N.T.) dated
04/04/2005; 05/2004 - Customs (N.T.) dated 08/01/2004; 13/2004 -
Customs (N.T.) dated 03/02/2004; 11/2002 - Customs (N.T.) dated
01/03/2002; 50/2000 - Customs (N.T.) dated 09/08/2000;
29/1999-Cus (N.T.) dated 11-05-1999]
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 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.
3. 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
bona fide baggage to the extent mentioned in column (2) of
Appendix A.
Provided that such Indian resident or such foreigner coming
by land route as specified in Annexure IV, shall be allowed
clearance free of duty articles in his bonafide baggage to the
extent mentioned in column (2) of Appendix 'B'."
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 bona fide 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 bona fide baggage to
the extent mentioned in column (2) of Appendix C.
6. Jewellery. -
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.
7. Tourists. -
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.
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 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.
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 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.
10. (1) 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.
Provided that
except as specified in this sub-rule, a crew member of a vessel
shall be allowed to bring items like chocolates, cheese,
cosmetics and other petty gift items for their personal or family
use which shall not exceed the value of rupees one thousand five
hundred.
(2)Notwithstanding anything contained in these rules a
crew member of an aircraft shall be allowed to bring items
gifts like chocolates, cheese, cosmetics and other petty gift
items at the time of the returning of the aircraft from foreign
journey for their personal or family use which shall not exceed
the value of rupees one thousand five hundred.
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Appendix A
(See rule 3)
| (1) |
Articles allowed free of duty (2) |
| (a) All passengers of and above 10 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. 45,000/- if these are carried on
the person or in the accompanied baggage of the passenger.
|
| (b) All passengers of and above 10 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.17,500/- if these are carried on the person
or in the accompanied baggage of the passenger.
|
| (c) All passengers up to 10 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. 17,500/- if these are carried on the person or in
the accompanied baggage of the passenger.
|
| (d) All passengers upto 10 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.. 3,000/- 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 10 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 `. 6,000 if these are carried on the person or in the
accompanied baggage of the passenger.
|
| (ii) Passengers upto 10 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 `1500 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 ` 12,000
(ii) Professional
equipment upto a value of ` 20,000.
|
| (b) Indian passenger returning after at least 6
months. |
(i) Used household articles upto an aggregate value
of `.12,000
(ii) Professional equipment
upto a value of ` 40,000.
|
| (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, Annexure II or Annexure III
upto an aggregate value of `75,000. |
| (Item (c), in column(2), in
entry (i), for the figures 30,000, the figures 75,000 has
been substituted vide Notification No. 11/2002 - Customs
(N.T.) dated March 1st, 2002) |
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 `. 50,000 by a gentleman passenger, or
(ii) Upto aggregate
value of ` 1,00,000 by a lady passenger.
|
APPENDIX E (See rule 7)
| (1) |
Articles allowed free of duty (2) |
| a) Tourists of Indian origin coming to India other
than tourists of Indian origin coming by land routes as
specified in Annexure IV; |
(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
Pakistani origin coming from Pakistan, coming to India by
air. |
(i) used personal effects
(ii) articles other
than those mentioned in Annexure I upto a value
of ` 8000 for personal use of the tourist or as
gifts and travel souvenirs if these are carried on
the person or in the accompanied baggage of the passenger.
|
(c) Tourists - (i) of Pakistani origin coming from
Pakistan other than by land routes;
(ii) of Pakistani
origin or foreign tourists coming by land routes as specified
in Annexure IV;
(iii) of Indian origin
coming by land routes as specified in Annexure IV.
|
(i) used personal effects
(ii) articles other
than those mentioned in Annexure I upto a value
of ` 6000 for personal use of the tourist or as
gifts and travel souvenirs if these are carried on
the person or in the accompanied baggage of the passenger."
|
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 the
article listed at Annexure III and jewellery upto fifty
thousand rupees by a gentleman passenger or one lakh rupees
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. |
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Annexure I
| 1. |
Firearms. |
| 2. |
Cartridges of fire arms exceeding 50. |
| 3. |
Cigarettes exceeding 100 or cigars exceeding 25 or
tobacco exceeding 125 gms. |
| 4. |
Alcoholic liquor or wines in excess of
two litres. |
| 5. |
Gold or silver, in any form, other than ornaments. |
| 6. |
Flat Panel (LCD/LED/Plasma) Television. |
Annexure II
| 1. |
Colour Television or Monochrome
Television. |
| 2. |
Digital Video Disc Player. |
| 3. |
Video Home Theatre System. |
| 4. |
Dish Washer. |
| 5. |
Music System. |
| 6. |
Air-Conditioner. |
| 7. |
Domestic refrigerators of capacity above
300 litres or its equivalent. |
| 8. |
Deep Freezer. |
| 9. |
Microwave Oven. |
| 10. |
Video camera or the combination of any
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. |
| 11. |
Word Processing Machine. |
| 12. |
Fax Machine. |
| 13. |
Portable Photocopying Machine. |
| 14. |
Vessel. |
| 15. |
Aircraft. |
| 16. |
Cinematographic films of 35 mm and above. |
| 17. |
Gold or Silver, in any form, other than
ornaments. |
Annexure III
| 1. |
Video Cassette Recorder or Video Cassette Player or
Video Television Receiver or Video Cassette Disk Player. |
| 2. |
Washing Machine. |
| 3. |
Electrical or Liquefied Petroleum Gas Cooking Range |
| 4. |
Personal Computer( Desktop Computer) |
| 5. |
Laptop Computer( Notebook Computer) |
| 6. |
Domestic Refrigerators of capacity up to
300 litres or its equivalent. |
Annexure IV
Amritsar: |
| 1. |
Amritsar Railway Station |
| 2. |
Attari Road |
| 3. |
Attari Railway Station |
| 4. |
Khalra |
Baroda: |
| 5. |
Assara Naka |
| 6. |
Khavda Naka |
| 7. |
Lakhpat |
| 8. |
Santalpur Naka |
| 9. |
Suigam Naka |
Delhi: |
| 10. |
Delhi Railway Station |
Ferozpur District: |
| 11. |
Hussainiwala |
Jodhpur Division: |
| 12. |
Barmer Railway Station |
| 13. |
Munabao Railway Station |
Baramullah District: |
| 14. |
Adoosa |
Poonch District: |
| 15. |
Chakan-da-bagh |
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