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Clarifications on provision of the amended CHA L.R 1984
Circular No. 62dated 28th
August 1998
It may be recalled that the CHA LR 1984 was amended
vide Notifn. No. 44/97 dated 15/9/1997 and 71/97 dated 19/12/1997-Cus. (NT). Two
of the major amendments are as under:
Regulation 6(a) was amended stipulating that
the applicant for a temporary licence should be a graduate from a recognized
university and have experience of Customs clearance work for a period of not
less than three years in the capacity of form 'G' pass holder, in addition to
the other earlier existing conditions. The commissioner could relax this period
from 3 years to 1 year for reasons to be recorded in writing.
Under the newly introduced Regulation 9(5), regular
CHA licensees have been permitted to authorise one of their employees/ partners/
directors from their firm to appear in the regulation 9 examinations. These
would be in addition to the already present Regulation 9 examination pass person
existing in the firm.
The queries raised by Commissioners on these
regulations among others have been considered by the Board and clarification on
these issues are as under:
Q1. Can the Diploma in "Customs
clearance and Freight forwarding " offered by the Bombay University be
considered equivalent of a graduate degree, which is an essential requirement
under Reg'n 6(a) of the CHALR for the purpose of issue of temporary licence?
A) Since this diploma is
not equivalent to a degree it cannot be considered as such. However, if any
university declares such a diploma as equivalent to the degree then, that
diploma would be eligible.
Q2. The amended Regulation 9(5) permits
regular CHA licensees to authorise one of their employees/ partners/ directors
to appear in the Regulation 9 examination. How many chances would these
additional persons have in the examination and within what time period would
they be required to clear the Regulation 9 examination?
A) It has been decided
that such examines would be allowed three attempts within a period of 2 years
from the date of application by the licensee for the examination.
Q3. Regulation 10(2) (c) states that
the CHAs who are granted regular licences under Regulation 10 are required to
produce evidence of Knowledge of the local language of the Customs Stations at
which he wishes to conduct business. What would constitute proof of knowledge of
local language? Furthermore who would be required to produce it, the CHA or his
authorised representative?
A) The level of adequacy
of knowledge of local language and proof thereof are to be decided by the
Commissioners at their own level since the rules do not specify any levels of
knowledge. In case of doubts the Chief Commissioner may be consulted. In the
case of the main officer, the CHA as well as his authorised representative would
be required to possess knowledge of the local language. In the case of the
branch office, knowledge of local language by the authorised representative in
charge of the office would be considered sufficient.
Q4. Would the additional representative
of the CHA licensee, who has cleared the Regulation 9 examination on behalf of
the organisation [under the new Regulation 9(5)], be permitted to apply for an
independent CHA licence under Regulation 10?
A) Such a person can apply
for an independent license when applications are called, provided he fulfils all
the conditions prescribed under Regulation 6 of CHALR '84. If he merely
possesses proof of clearance of Regulation 9 examination as a result of
Regulation 9(5), without having other essential ingredients prescribed under
Regulation 6, then he would not eligible for an independent CHA licence even
though the Regulation 9 examination is o a higher level as compared to the
Regulation 20(3) examination. In addition the Regulations do not envisage
indiscriminate allowing of representatives to sit for the examination under
Regulation 9 as only an additional member has been allowed only w. e. f. 1997.
Commissioners may be cautious in this aspect.
Q5. In many Commissionerate there are
persons who have been given a temporary CHA licence under the unamended
regulations, which did not insist upon Graduation as a requirement of temporary
licence under Regulation 6. Should such persons be accorded a permanent licence
as and when they become eligible by fulfilling prescribed conditions.
A) Since the temporary
licences were given without insisting upon the criterion of possession of a
graduate degree, which was according to criteria then existing, such persons
would be eligible to permanent licences.
Q6. It has been requested from various
quarters that those having experience in dealing with Customs clearance, should
be issued a Form 'G' even if they do not have the required educational
qualification of 10th pass.
A) Assuming that they have
the requisite Knowledge, such persons cannot be considered for issue of a Form
'G' as they do not fulfil the requirements under Reg'n 20.
Q7. Before the amendments in Sept. 1997
it was not essential for a Licensee to be a graduate. The question is, would
such licences granted before Sept. 1997, be entitled for renewal even if the
licence holder is not a graduate?
A) Yes, Such licences
would be eligible for renewal as when they were initially issued, the
requirement of the licence holder being a graduate was not there.
Q8. Before the amendments in Sept. 97
and application for a 'G' pass was not required to be a 10th standard pass
person. Would such persons, to whom 'G' passes had been issued under the
unamended regulation, be eligible for renewal of the form 'G' issued earlier?
A) Yes, Such 'G' passes
would be eligible for renewal as, when they were initially issued the
requirement of the 'G' pass holder being a 10th passes person was not there.
Q9. Regulation 9(5) permits a licensee
to authorise one employee/ partner/ director to appear in the Regulation 9
examination. Would this Addl. person also be required to fulfil the requirement
of Regulation 6 i.e. possession of Graduate degree, being an employee of a
licensee, possession of form 'G' and work experience of at least three years in
the capacity of a form 'G' pass holder?
A) This Addl. person is
required to be graduate. However, as he would not be eligible to apply for
separate temporary licence (on the basis of having passed the Regulation 9
examination), he need not be a 'G' pass holder or have experience in the
capacity of 'G' pass holder for a period of three year.
In case it is felt that certain other issues require
further clarifications, you are requested to please intimate.
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