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[ 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) ]
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1. Short title and
commencement. -
(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)
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(1) |
Articles
allowed free of duty
(2) |
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(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. 25,000
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. 12,000
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. 6,000 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.
|
(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)
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(1)
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(2)
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(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 Rs. 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 Rs. 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)
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(1)
|
Articles
allowed free of duty
(2) |
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(a) Indian
passenger returning after at least 3
months. |
(i) Used household
articles upto an aggregate value of Rs.
12,000
(ii) Professional equipment upto a value
of Rs. 20,000. |
|
(b) Indian
passenger returning after at least 6
months. |
(i) Used household
articles upto an aggregate value of
Rs.12,000
(ii) Professional equipment upto a value
of Rs. 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
Rs.75,000. |
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(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)
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(1) |
Jewellery
(2) |
|
(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)
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(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;
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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 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
(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 upto a value of Rs.8000
for making gifts. |
|
(c) Tourists of
Nepalese origin coming from Nepal or of
Bhutanese origin coming from Bhutan.
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No. free allowance. |
|
(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.
|
(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 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 |
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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. |
(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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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.
Annex 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.
Annex 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.
Annex 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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