| Baggage (Amendment) Rules, 2006 - (Baggage Rules, 1998) |
[ Notification No. 30/98-Cus. (N.T.), dated 2-6-1998 amended vide Notification No. 76/2006 - Customs (N.T.) dated 30/06/2006; Notification No. 30/2005 - Customs (N.T.) dated04/04/2005; Notification No. 05/2004 - Customs (N.T.) dated 08/01/2004; Notification No. 13/2004 - Customs (N.T.) dated 03/02/2004; Notification No. 11/2002 - Customs (N.T.) dated 01/03/2002; Notification No. 50/2000 - Customs (N.T.) dated 09/08/2000; Notification no. 29/1999-Cus (N.T.) dated 11-05-1999) ]
1. Short title and commencement.
-
1.(1) These rules may be called the Baggage (Amendment) Rules, 2006.
(2) They shall come into force on the 30th day of June, 2006.
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 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.
Appendix A
(See rule 3)
|
(1) |
Articles allowed free of duty |
|---|---|
|
(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. |
|
(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. |
|
(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. |
|
(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. |
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) 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. |
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 |
|---|---|
|
(a) Indian passenger returning after at least 3 months. |
(i) Used household
articles upto an aggregate value of Rs. 12,000 |
|
(b) Indian passenger returning after at least 6 months. |
(i) Used household
articles upto an aggregate value of Rs.12,000 |
|
(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 Rs.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 Rs. 10,000 by a gentleman passenger, or |
APPENDIX E
(See rule 7)
|
(1) |
Articles allowed
free of duty |
|---|---|
|
(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 (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 Bhutan or of Pakistani origin coming from Pakistan. |
(i) used personal effects and travel souvenirs, if -
(a) these goods are for personal use of the
tourist, and |
|
(c) Tourists of Nepalese origin coming from Nepal or of Bhutanese origin coming from Bhutan. |
No. free allowance. |
|
(d) Tourists – (i)
of Pakistani origin coming from Pakistan other than by land routes; |
(i) used personal effects and travel souvenirs, if
(a)these goods are for personal use of the
tourist, and (ii) articles upto a value of Rs. 6000 for making gifts. |
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 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 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
(b) For condition (2) |
|
(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. |
-- |
Annex I
1. Firearms.
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.
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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