GEN 1.3 - ENTRY, TRANSIT AND DEPARTURE OF PASSENGER AND CREW

1.
Customs Requirements
 

 

1.1.
Incoming Passengers
1.1.1.

All the goods imported into India by air are subject to clearance by Customs authorities, except the goods within the limits of duty free allowance. For the purpose of Customs Clearance of arriving passengers, a two-channel system has been adopted, i.e. Green Channel for passengers not having any dutiable goods and Red Channel for passengers having dutiable goods.

1.1.2.

Passengers must ensure to file correct declaration of their baggage.

1.1.3.

Passengers walking through the green channel with dutiable/prohibited goods are liable to prosecution/penalty and confiscation of goods.

1.1.4.

Green Channel passengers must deposit the Customs portion of the disembarkation card to the custom official at the gate before leaving the terminal.

1.1.5.

For duty free entitlements and rates of applicable duties, please see customs homepage at www.cbec.gov.in. Enquiries can also be made from the following officers of the Customs Department: - Commissioner of Customs, New Delhi at Telephone number Deputy Commissioner (Admin) 91-11-2565 2088, Additional Commissioner 91-11-2565 2090, Commissioner of Customs (General) 91-11-2565 2970/25656040.

Note: For updated information please visit Custom Manual 2015, Chapter 26 International passenger facilitation)

1.2.
Unaccompanied Baggage
1.2.1.

The passengers can also send their baggage through cargo, which is treated as unaccompanied baggage. However, no free allowance is admissible in case of unaccompanied baggage and only used personal effects can be imported free of duty.

1.2.2.

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

1.2.3.

The unaccompanied baggage should be in the possession abroad of the passenger and shall be dispatched within one month of his arrival in India or within such further period as the Deputy/Assistant Commissioner of Customs may allow.

1.2.4.

The unaccompanied baggage may land in India up to two months before the arrival of the passenger or within such period, not exceeding one year as the Deputy/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.

1.2.5.

All the unaccompanied baggage is chargeable to customs duty @ 35% advalorem + education cess @ 2%.

1.3.
Baggage of Deceased person
1.3.1.

Used, bona-fide personal and household effects belonging to a deceased person are allowed to be imported free of duty subject to the condition that a certificate from the concerned Indian Mission (Embassy/High Commission) is produced at the time of clearance regarding the ownership of the goods by the deceased person.

1.4.
Detained baggage
1.4.1.

There may be occasions when the passenger is not in a position to clear his baggage for any reason e.g. inability to

pay the Customs duty demanded. In such a situation, the passenger may request the Customs to detain his baggage

either for re-export at the time of his departure from India or for clearance subsequently on payment of duty. The

detained baggage would be examined and full details will be inventoried. Such baggage will be kept in custody of

customs.

1.5.
Mishandled Baggage
1.5.1.

In case the baggage has been lost or mishandled by the airline, a simplified procedure is in place for clearance of such baggage, which allows the passenger to have delivery of this baggage at his doorstep by the airline.

1.5.2.

There is no need to handover the passport or the keys of the baggage. The passenger is merely required to complete the Custom Declaration form at Counter No. 1, authorizing the airline to complete the formalities when the baggage arrives. The passenger is required to obtain a certificate to that effect from the airline and get it countersigned by Customs indicating specifically the unutilized portion of the free allowance. This would enable the passenger to avail the unutilized portion of the duty free allowance when his baggage is delivered by the airlines.

1.6.
Currency Declaration
1.6.1.

Any person can bring into India from a place outside India foreign exchange without any limit. However, declaration of Foreign Exchange/Currency is required to be made in prescribed declaration form in the following cases.

1.6.1.1.

Where the value of foreign currency notes exceeds US$5000 or equivalent.

1.6.1.2.

Where the aggregate value of foreign exchange (in the form of currency notes, bank notes, traveler cheques, etc.) exceeds US$10,000 or equivalent.

1.6.2.

Import of Indian currency is prohibited. However, in the case of passengers normally residing in India who are returning from the visit abroad, import of Indian currency up to Rs.25000 is allowed.

1.7.
Regulation for the airline crew
1.7.1.

Crew member of aircraft are subject to submit correct declaration before customs authorities with respect to the currency, gold ornaments and electronic goods etc. in their possession on arrival as well as on departure. They are allowed to bring items like chocolate, cheese, cosmetic and other petty gifts for their personal or family use up to value of Rs.600/- only at the returning of the aircraft from foreign journey. However, a crew member on final payoff or at the termination of his engagements with the airline shall be eligible for allowances as common passenger.

1.8.
Outgoing Passengers
1.8.1.

All the passengers leaving India by air are subject to clearance by Custom Authorities. Only bonafide baggage is allowed to be cleared by passengers. There is a procedure prescribed whereby the passengers leaving India can take the export certificate for the various high value items as well as jewellery from the Customs authorities. Such an export certificate comes handy while bringing back the things to India, so that no duty is charged on such goods exported by the passenger.

2.
Other Information
2.1.

Export of most species of wild life and articles made from wild flora and fauna, such as ivory, musk, reptile skins, furs, shahtoos, etc. is prohibited.

2.2.

Trafficking of narcotic drugs and psychotropic substances is prohibited.

2.3.

Export of goods purchased against foreign exchange brought in by foreign passenger is allowed except for prohibited goods.

2.4.

Carrying of Indian currency notes in the denomination of Rs.500 and Rs.1000 to Nepal is prohibited.

2.5.

Export of Indian currency is strictly prohibited. However, Indian resident when they go abroad are allowed to take with them Indian currency not exceeding to Rs.25000.

2.6.

Tourists while leaving India are allowed to take with them foreign currency not exceeding an amount brought in by them at the time of their arrival in India. As no declaration is required to be made for bringing in foreign exchange/currency not exceeding equivalent of US$10000, generally tourists can take out of India with them at the time of their departure foreign exchange/currency not exceeding the above amount.

2.7.

There is no value limit on the export of gold jewellery by passenger through the medium of baggage so long as it constitutes the bona-fide baggage of the passenger. A passenger may request the Customs for issue of an Export Certificate at the time of his/her departure from India, in respect of jewellery carried by him/her, to facilitate its re-import subsequently. Commercial export of gold jewellery through the courier mode is permitted subject to observance of prescribed procedures.

2.8.

Certain goods are prohibited (banned) or restricted (subject to certain conditions) for import and/or export. These are goods of social, health, environment, wildlife and security concerns. While it is not possible to list all the goods, more common of these are:

 

 

3.
Prohibited Goods
3.1.

Narcotic Drugs and psychotropic substances, pornographic material, counterfeit and pirated goods and goods infringing any of the legally enforceable intellectual property rights, antiquities.

4.
Restricted Goods
4.1.

Firearms and ammunition.

4.2.

Live birds and animals including pets.

4.3.

Plants and their produce e.g. fruits, seeds.

4.4.

Endangered species of plants and animals, whether live or dead.

4.5.

Any goods for commercial purpose: for profit, gain or commercial usage.

4.6.

Radio transmitters not approved for normal usage.

4.7.

Gold and silver other than ornaments (for import only).

4.8.

Indian and foreign currency in excess of prescribed limits:

4.8.1.

Foreign currency in excess of US$5000 in the form of currency notes or equivalent US$100000 or equivalent in the form of currency notes, bank notes or traveler’s cheque is required to be declared on arrival.

4.8.2.

Foreign currency in excess of amount legally obtained or in the case of tourists in excess of the amount declared on arrival or in excess of the exempted limit of declaration at the time of departure.

4.9.

Trafficking in narcotic drugs like Heroin, Charas, Cocaine or in psychotropic substances is a serious offence and is punishable with imprisonment.

4.10.

Export of most species of wild life and articles made from flora and fauna such as Ivory, Musk, reptile skins, furs, Shahtoos, etc. is prohibited. For any clarifications passenger should approach the Regional Deputy Director (Wildlife Preservation), Government of India or the Chief Wildlife Wardens of State Governments posted at Kolkata, Delhi, Mumbai and Chennai.

4.11.

Export or import in prohibited and restricted goods commonly leads to arrest.

 

 

5.
Penal provision
5.1.

The Indian Customs Act empowers imposition of heavy penalties for those passengers who:

5.2.

Attempt to walk through Green Channel with prohibited, restricted or dutiable goods.

5.3.

Mis-declare their goods at the Red Channel.

5.4.

Attempt to export prohibited or restricted goods.

5.5.

Abet the commission of any of the above offences.

5.6.

The penal provision may lead to

5.6.1.

Absolute confiscation of goods or

5.6.2.

Imposition of heavy fine in respect of the concerned goods if these is released.

5.6.3.

Imposition of penalty on individual or concerned entitles upto five times the value of goods or the duty involved.

5.6.4.

Arrest and prosecution including invocation of preventive detention in serious cases.

 

 

6.
Customs Duty on aircraft
6.1.

If any aircraft arriving from a place outside India is forced to land in India in any place other than an appointed customs aerodrome, the person-in-charge of the aircraft shall immediately report to the nearest Customs or Police Officer and shall on demand produce to such officer the General Declaration or, if it does not give the movements of the aircraft subsequent to the last destination, the journey log book, and/or any other document belonging to the aircraft, and shall not permit any goods to be unloaded there from without the consent of such officer, and no passenger or member of the crew thereof shall leave the immediate vicinity of the aircraft without the consent of such officer. In case, where it is necessary to dispatch a Customs Officer to the place of landing to examine the aircraft, charges for conveyance of such officer may be made against the owner of the aircraft concerned.

6.2.

No customs duty is levied on the aircraft not registered in India, which is brought into India for purpose of a flight to or across India, which is not intended to be registered in India and is intended to be removed from India within six months from the date of entry, provided that the person-incharge of the aircraft makes a written declaration to that effect to the Customs Collector on arrival.

6.3.

In the case of an aircraft in respect of which such declaration has been made and which is not removed from India within six months, the duty leviable in respect of it shall be paid to the Customs Collector before the aircraft is again flown.

7.
Regulation for Transit Passengers
7.1.

A Transit visa is not required by a foreigner, passing through in direct transit by air and travelling through India, provided the foreigner does not leave the specified precincts of the airport.

 
 
8.
Drugs
8.1.

Trafficking in narcotics is a serious offence and is punishable with imprisonment.

 

 

9.
Immigration Requirements
9.1.

Foreigners entering India should be in possession of valid passports/travel documents. They should also have valid Indian visas unless they are exempted under a bilateral agreement between India and the country of their nationality.

9.2.

Foreigners are required to fill ‘Disembarkation card’ at the time of their arrival while Indians need to fill ‘Embarkation card’ at the time of their departure.

9.3.

Foreigners seeking e-visa should have a confirmed Electronic Travel Authorization (ETA) before commencing their journey to India. The e-visa facility is available only at the designated ports of entry, however, the exit can be from any of the immigration check posts.

9.4.

There should be a gap of at least two months between two visits to India on a Tourist visa on re-entry of nationals of Afghanistan, China, Pakistan, Iraq, Sudan, foreigners of Pakistani origin and Stateless persons.

9.5.

Pakistani nationals entering India from Pakistan or a third country should carry two sets of visa application forms (immigration sheets) issued by the Indian Mission in addition to the Indian visa affixed on their passports, unless they are exempted from carrying immigration sheets.

9.6.

Nepalese/Bhutanese nationals entering India from their respective countries by air should be in possession of

any of the following documents:

 

• Nepalese/Bhutanese passport

• Nepalese/Bhutanese citizenship certificate

• Voter identification card issued by the Election Commission of Nepal/Bhutan.

• Limited validity photo-identity certificate issued by Nepal Embassy/Royal Bhutanese Mission in India.

 

Such documents shall be accepted for immigration clearance within their validity period and in case, the validity

of the photo identity certificate is not specified, the same shall be treated as one-time travel document.

Nepalese and Bhutanese nationals are required to be in possession of a passport when entering India from a place other than Nepal or Bhutan respectively. Nepalese and Bhutanese nationals are also required Indian visas if they come from Peoples’ Republic of China (mainland China), Macau or Hong Kong.

9.7.

Indian nationals travelling to Nepal/Bhutan should be in possession of any of the following documents:

 

•Valid national passport

•Photo Identity card issued by the Government of India/State Government/UT administrations to their employees.

•Election Photo ID card (EPIC) issued by the Election Commission of India.

•Emergency certificate/identity certificate issued by Embassy of India in Kathmandu in emergent cases. Such documents shall be valid for one time travel only.

•Persons in the age group of above 65 years and below 15 years would be exempted from the requirement of ID

document mentioned above. However, they must have some document with photograph to confirm their age and identity such as PAN card, driving licence, CGHS card, ration card etc.

• Children between 15-18 years may be allowed to travel on the strength of an identity certificate issued by the

principal of the school on the prescribed proforma.

• In case of a family (family means husband, wife, minor children and parents) travelling together, the approved ID would not be insisted from all the family members if one of the adult members of the family is in possession of one.

• However, the other family members must have some proof of their identity with photograph and their relationship as a family member through CGHS card, ration card, driving licence, ID issued by school/college etc.

9.8.

A foreign national may be refused entry into India:

 

• If the foreigner is not in possession of a valid passport or visa for India or has not been exempted from the possession of a passport or visa.

• He is a person of unsound mind or mentally defective person.

• He is suffering from loathsome or infectious disease, as a result of which, in the opinion of the medical officer of the port of entry, the entry of the foreigner is likely to prejudice public health.

• He has been sentenced in a foreign county for an extradition offence within the meaning of the Indian Extradition Act, 1903.

• His entry is prohibited either under an order issued by competent authority or by specific orders of the Central

Government of India.

9.9.

Any person, who has visited/transited through any of the yellow fever endemic countries during the last 6 days, should be in possession of a valid yellow fever vaccination certificate for entry into India.

 

 

10.
Seamen:
10.1.

Seamen being repatriated - Foreign seamen, who are signed on at an Indian port, are under the terms of their articles required to be returned for discharge to the port of their engagement. If such seamen are discharged at a foreign port for being returned to India, he/she should hold a visa for India for being repatriated for discharge at an Indian port.

10.2.

Seamen joining ships - Foreign seamen signed abroad, who intend to come to join their ships at an Indian port should hold an Indian visa to enter India. The Seamen, who arrive by ship and have to leave India either by another ship or by flight within 7 days may be granted landing permits without charging a fee.

 

 

11.
Non-scheduled flight
11.1.

Crew members of non-scheduled and chartered flights operated by such airlines should hold Indian Visas of appropriate category on their national passports for entry into India.

12.
Requirement of registration
12.1.

All foreigners visiting India on long term (more than 180 days) Student, Medical, Research, Employment, Project, Missionary and Medical Attendant visas are required to get themselves registered with FRRO/FRO concerned within 14 days of their arrival in India. In case of other long term visas, the foreigners, who intend to stay in India continuously for more than 180 days, are required to register themselves within 180 days of their arrival in India.

12.2.

Pakistani nationals are required to register within 24 hours of their arrival in India at each place of their stay unless otherwise specifically mentioned on their visa sticker regarding any exemption (EPR - Exempted from Police Reporting). However, Medical visa holders can register within 7 days. They are also required to make a similar report 24 hours prior to their intended time/date of departure from each place of stay to theregistration authority. Delhi, Mumbai and Chennai by air, Mumbai by sea, Attari by bus/train or on foot and Munabao by train are designated check posts and the same mode of journey for entry and exit would be permitted.

12.3.

Afghan nationals are required to register within 14 days of their arrival in India unless otherwise specifically mentioned on their visa sticker regarding any exemption (EPR - Exempted from Police Reporting)

12.4.

Children below 16 years of age are exempted from requirement of registration with FRROs/FROs.

12.5.

A foreigner is not normally allowed to visit a protected/restricted area unless it is established to the satisfaction of the Government that there are extraordinary reasons to justify such a visit.

12.6.

All foreigners who stay at hotels (including rented accommodation) shall furnish the particulars necessary for recording such as details of their arrival and departure and put their signatures in a register maintained for the purpose in Form ‘B’ on their arrival at the hotels. The keeper of the hotel will transmit a copy of Form ‘C’, duly completed in all respected, to the Registration Officer (as soon as possible but not more than 24 hours after the arrival of the foreigner).

12.7.

Foreign tourists in groups of 4 or more coming by air or sea and sponsored by recognised Indian travel agencies, approved by the Ministry of Tourism, Government of India and with a pre-drawn itinerary may be granted Group Landing Permit for a period not exceeding 60 days with multiple entry facility. In order to avail this facility, the tourist or travel agency concerned, shall mandatorily fill in the applications online on the website http://www.lndianvisaonline.gov.in/ A complete list of group members along with printed online applications and their itinerary should be submitted to FRRO/FRO concerned 72 hours in advance and no individual would be allowed to drop out from the group at any place. Fee of US $ 40 or its equivalent in Indian Rupees for each passenger is applicable.

13.
Public Health requirements
13.1.

Disembarking passengers are required to fill up the information in the health portion of disembarkation card.

13.2.

The Pilot in command of the aircraft shall completely fill up the health portion of GD (General Declaration). It must

include - the details about health status of the passengers & crew members; the details of disinfection procedure i.e.

date & time and place of procedure, its validity, the total of cans used and unique ID no. of each cans on the GD

Certificate.

13.3

The international flights has to be disinfected at the commencement of the journey as per Aircraft (Public Health) Rules, 1954 and in accordance with the procedures laid down in schedule IV of the said rules, or the procedures recommended by the World Health Organization.

13.4.

Disembarking passengers are not required to present vaccination certificate except when coming directly from an area infected with yellow fever.

13.5

All passengers on board coming from or transited in yellow fever infected areas, as declared by WHOs & Central

Government, shall be in possession of valid international vaccination certificate against yellow fever.

13.6.

The pilot-in-command of the aircraft shall send a radio message, three hours before arrival, about ‘the state of health of any person on board, who has visited a yellow fever infected area, as declared by the WHOs & Central Government within the previous six days and who is not in possession of valid yellow vaccination fever certificate’.

13.7.

If, on inspection of the aircraft, the Airport Health Officer detects any person or crew suspected to be infected with

yellow fever, the Airport Health Officer may direct the Pilot-in-command of the aircraft to proceed/ transfer to Delhi, Kolkata or Mumbai or any other place with quarantine facility or as may designated by the Airport Health Officer. The Pilot-in-command of the aircraft shall comply such directions.

13.8.

In, case of on board death of any passengers or crew member, the pilot in command of the aircraft shall inform the

Airport Heath Officer for the fumigation spray of the aircraft & other medico legal formalities.

13.9.

In, case the Govt. of India declare any event or situation as Public Health Emergency of International concerns (PHEICseg. Ebola Virus Disease, Zika Virus Disease etc) in any part of the world, then pilot in command of the aircraft shall comply with directions from Airport Health Officer in respect of particular PHEICs.

13.10.

No departure formalities are required for embarking passengers.