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Important Rules and Regulations

Narcotics: In India, drug use and addiction are increasing. The officials responsible for the suppression of drug trafficking (Customs and other enforcement agencies) are growing more conscious of this problem and arriving/departing foreigners are generally more carefully scrutinized.

The Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 provides for stringent penalties and control regulations. For instance, the import into India, export from India and transshipment of narcotic drugs are all punishable with rigorous imprisonment for a term of not less than 10 years and up to 20 years, and with a fine of not less than Rs.100,000 and up to Rs. 200,000. Persons possessing small quantities of narcotics (such as cocaine, morphine, diacetyl-morphine) intended for personal consumption are subject to imprisonment for up to one year, with or without fine depending upon the court's judgment. If the substance intended for personal use is other than those mentioned above, the prison sentence is for up to six months, with or without fine.

Contraband: Under the Customs Act of 1962, if a Customs official has reason to believe that someone has concealed on his/her person goods subject to confiscation or has relevant documents, that person will be thoroughly searched. If the Customs official has reason to believe that a person has concealed goods subject to confiscation in his/her body, the official may bring him/her before a magistrate who may order an x-ray and, if necessary, order such goods removed from the person under the supervision of a doctor. Goods subject to confiscation are seized by Customs. The penalty imposed is based on the value of the goods. Sentences for Customs-related minor offenses can be imprisonment for six months or a fine, or both. The maximum sentence is imprisonment for seven years. "Prohibited goods" generally refers to gold, diamonds, "manufactures" of gold or diamonds, watches and any other class of goods which the Central Government may specify in the official gazette.

Smuggling: The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) allows detention to prevent violation of foreign exchange regulations, smuggling and other activities which affect the national economy. Under COFEPOSA, a person can be detained to prevent him/her from smuggling goods; abetting in smuggling goods; engaging in transporting, concealing, keeping or dealing in smuggled goods; or harboring persons engaged in smuggling. An officer not below the rank of a Joint Secretary of the Central or State Government can issue an order for detention which can be executed anywhere in India. A person held under this Act is not eligible for bail. Any person (including a foreigner) for whom an order of detention is issued under this Act can be detained for up to one year when the government (1) believes that the person smuggles, or is likely to engage in smuggling, and (2) makes a declaration to the effect within five weeks of the date of detention. The maximum period of detention is two years. Revocation of one detention order does not prohibit the issuance of another detention order against the same person, if there is sufficient cause. Appeals can, however, be made for revocation and release. Detention under this Act is independent of the provisions and penalties of other legal proceedings against a detainee; that is, a detainee may have fulfilled the requirements of Customs and/or criminal court proceedings and may still be detained under COFEPOSA

Import Regulations: "High value" articles, particularly computers and camcorders, but also including cameras, typewriters, tape recorders, VCRs and other electronic items which a traveler brings to India must be declared on entry, be listed on the traveler's passport, and be duly exported at the conclusion of the visit., If "high value" items are not re-exported at the time of departure, duty must be paid. In the case of certain electronic and computer goods, duty can be as high as 100%. Cigarettes and alcohol are permitted in limited amounts. Duty-free camera film is limited to 25 rolls for still cameras and 10 reels for movie cameras.

CURRENCY REGULATIONS: Indian foreign exchange regulations have been somewhat liberalized but are still strict compared to American usage. Foreigners traveling in India are allowed to bring currency equaling up to $2500. If the total amount of foreign exchange (including $2500 in currency) exceeds $10,000, the amount must be declared upon entry on a Currency Declaration Form (CDF). Foreign exchange can be in any form: traveler's checks, foreign currency notes, coins, drafts drawn on a bank in India, or letters of credit. Banks, hotels, and authorized money changers can exchange foreign money for rupees. Receipts (called "encashment certificates") should be retained, as these will enable the traveler to reconvert the balance into dollars at the time of departure from the country, if the last receipt is not more than 30 days old. Dealing on the black market is illegal and also involves a high risk of being cheated or robbed. Also, counterfeit bills are frequently passed by black market dealers. Foreigners, except for prepaid tour groups, are required to pay hotel bills and purchase airline tickets with foreign exchange. Payment may also be made in Indian rupees on production of an encashment certificate. For more information on currency regulations, contact the Reserve Bank of India Tel: 011-23710538, 23710540.

Export/Trade Complaints: Personal articles and souvenirs such as handicrafts and most jewelry can be exported easily. A permit from the Reserve Bank of India is required for carpets, and for expensive jewelry or for jewelry made with large amounts of gold. The export of tiger, leopard, panther and snake skin items is prohibited, as is the export of antiques more than 100 years old. The importation of ivory into the United States is strictly regulated.

Tourists in India are advised to deal only with reputable merchants and official Indian Government outlets. Whenever possible, the purchaser should take the items with him/her when leaving India and not arrange for shipment by the vendor. The most frequent trade complaints the Consulate receives are from tourists who paid for goods to be shipped which never arrived. Other common complaints: the articles shipped were not the same ones as those the tourist bought; and/or the items (especially gemstones) proved to be worth far less than the seller claimed. The Consulate's role in trade complaints is limited to forwarding complaints to the Office of Tourism for appropriate action. It can take several months before a complaint is resolved.

MARRIAGE REGULATIONS The following are three of the most important marriage acts in India in summary form:

A) The Hindu Marriage Act The Hindu Marriage Act applies to Hindus, Sikhs, Jains and Buddhists. If one of the parties in the marriage is a non-Hindu, he/she must convert to Hinduism before the marriage ceremony can be performed under this Act. People can register their marriage, but registration is not a legal requirement and failure to register a marriage does not affect the legality of the marriage.

B) The Christian Marriage Act Under this Act, marriages can be performed by a minister of religion in a church or by a registrar of marriages.

(1) If a minister will perform the ceremony, one of the partners must notify the minister in writing of his/her intention. The usual notice period allows the posting of bans on three successive Sundays, but under certain circumstances the minister can shorten this period. After the ceremony the minister registers the marriage and issues a marriage certificate. (2) If a registrar will perform the marriage, he/she will first post the marriage notice in the registrar's office for one month. After the ceremony is performed in the presence of two witnesses, the registrar issues a marriage certificate.

C) The Special Marriage Act (1954) This Act covers marriages between people of different religions, but people of the same faith can also be married under this Act. Certain papers must be filed with the marriage registrar, including affidavits (in a prescribed form) by each party that they are single, and certifications from the local police station for each party that they have been resident of that area for at least 30 days. A notice of the intended marriage is published. Thirty days after publication of the notice, the marriage is solemnized by the marriage registrar in the presence of the bride and groom and three witnesses. The registrar registers the marriage and issues a marriage certificate. In our experience, for Americans to get married under the Special Marriage Act they would have to remain in India at least 60 days.

Often, the registrar asks the foreigner to bring a letter from his/her Embassy certifying his/her marital status in the home country. As marriage records are not centralized in the United States, the Consulate is unable to give such letters. The marriage registrar has been notified of this and the Consulate's restrictions on issuing such letters. However, if required, we will provide you a copy of the notice which has been sent to the registrar of marriages.