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Central Board of Excise and Customs (CBEC)

BAGGAGE RULES 2016

w.e.f. 01-04-2016

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 30/2016-Customs (N.T.)

(As amended vide Notification No. 43/2016-Customs (N.T.) dated 31-03-2016 and corrected vide Corrigendum F.No. 520/09/2016-Cus.VI dated 01-04-2016)

New Delhi dated the 1st March, 2016

G.S.R. 378(E).- In exercise of the powers conferred by section 79 of the Customs Act, 1962 (52 of 1962), and in supersession of the Baggage Rules, 1998, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: -

1. Short title and commencement. -

(1) These rules may be called the Baggage Rules, 2016.

(2) They shall come into force on the 1st day of April, 2016.

2. Definitions. -

(1) In these rules, unless the context otherwise requires, -

(i) "Annexure" means Annexure appended to these rules;

(ii) "family" includes all persons who are residing in the same house and form part of the same domestic establishment;

(iii) "infant" means a child not more than two years of age;

(iv) “resident” means a person holding a valid passport issued under the Passports Act, 1967 (15 of 1967) and normally residing in India;

(v) "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;

(vi) "personal effects" means things required for satisfying daily necessities but does not include jewellery.

(2) Words and expression used and not defined in these rules but defined in the Customs Act, 1962 (52 of 1962) shall have the same meaning respectively assigned to them in the said Act.

3. Passengers arriving from countries other than Nepal, Bhutan or Myanmar. -

An Indian resident or a foreigner residing in India or a tourist of Indian origin, not being an infant arriving from any country other than Nepal, Bhutan or Myanmar, shall be allowed clearance free of duty articles in his bona fide baggage, that is to say, -

(a) used personal effects and travel souvenirs; and

(b) articles other than those mentioned in Annexure-I, upto the value of fifty thousand rupees if these are carried on the person or in the accompanied baggage of the passenger:

Provided that a tourist of foreign origin, not being an infant, shall be allowed clearance free of duty articles in his bona fide baggage, that is to say,-

(a) used personal effects and travel souvenirs; and

(b) articles other than those mentioned in Annexure-I, upto the value of fifteen thousand rupees if these are carried on the person or in the accompanied baggage of the passenger:

Provided further that where the passenger is an infant, only used personal effects shall be allowed duty free.

Explanation. - The free allowance of a passenger under this rule shall not be allowed to pool with the free allowance of any other passenger.

4. Passengers arriving from Nepal, Bhutan or Myanmar. -

An Indian resident or a foreigner residing in India or a tourist, not being an infant arriving from Nepal, Bhutan or Myanmar, shall be allowed clearance free of duty articles in his bona fide baggage, that is to say,-

(a) used personal effects and travel souvenirs; and

(b) articles other than those mentioned in Annexure -I up to the value of fifteen thousand rupees if these are carried on the person or in the accompanied baggage of the passenger:

Provided that where the passenger is an infant, only used personal effects shall be allowed duty free:

Provided further that where the passenger is arriving by land, only used personal effects shall be allowed duty free.

Explanation. - The free allowance of a passenger under this rule shall not be allowed to pool with the free allowance of any other passenger.

5. Jewellery. -

A passenger residing abroad for more than one year, on return to India, shall be allowed clearance free of duty in his bona fide baggage of jewellery upto a weight, of twenty grams with a value cap of fifty thousand rupees if brought by a gentleman passenger, or forty grams with a value cap of one lakh rupees if brought by a lady passenger.

6. Transfer of residence. -

(1) A person, who is engaged in a profession abroad, or is transferring his residence to India, shall, on return, 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 the Appendix below, subject to the conditions, if any, mentioned in the corresponding entry in column (3) of the said Appendix.

(2) The conditions mentioned in column (3) of the said Appendix may be relaxed to the extent mentioned in column (4) of the said Appendix.

APPENDIX

Duration of stay abroad Articles allowed free of duty Conditions Relaxation
(1) (2) (3) (4)
From three months upto six months Personal and household articles, other than those mentioned in Annexure I or Annexure II but including articles mentioned in Annexure III upto an aggregate value of sixty thousand rupees. Indian passenger -
From six months upto one year Personal and household articles, other than those mentioned in Annexure I or Annexure II but including articles mentioned in Annexure III, upto an aggregate value of one lakh rupees. Indian passenger -
Minimum stay of one year during the preceding two years. Personal and household articles, other than those mentioned in Annexure I or Annexure II but including articles mentioned in Annexure III upto an aggregate value of two lakh rupees. The Indian passenger should not have availed this concession in the preceding three years. -
Minimum stay of two years or more. Personal and house household articles, other than those listed at Annexure I or Annexure II but including articles mentioned in Annexure III upto an aggregate value of five lakh rupees. (i) Minimum stay of two years abroad, immediately preceding the date of his arrival on transfer of residence; (a) For condition (i), shortfall of upto two months in stay abroad can be condoned by Deputy Commissioner of Customs or 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 for reasons to be recorded in writing.
(ii) Total stay in India on short visit during the two preceding years should not exceed six months; and (b) For condition (ii), the Principal Commissioner of Customs or Commissioner of Customs may condone short visits in excess of six months in special circumstances for reasons to be recorded in writing.
(iii) Passenger has not availed this concession in the preceding three years. No relaxation.

7. Currency. -

The import and export of currency under these rules shall be governed in accordance with the provisions of the Foreign Exchange Management (Export and Import of Currency) Regulations, 2015, and the notifications issued thereunder.

8. Provisions regarding unaccompanied baggage. -

(1) These rules shall apply to unaccompanied baggage except where they have been specifically excluded:

Provided that the said 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 Deputy Commissioner of Customs or Assistant Commissioner of Customs may allow:

Provided further that the said unaccompanied baggage may land in India upto two months before the arrival of the passenger or within such period, not exceeding one year, as the Deputy Commissioner of Customs or 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.

9. Application of these rules to members of the crew. -

(1) These rules shall also apply to the members of the crew engaged in a foreign going conveyance for importation of their baggage at the time of final pay off on termination of their engagement.

(2) Notwithstanding anything contained in sub-rule (1), a member of crew of a vessel or an aircraft other than those referred to in sub-rule (1), shall be allowed to bring articles like chocolates, cheese, cosmetics and other petty gift items for their personal or family use which shall not exceed the value of one thousand and five hundred rupees.

ANNEXURE - I
(See rule 3, 4 and 6)

(1) Fire arms.
(2) Cartridges of fire arms exceeding 50.
(3) Cigarettes exceeding 100 or cigars exceeding 25 or tobacco exceeding 125 grams.
(4) Alcoholic liquor or wines in excess of two litres.
(5) Gold or silver, in any form, other than ornaments.
(6) Flat Panel (Liquid Crystal Display/ Light - Emitting Diode/ Plasma) television.

ANNEXURE - II
(See rule 6)

1. Colour Television.
2. Video Home Theatre System.
3. Dish Washer.
4. Domestic refrigerators of capacity above 300 litres or its equivalent.
5. Deep Freezer.
6. 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.
7. Cinematographic films of 35 mm and above.
8. Gold or silver, in any form, other than ornaments.

ANNEXURE - III
(See rule 6)

1. Video Cassette Recorder or Video Cassette Player or Video Television Receiver or Video Cassette Disk Player.
2. Digital Video Disc player.
3. Music System.
4. Air-Conditioner.
5. Microwave Oven.
6. Word Processing Machine.
7. Fax Machine.
8. Portable Photocopying Machine.
9. Washing Machine.
10. Electrical or Liquefied Petroleum Gas Cooking Range.
11. Personal Computer (Desktop Computer).
12. Laptop Computer (Note book Computer).
13. Domestic Refrigerators of capacity up to 300 litres or its equivalent.

ADDITIONAL INFORMATION

BAGGAGE - RATE OF DUTY

1. RATE OF DUTY - BAGGAGE ARTICLES IN GENERAL:

Basic Customs Duty : @ 35% ad valorem
[Notification No. 26/2016-Customs dated 31-03-2016]

Education Cess : @ 2% + 1% of duty
[Section 94 of the Finance (No. 2) Act, 2004 (23 of 2004) and section 139 of the Finance Act, 2007 (22 of 2007) respectively]

Integrated Tax under section 3(7) of the Customs Tariff Act, 1975 : Nil
[Notification No. 183/86-Customs dated 01-03-1986 (as amended)]

2. RATE OF DUTY - TRANSFER OF RESIDENCE:

Basic Customs Duty : @ 15% ad valorem
[Notification No. 27/2016-Customs dated 31-03-2016]

Education Cess : @ 2% + 1% of duty
[Section 94 of the Finance (No. 2) Act, 2004 (23 of 2004) and section 139 of the Finance Act, 2007 (22 of 2007) respectively]

Integrated Tax under section 3(7) of the Customs Tariff Act, 1975 : Nil
[Notification No. 183/86-Customs dated 01-03-1986 (as amended)]

3. RATE OF DUTY - CIGARETTES:

Basic Customs Duty : @ 30% ad valorem
[Excluded from Chapter 98 as per Chapter Notes and duty as under Tariff Heading 24.02]

Integrated Tax under section 3(7) of the Customs Tariff Act, 1975 : 28%
[Notification No.1/2017-Integrated Tax (Rate) dated 28-06-2017]

Compensation Cess as per Notification No.1/2017-Compensation Cess (Rate) dated 28-06-2017

Education Cess : @ 2% + 1% of duty
[Section 94 of the Finance (No. 2) Act, 2004 (23 of 2004) and section 139 of the Finance Act, 2007 (22 of 2007) respectively]

4. RATE OF DUTY - ALCOHOLIC LIQUORS:

[Whisky/Rum/Gin/Vodka etc.]

Basic Customs Duty : @ 150% ad valorem
[Excluded from Chapter 98 as per Chapter Notes and duty as under Tariff Heading 22.08]

Special Additional Duty under section 3A of the Customs Tariff Act, 1975 : 4%
[Notification No. 23/2002-Customs dated 01-03-2002 (as amended)]

Additional Duty of Customs : Nil
[Notification No. 82/2007-Customs dated 03-07-2007]

Education Cess : Nil
[Notification No. 69/2004-Customs dated 09-07-2004 and Notification No. 28/2007-Customs dated 01-03-2007]

5. RATE OF DUTY - WINE OF FRESH GRAPES:

Basic Customs Duty : @ 150% ad valorem
[Excluded from Chapter 98 as per Chapter Notes and duty as under Tariff Heading 22.04]

Additional Duty of Customs : Nil
[Notification No. 82/2007-Customs dated 03-07-2007]

Education Cess : Nil
[Notification No. 69/2004-Customs dated 09-07-2004 and Notification No. 28/2007-Customs dated 01-03-2007]

6. RATE OF DUTY - BEER MADE FROM MALT:

Basic Customs Duty : @ 100% ad valorem
[Excluded from Chapter 98 as per Chapter Notes and duty as under Tariff Heading 22.03]

Education Cess : @ 2% + 1% of duty
[Section 94 of the Finance (No. 2) Act, 2004 (23 of 2004) and section 139 of the Finance Act, 2007 (22 of 2007) respectively]

Additional Duty of Customs : Nil
[Notification No. 82/2007-Customs dated 03-07-2007]

7. RATE OF DUTY - FIRE ARMS & CARTRIDGES EXCEEDING 50:

[Import prohibited]

Basic Customs Duty : @ 100% ad valorem
[Under Tariff Heading 98.03 since Notification No. 26/2016-Customs dated 31-03-2016 is not applicable as per para 2]

Education Cess : @ 2% + 1% of duty
[Section 94 of the Finance (No. 2) Act, 2004 (23 of 2004) and section 139 of the Finance Act, 2007 (22 of 2007) respectively]

Integrated Tax under section 3(7) of the Customs Tariff Act, 1975 : Nil
[Notification No. 183/86-Customs dated 01-03-1986 (as amended)]

8. RATE OF DUTY - FIRE ARMS – EXEMPTION FOR SPORTS:

[Import prohibited]

Basic Customs Duty : @ 50% ad valorem
[Concessional duty when imported by a renowned shot as under Notification No. 147/94-Customs dated 13-07-1994 (as amended)]

Education Cess : @ 2% + 1% of duty
[Section 94 of the Finance (No. 2) Act, 2004 (23 of 2004) and section 139 of the Finance Act, 2007 (22 of 2007) respectively]

Integrated Tax under section 3(7) of the Customs Tariff Act, 1975 : Nil
[Notification No. 183/86-Customs dated 01-03-1986 (as amended)]

9. RATE OF DUTY - GOLD BARS/ORNAMENTS:

[1 kilogram per eligible passenger - Ref: Notification No. 50/2017-Cus., dated 30.06.2017]

Gold bars, other than tola bars, bearing manufacturer's or refiner's engraved serial number and weight expressed in metric units, and gold coins having gold content not below 99.5%, imported by the eligible passenger (Notification No. 50/2017-Cus., dated 30.06.2017 - Sr. No. 356)Gold in any form other than (i), including tola bars and ornaments, but excluding ornaments studded with stones or pearls (Notification No. 50/2017-Cus., dated 30.06.2017 - Sr. No. 356)
For 10 grams Rs. 2796.00 For 10 grams Rs. 2796.00

10. RATE OF DUTY - SILVER IN ANY FORM:

[10 kilogram per eligible passenger - Ref: Notification No. 50/2017-Cus., dated 30.06.2017]

Silver, in any form including ornaments, but excluding ornaments studded with stones or pearls, imported by the eligible passenger (Notification No. 50/2017-Cus., dated 30.06.2017 - Sr. No. 357)
For 1 kilogram Rs. 3723.00

11. RATE OF DUTY - PET ANIMALS:

[Import prohibited]

Basic Customs Duty : @ 35% ad valorem
[Notification No. 26/2016-Customs dated 31-03-2016]

Education Cess : @ 2% + 1% of duty
[Section 94 of the Finance (No. 2) Act, 2004 (23 of 2004) and section 139 of the Finance Act, 2007 (22 of 2007) respectively]

Integrated Tax under section 3(7) of the Customs Tariff Act, 1975 : Nil
[Notification No. 183/86-Customs dated 01-03-1986 (as amended)]

For more information on import and export of pets contact:
Animal Quarantine & Certification Services (WR),
Kopar Khairne, Sector 11, Navi Mumbai - 400 709.
OR
Regional Deputy Director (WR),
Wildlife Crime Control Bureau,
Air Cargo Complex, Sahar, Mumbai - 400 099.


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