Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Circular No.25/2011-Customs
North Block, Room No. 253-A,
New Delhi, the 22nd June, 2011.
To,
All Chief Commissioners of Customs/Customs (Prev).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev).
All Commissioners of Customs & Central Excise.
Subject: Issue of Custom House Agent License –
Reference from field formations – regarding.
Sir / Madam,
Attention is invited to provisions of the Custom House Agents Licensing
Regulations (CHALR), 2004 and various circulars and instruction issued from time
to time in this regard.
- Attention is also invited to Board’s
Circular No.9/2010-Customs dated
8.4.2010 which stipulates that those applicants who have passed the
examination referred to in Regulation 9 of CHALR, 1984, but were not given Licence under the said Regulation were required to appear in the examination
and qualify the same under Regulation 8 of CHALR, 2004 in respect of
additional subjects as provided in
Notification No.30/2010-Customs (NT)
dated 8.4.2010. The persons who qualify in the aforesaid examination shall
be deemed to have passed under regulation 8 of the CHALR, 2004 and would be
considered for grant of CHA licence in terms of regulation 9 of the CHALR,
2004.
- Further, Board’s Circular No.9/2010-Customs dated 8.4.2010 clearly
mentions that the requirement of number of licences will be determined by
market forces and no numerical criterion can be fixed. Considering the
pendency of non-grant of Licences to eligible qualified applicants, Board,
in the past, vide instruction issued in F.No.502/5/2005-Cus.VI dated
31.10.2007, had also directed that all pending cases be liquidated and all
eligible candidates should be granted Licences.
- It has been reported that in spite of the aforementioned
Circular/Instruction of Board individual Commissioners are still continuing
to regulate the number of CHA. Despite qualifying in the examinations and
passing additional subjects, licences are still not being granted under
Regulation 9 of CHALR, 2004 by concerned Commissioner on the ground that the
Commissionerate have to issue a separate public notice inviting fresh
applications in this regard.
- Board has taken a serious note of non-compliance of its instructions by
the Commissioners who are not issuing licence to eligible applicants. In
order to resolve the issue, it is reiterated that Commissioners should not
restrict the number of CHAs and shall grant licences to all eligible
applicants. A compliance report indicating number of eligible applicants who
have been granted licence may be sent by 15.07.2011. Needless to state the
other procedural requirements will have to be fulfilled by all such eligible
applicants who are being granted licences.
- Boards decision may be brought to the notice of the trade by issuing
suitable Trade/Public Notices. Suitable Standing orders/instructions may
also be issued for the guidance of the field officers.
- Difficulties faced, if any, in implementation of this Circular may be
brought to the notice of the Board immediately.
Yours faithfully,
Internal Circulation-As usual.
(Vikas)
Under Secretary (Customs-III/VI)
Telefax-011-2309 5532
Fax-011-2309 2173
[email protected]