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BAGGAGE RULES, 1998

R.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.

R.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.

R.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.
       20Provided 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.
       20. Substituted for the following proviso w.e.f. 04.04.2005 by Baggage (Amendment) Rules, 2005 vide notification no.30/2005-NT:-
       1[Provided that such Indian resident or such foreigners returning from Pakistan, by land route, shall be allowed clearance free duty articles in his bona fide baggage to the extent mentioned in column (2) of Appendix "B".]
       1. Inserted by M.F. (D.R.) Notification No. 50/2000-Cus. (N.T.), dated 9-8-2000.

R.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.

R.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.

R.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.

R.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.

R.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.

R.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 despatched within one month of his arrival in India or within such further period as the 2[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 2[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.
       2. Inserted by M.F. (D.R.) Notification No. 50/2000-Cus. (N.T.), dated 9-8-2000.

R.10 Application of these Rules to members of the crew

       8(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.
       7[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.]
       7.Substituted by M.F. (D.R.) Notification No. 50/2000-Cus. (N.T.), dated 9-8-2000.
       8. Substituted w.e.f. 9.1.2004 by Baggage (Amendment) Rules, 2004 vide Notification No. 5/2004-N.T. dated 8.1.2004.

APPENDIX.2 APPENDIX B

       APPENDIX B
       (See rule 4)
       (1) (2)
       (i) Passengers of and above 11[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) 3[Articles other than those mentioned in Annex. I upto a value] of 14[26[`]. 6,000] if these are carried on the person or in the accompanied baggage of the passenger.
       (ii) Passengers upto 11[10 years] of age and 3[returning after stay abroad of more than three days]. (i) Used personal effects, excluding jewellery, required for satisfying daily necessities of life.
       (ii) 3[Articles other than those mentioned in Annex. I upto a value] of 16[26[`]. 1500] if these are carried on the person or in the accompanied baggage of the passenger.
       Explanation. - The free allowance under Hits rule shall not be allowed to be pooled with the free allowance of any other passenger
       3. Inserted by M.F. (D.R.) Notification No. 50/2000-Cus. (N.T.), dated 9-8-2000.
       11. Substituted for words 10 years w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       14. Substituted for words Rs. 3000 w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       26. Substituted by the Baggage (Amendment) Rules, 2011 vide Notification No. 77/2011-Customs (N.T.) dated 14.11.2011 for the following :-
       
       
       "(1) Articles allowed free of duty
       (2)
       21(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 shy 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 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 19[26[`]. 8,000] for making gifts.
       (c) Tourists of Nepalese origin coming from Nepal or of Bhutanese origin coming from Bhutan. No free allowance.
       
       22(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 14[26[`]. 6000] for making gifts."
       16. Substituted for words 10 years w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       19. Substituted for words Rs. 3000 w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       21. Substituted for words Rs. 750 w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       22. Substituted for words Rs. 10000 w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T

APPENDIX.4 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 26[`]. 10,000 by a gentleman passenger, or
       
        (ii) Upto an aggregate value of 26[`]. 20,000 by a lady passenger.
       26. Substituted by the Baggage (Amendment) Rules, 2011 vide Notification No. 77/2011-Customs (N.T.) dated 14.11.2011 for the following :-
       
       
       "(1) Articles allowed free of duty
       (2)
       21(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 shy 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 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 19[26[`]. 8,000] for making gifts.
       (c) Tourists of Nepalese origin coming from Nepal or of Bhutanese origin coming from Bhutan. No free allowance.
       
       22(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 14[26[`]. 6000] for making gifts."

APPENDIX.5 APPENDIX E

       5. Designation changed by Notification No. 29/99-Cus. (N.T.), dated 11-5-1999,
       26. Substituted by the Baggage (Amendment) Rules, 2011 vide Notification No. 77/2011-Customs (N.T.) dated 14.11.2011 for the following :-
       
       
       "(1) Articles allowed free of duty
       (2)
       21(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 shy 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 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 19[26[`]. 8,000] for making gifts.
       (c) Tourists of Nepalese origin coming from Nepal or of Bhutanese origin coming from Bhutan. No free allowance.
       
       22(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 14[26[`]. 6000] for making gifts."
       16. Substituted for words 10 years w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       19. Substituted for words Rs. 3000 w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       21. Substituted for words Rs. 750 w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T.
       22. Substituted for words Rs. 10000 w.e.f. 03.02.2004 by Baggage (Second Amendment) Rules, 2004 vide Notification No. 13/2004-N.T

APPENDIX.6 APPENDIX F

       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 7[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 2[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.
       
       2. Inserted by M.F. (D.R.) Notification No. 50/2000-Cus. (N.T.), dated 9-8-2000.
7. Substituted by M.F. (D.R.) Notification No. 50/2000-Cus. (N.T.), dated 9-8-2000.

APPENDIX.1 Annex I

       1. Fire arms.
       2. Cartridges of fire arms exceeding 50.
       3. Cigarettes exceeding 200 or cigars exceeding 50 or tobacco exceeding 250 gms.
       10[4. Alcoholic liquor or wines in excess of two litres.]
       5. Gold or silver, in any form, other than ornaments.
10. Inserted w.e.f. 9.1.2004 by Baggage (Amendment) Rules, 2004 vide Notification No. 5/2004-N.T. dated 8.1.2004

APPENDIX.3 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.4 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) SuigamNaka
       Delhi:
       (10) Delhi Railway Station
       Ferozpur District:
       (11) Hussainiwala
       Jodhpur Division:
       (12) Barmer Railway Station
       (13) Munabao Railway Station
       Baramullah District:
       (14) Adoosa'
       24[(15) Chakan-da-bagh]
Inserted by vide notification no. 76/2006-NT dated 30.06.2006.

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