after some searching here are few notices regarding TR with links etc, this may help up in clearing few points for some.
http://www.ieport.com/baggage_rules/3-95.htm
http://www.ieport.com/baggage_rules/63-95.htm
F.No. 496/4/94-CUS.VI
Government of India
Ministry of Finance
Department of Revenue, New Delhi
Subject : Import of Firearm under Baggage and Transfer of Residence Rules - clarification regarding.
The undersigned is directed to refer to your letter C.No. VIII (H)/ 7/ 7/ 92/Pt./ 173 dated 30.9.94 on the above subject and to say that import of Firearm is prohibited under the Exim Policy. However, as you are aware, in terms of the decision taken by the CCPA, we have been allowing one Firearm to persons who are transferring their residence to India and who fulfill other conditions prescribed in the Baggage Rules. Ministry's instructions dated 5.1.88 issued from F.No. 497/57/87-Cus. VI may be referred to in this connection. In view of the conditions stipulated in the Ministry's instructions dated 5.1.88, only one Firearm can be allowed to such persons and the same in not allowed to be disposed off during the life time of that person, for consideration or otherwise. As such the question of allowing one Firearm under Transfer of otherwise. As such the question of allowing one Firearm under Transfer of Residence Rules, 1978 and another Firearm under Rule 16 of the Baggage Rules, 1994 will not arise, nor can a Firearm be allowed under Rule 5 or Rule 8 of the Baggage Rules, 1994.
Sd/-
(T.R. Kapur)
Under Secretary (Cus.VI)
CUSTOMS CIRCULAR No. 30 Dated 22nd May, 2001
Disposal of Imported Fire Arms – reg.
The undersigned is directed to refer to the Ministry’s letter F. No. 497/57/87-Cus.VI dated 5.1.88 (copy enclosed) on the above subject, wherein it was clarified that fire arms allowed to be imported into India shall not be transferred to any person during the lifetime of the importer for consideration or otherwise. Recently, a request was received in the Department from a passenger (who had earlier been allowed in 1990 a fire arm import on appropriate duty) to be allowed to dispose off the fire arm as he had become old and sick and wanted to spend money received from sale of fire arm for maintaining his health/cost of living. On refusal of his request the matter was taken by him to Delhi High Court where the policy of the Government on disposal of fire arms during the lifetime or later came up for review. The Government was asked by this Hon’ble Court to clarify its disposal policy especially after the demise of the person, if the fire arm was not permitted to be disposed off during the lifetime of the firearm owner. The Ministry of Home Affairs who were consulted has clarified and this was brought to notice of the Hon’ble Court that disposal of the fire arms after the demise of the person may be allowed in the following manner:
(i) By transfer to the legal heirs; and
(ii) By sale of arm by the legal heir to a licence holder or arms dealer
The Hon’ble Court has taken a note of the Government’s policy clarification and rejected the request for disposal/transfer of fire arm to any other person as made by the petitioner.
You are requested to bring the above position to the notice of all concerned. No disposal of Customs cleared firearms be permitted during lifetime of the owner, but after the demise of the person concerned, the disposal/transfer be permitted as per above mentioned latest clarification of Home Ministry.
Sd/-
(Dr. Vinayak Prasad)
Under Secretary to the Government of India
F.No. 497/57/87-CUS.VI
Dated 5.1.88
Ministry of Finance
(Department of Revenue)
New Delhi
Disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer of Residence.
Attention is invited to Ministry’s letter bearing F.No. 495/106/86-Cus.VI, dated 12-8-1987, and Telex messages dated 13-8-1987 and 8-9-1987 regarding disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer of Residence etc.
2. The transitional problems arising out of sudden imposition of ban on the imported of fire arms in baggage or as gift and the delay in communicating the decision regarding this prohibition to the concerned authorities, particularly, our Missions abroad, had been under consideration of the Government. Having regard to these transitional problems and at the same time keeping in view the need to eliminate profiteering by unscrupulous elements, on account of high co-premium commanded by weapons of foreign make in the Indian market, Government have decided -
(1) to regularize all import made up to 31-1-1987 (except those which were already confiscated and disposed of by the customs authorities) subject to the condition that such fire arms shall not be transferred to any person in India during the life-time of the licensees for consideration or otherwise;
(2) to permit persons bringing their personal effects under the Transfer of Residence Rules, 1978 to import one fire arm which was in their possession for a minimum period of one year subject to the condition that such fire arm shall not be transferred to any person in India during their life-time for consideration or otherwise; and
(3) to permit import of sporting weapons for target practice by rifle Clubs/Associations recognized by Central/State Government or their members, on the basis or specific recommendations of the Department of Youth Affairs and Sports.
3. So far as decision at (3) above is concerned, CCI & E would make suitable provision in the Import policy permitting the import of sporting weapons for target practice by Rifle Clubs/Associations.
4. So far as import of fire arms made in baggage including unaccompanied baggage up to 31-1-1987 are concerned you may now release the detained fire arms. A condition may, however, be put in the Arms Licence of the importer concerned that the fire arm shall not be transferred to any person in India during the life time of the licensee for consideration or otherwise.
5. So far as imports under Transfer of Residence Rule are concerned, a similar condition may also be endorsed in the Arms Licence of the passenger concerned. Necessary action is being taken to carry out appropriate amendment in the Baggage (Conditions of Exemption) Rules, 1986 to provide for a condition to the above effect.
Having regard to the sensitive nature of the item, you are requested to ensure that transfer of residence facilities in respect of import of a fire-arm are permitted only in those cases where proof of possession for a period of one year by way of a possession license or an Arms Licence, wherever required, in the country of residence abroad is invariably insisted upon besides the purchase vouchers to establish the period of ownership.
If there are genuine doubts regarding the ownership and possession of the fire arm for a minimum period of one year abroad, the concessions under the T.R. Rules should be denied and fire arms so imported, confiscated absolutely. You may also ensure that fire arms imported under T.R. Rules are allowed clearance only at the level of Asstt. Collector of Customs after due verification since personal fire arms are not permitted for possession in many countries, particularly, by persons who are not nationals of that country.
http://www.ieport.com/baggage_rules/63-95.htm
Government of India
Customs Circular No. 63/1995 Dated 07/06/1995
Subject : Transfer of Residence Form in vogue for claiming benefits of Transfer of Residence under Chapter IV of the Baggage Rules, 1994 - reg.
The undersigned in directed to say that it has been brought to the notice of the Board that the Transfer of Residence Form binge used in your Collect orate contains a clause that "the goods cleared by the passenger shall not be sold, displayed or advertised or offered for sale until their market price has displayed or advertised or offered for sale until their market price has depreciated to less than 50% of the market price when new", although in terms of the existing provision, there is no such restrictions on the goods cleared as baggage by a passenger. A copy of the Transfer or Residence Form received with the reference in enclosed for your ready reference. As the Baggage (Conditions of Exemption) Rules, 1975 have already been rescinded, this clause in the Transfer of Residence form has to be deleted to avoid confusion in the minds of passengers.
2. It is, therefore, requested that necessary action in the matter may be taken immediately under intimation to the Board.
3. In this connection, it is pointed out that one firearm of permissible bore is allowed to be imported by persons transferring their residence to India under Chapter IV of the Baggage Rules, 1994. This is being allowed in terms of Ministry's instructions dated 5.1.88 issued from F.No. 497/ 57/ 87-Cus VI. Such release is permitted subject to the condition that the firearm so cleared shall not be sold, transferred, loaned or otherwise parted with, for consideration or otherwise, to any other person in India during the life time of the person concerned. An endorsement to this effect is made in the arm licence and the passport of the passenger concerned at the time of clearance of the firearm. Such endorsement shall continue to be made by the customs authorities at the time of clearance of the firearm in question.
Sd /-
(T.R. Kapur)
Under Secretary (Cus. VI)
http://mumbaicustoms3.gov.in/htmldocs/misc.htm
Can firearms be imported as part baggage ?
Import of firearms is strictly prohibited.
However, Firearms may only be brought under Transfer of Residence - Import of firearms is usually prohibited and import of Cartridges in excess of 50 is also prohibited, both being listed under Annexure-I of the Baggage Rules. However, persons bringing their effects on TR can bring one firearm of permissible bore on payment of a duty @153% ad-valorem, subject to the conditions that:-
(a) the same was in possession and use abroad by the passenger for a minimum period of one year and also subject to the condition that such firearm, after clearance, shall not be sold, loaned, transferred or otherwise parted with, for consideration or otherwise, during the lifetime of such person AND
(b) the firearms can be allowed in such cases on payment of applicable duty provided the passenger has a valid arms licence from the local authorities.