GENERAL INFORMATION ON "BAGGAGE"
For
any tour or travel one has to carry his personal belongings of immediate use.
The items such carried are termed as baggage. Here we are concerned with the
baggage you carry when you travel from and to India. One should have the
freedom to carry his personal belongings of immediate use while traveling
internationally as in the case of domestic travels. The Government of India
has also ensured this freedom. The Government is also concerned about the
commercial and economic stability and growth of the country. Certain rules
and regulations have been prescribed to control and restrict the commercial
and economic activates of individuals as well as various agencies. Naturally,
the Movement has to take care to see that the international passengers do not
misuse the freedom given to them to carry their genuine baggage by causing
injury to the commercial and economic interests of the nation at large.
Therefore the bringing in (import) and taking out (export)) of the personal baggage has been subjected to the provisions of the laws controlling and
restricting the commercial and economic activities.
Let
us examine the "Commercial law of the country as applicable to the
Baggage". The imports and exports of goods into and out of India are
subject to the provisions of the Foreign Trade (Development) and Regulation
Act 1992. According to this Act one has to take an import license or an
export license, as the case may be, for importing and exporting
"goods" wherever so prescribed. Passengers 'baggage is also”
goods" and naturally the import and export control requirements are to
be complied with by the passengers. However, the Imports (Control) Order,
1955, exempts the import of genuine baggage of passengers from the operation
of the provisions of the Foreign Trade (Development) and Regulation Act 1992,
provided the goods contained in the baggage are covered by the Baggage Rules
[Ref.: sub clause (g) of clause 1 of the Imports (Control Order), 1955. In
the same manner, the Exports (Control) Order 1977 exempts the export of
genuine baggage [Ref.: sub clauses (d) of clause 15 of the Exports (Control)
Order, 1977 In Short, it may be understood that complying with the
provisions of the Baggage Rules amount to enjoying a general license for the
Import /export of genuine (bona fide) baggage. Please note that the
exemptions mentioned above are only from the Import and export restrictions,
i.e. commercial restrictions. Exemptions from the restrictions imposed for
controlling the economic activities of the nation are different. Let us see
that now. The collection of revenue for the Government on the goods imported
in to and exported out of the country is the primary function of the Customs
Department. In addition, the Customs Department has been entrusted with the
enforcement of a number of other Government regulations affecting foreign
trade like implementation of import and export control regulations, movement
of arms and ammunition, plants, drugs and printed matter. Customs duty is
Levi able on all goods imported into or exported from India. (Section 1 2 of
the Customs Act 1962). The rate of duty applicable for each item is specified
under the Customs Tariff Act 1975. However, certain categories of goods are
exempted from the levy of customs duty. Bona fide baggage is one such
category. This exemption is given under section 79 of the Customs Act 1962.
The rules so made are known as the Baggage Rules.
The
term” Baggage" is defined in the Customs Act: as "Baggage
includes unaccompanied baggage but doesn't include motor vehicles".
[Section 2(3).
A
Passenger is required to comply with certain provisions of the Customs law.
The owner of any baggage shall, for the purpose of clearing it make a declaration
of its contents to the customs officer (Section 77). The rate of duty and
tariff valuation, (means, the value of goods fixed by the Government), if
any, applicable to baggage shall be the rate and valuation in force on the
date, on which a declaration is made in respect of such baggage under section
77 (Section ((78). The value limits indicated in the Baggage Rules about
value is arrived at as per the provisions of Section 14 of the Customs Act
1962. For easy understanding it may be said that it is CIF value. CIF means
cost insurance and freight. In other words, in respect of the goods
personally brought by the passengers it means approximately the retail price
of the goods paid abroad.
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