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BAGGAGE RULES,
1998
(as on 04.04.2004)
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| (This is the complete text of the
Baggage Rules. For elaboration and explanation of the various
aspects of the rules, please explore the respective links provided
at the home page for details) |
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| 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 super session, the Central Government
hereby makes the following rules, namely :
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| 1. Short title and commencement
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| 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.
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| 2. Definitions |
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| In these rules, unless the context otherwise
requires:-
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| (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.
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| 3. Passengers returning from countries
other than Nepal, Bhutan, Myanmar or China
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| 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.
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’.
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| 4. Passengers returning from Nepal,
Bhutan, Myanmar or China
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| 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.
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| 5. Professionals returning to India |
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| 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.
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| 6. Jewellery |
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| 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.
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| 7. Tourists
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| 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.
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| 8. Transfer of residence |
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| 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.
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| 9. Provisions regarding unaccompanied
baggage
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| 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.
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| 10. Application of these Rules to
members of the crew
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| (1) 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 six 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 six hundred.
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| Appendix A (See Rule 3) |
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Articles allowed free of duty
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(a)
All passengers of and above 10 years of age and returning
after stay abroad of more than three days.
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(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 25000 if these are carried on the
person or in the accompanied baggage of the passenger.
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(b)
All passengers of and above 10years of age and returning
after stay abroad of three days or less.
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(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 12000 if these are carried on the
person or in the accompanied baggage of the passenger.
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(c)
All passengers upto 10 years of age and returning after
stay abroad of more than three days.
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(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 6000 if these are carried on the
person or in the accompanied baggage of the passenger.
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(d)
All passengers upto 10 years of age and returning after
stay abroad of three days or less.
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(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 3000 if these are carried on the
person or in the accompanied baggage of the passenger
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| Explanation: |
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| The free allowance under this rule shall
not be allowed to be pooled with the free allowance of any other
passenger.
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| Appendix B (See Rule 4)
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Articles allowed free of duty
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(i)
Passengers of and above 10 years of age and returning
after stay abroad of more than three days.
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(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 6000 if these are carried on the
person or in the accompanied baggage of the passenger.
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(ii)
Passengers upto 10 years of age and returning after stay
abroad of more than three days.
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(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 1500 if these are carried on the
person or in the accompanied baggage of the passenger.
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| Explanation: |
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| The free allowance under this rule shall
not be allowed to be pooled with the free allowance of any other
passenger.
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| Appendix C (See Rule 5) |
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Articles allowed free of duty
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(a)
Indian passenger returning after atleast 3 months.
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(i)
Used household articles upto an aggregate value of Rs
12000.
(ii) Professional equipment upto a value of Rs 20000.
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(b)
Indian passenger returning after at least 6 months.
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Used household articles upto an aggregate value of Rs
12000.
(ii) Professional equipment upto a value of Rs 40000.
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(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
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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 or Annexure III upto an aggregate
value of Rs 75000. |
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| Appendix D (See Rule 6) |
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Jewellery
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Indian
passenger who has been residing abroad for over one year.
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(i)
Jewellery upto an aggregate value of Rs 10000 by a gentleman
passenger, or
(ii) upto an aggregate value of Rs 20000 by a lady
passenger.
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| Appendix E (See Rule 7) |
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Jewellery
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(a)
Tourists of Indian origin coming to India other than tourists
of Indian origin coming by land routes as specified in
Annexure IV.
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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.
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(b)
Tourists of foreign origin other than those of Nepalese
origin coming from Nepal or of Bhutanese origin coming
from Bhutan or of Pakistani origin coming from Pakistan.
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(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 8000 for making gifts.
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(c)
Tourists of Nepalese origin coming from Nepal or of Bhutanese
origin coming from Bhutan.
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No free allowance.
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| (d)
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.
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(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 6000 for making gifts.
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| Appendix F (See Rule 8)
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Articles allowed free of duty
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Conditions
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Relaxation that may be considered
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(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 ten thousand
rupees by a gentleman passenger or rupees twenty thousand
by a lady passenger.
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(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.
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(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.
(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
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(b)
Jewellery taken out earlier by the passenger or by a member
of his family from India.
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Satisfaction
of the Assistant Commissioner of Customs regarding the
jewellery having been taken out earlier from India.
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| Annexure I
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| 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 or wines in excess of two litres .
5.Gold or silver, in any form, other than ornaments.
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| Annexure II
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| 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:-
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(a)Television Receiver;
(b)Sound recording or reproducing apparatus;
(c)Video reproducing apparatus.
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| 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.
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| Annexure III |
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| 1.Video Cassette Recorder/Video Cassette
Player/Video Television Receiver / Video Cassette Disc Player.
2.Washing Machine.
3.Electrical/Liquefied Petroleum Gas Cooking Range.
4.Personal Computer/ Desktop Computer.
5.Notebook Computer/ Laptop Computer.
6.Domestic Refrigerators of capacity up to 300 litres or
its equivalent.
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| Annexure IV |
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| Amritsar: |
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(1) Amritsar Railway Station
(2) Attari Road
(3) Attari Railway Station
(4) Khalra |
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| Baroda: |
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(5) Assara Naka
(6) Khavda Naka
(7) Lakhpat
(8) Santalpur Naka
(9) SuigamNaka |
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| Delhi: |
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| (10) Delhi Railway Station |
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| Ferozpur District: |
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| (11) Hussainiwala |
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| Jodhpur Division: |
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(12) Barmer Railway Station
(13) Munabao Railway Station |
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| Baramullah District: |
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| (14) Adoosa |
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