Baggage Rules'1998

[M.F. (D.R.) Notification No. 30/98-Customs(N.T.), dated 2-6-1998, as amended]

In exercise of the powers conferred by section 79 of the Customs Act, 1962 (52 of 1962), and in suppression of the Baggage Rules, 1994, except as respects things done or omitted to be done before such suppression, the Central Government hereby makes the following rules, namely:-
1. Short title and commencement. -

• These rules may be called the Baggage Rules, 1998.
• 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,-

• “appendix” means an Appendix to these rules.
•  “resident” means a person holding a valid passport issued under the Passports Act, 1967 (15 of 1967) and normally residing in India.
•  “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.
•  “family” includes all persons who are residing in the same house and form part of the same domestic establishment.
• “professional equipment” means such  portable  equipment's,  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 bonafide baggage to the extent mentioned in column (2) of Appendix A.

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 bonafide 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 bonafide 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 bonafide 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
  bonafide baggage to the extent mentioned in column (2) of Appendix E.

8.Transfer of residence.-

•  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.
• The conditions may be relaxed to the extent mentioned in column (3) of the said Appendix.

9. Provisions regarding unaccompanied baggage.-

• Provisions of these Rules are also extended to unaccompanied baggage except where they have been specifically excluded.
• 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.
•  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.

10. 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.
  

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)  

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) 

Appendix D (See rule 6)  

  Appendix E (See rule 7)  

Appendix F (see rule 8)  

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.
4. Alcoholic liquor and wines in excess of one litter each.
5. Gold or silver, in any form, other than ornaments.

Annex II

1. Color Television/Monochrome Television.
2.Video Cassette Recorder/ Video Cassette Player/ Video Television Receiver.
3.Washing Machine.
4.Electrical/ Liquefied Petroleum Gas Cooking Range (other than Electrical/ Liquefied
   Petroleum Gas stoves with not more than two burners and without any extra attachment.
5.Dish Washer.
6.Music System.
7.Personal Computer.
8.Air Conditioner.
9.Refrigerator.
10.Deep Freezer.
11.Microwave Oven
12.Video camera or the combination of 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.
13. Word Processing Machine.
14. Fax machine.
15.Vessels.
16.Aircraft.
17.Cinematographic films of 35 mm and above.
18.Gold or silver, in any form, other than ornaments.

Duty concession to persons transferring residence

On a bonafide Transfer of Residence to India, you can import free of Customs duty, your personal and household effects without any limit but subject to the following conditions, namely:-

a) you have been residing abroad for a minimum period of two years immediately preceding the transfer of residence and are transferring your residence to India for a minimum stay of one year;

b) you affirm by a declaration that the goods have been in your or your family's possession and use abroad for a minimum period of one year.

These concessions are in addition to the duty free concessions available to you as a non-tourist passenger.

Articles (whether used or new) not allowed free of duty but at concessional rate of duty of 35.2% advalorem.

1. Colour TV/Monochrome TV
2. VCR/VCP/VTR
3. Washing machine
4. Electrical/LPG Cooking Range (other than Electrical/LPG Stoves with not more than two burners and without any extra attachment)
5. Dish Washer
6. Music system
7. Personal Computer
8. Air-conditioner
9. Refrigerator
10. Deep freezer
11. Micro-wave oven
12. 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;
13. Word Processing machine.
14. Fax machine. Subject to the conditions that:-

i) Such person affirms by a declaration that the goods have been in his possession abroad or the goods are purchased from the duty-free shop by such person at the time of his arrival but before clearance from Customs.

ii) Unaccompanied goods were shipped or despatched or arrived within the prescribed time limits.

iii) Only one unit of each item per family is allowed.

iv) The person claiming this benefit affirms by declaration that no other member of the family had availed, or would avail this benefit. The term "family" includes all persons in the same house and forming part of the same establishment.

v) The aggregate value of such goods shall not exceed one lakh fifty thousand rupees.