CUSTOMS HOUSE AGENTS LICENSING REGULATIONS, 1984
Notification No. 85
dated 19th March 1984 (NT) {As
amended vide Notification No. 230 dated 3rd April 1986 (NT),
Notification No. 240 dated 17th September 1984 (NT), Notification No.
74 dated 15th November 1991 (NT), Notification No. 35 dated 5th
May 1994 (NT), Notification No. 44 dated 15th September 1997 (NT),
Notification No. 71 dated 19th December 1997 (NT), Notification No.
29 dated 11th May 1999 (NT)}
In exercise of the powers conferred by sub-section
(2) of section 146 of the Customs Act, 1962 (52 of 1962), the Central Board of
Excise & Customs hereby makes the following regulations, namely:
(1)
These regulations may be called the Customs House Agents Licensing
Regulations, 1984.
(2)
They shall come into force on the date of their publication in the
Official Gazette.
In these regulations, unless the context otherwise
requires:
(a)
"Act" means the Customs Act, 1962 (52 of 1962);
(b)
"company" means a company as defined in the Companies Act, 1956
(1 of 1956);
(c) "Custom House
Agent" means a person licensed under these regulations to act as agent for
the transaction of any business relating to the entry or departure of
conveyances or the import or export of goods at any customs station;
(d) "firm", "firm
name", "partner" and "partnership" have the meanings
respectively assigned in the Indian Partnership Act, 1932 (9 of 1932), but the
expression "partner" shall also include any person who, being a minor,
has been admitted to the benefits of partnership;
(e)
"form" means a form appended to these regulations;
(f)
"section" means a Section of the Act;
(g) The expressions
"Commissioner" and "Customs Station� shall have the same
meanings as in the Customs Act, 1962 (52 of 1962).
No licence under these regulations shall be required
by:
(a) an importer or exporter
transacting any business at a Customs Station solely on his own account;
(b) any employee of any person or
a firm transacting business generally on behalf of such person or firm; and
(c) an agent employed for one or
more vessels in order solely to enter or clear such vessels for work incidental
to his employment as such agent.
The Commissioner may invite applications for the
grant of such number of licences as assessed by him, to act as Customs House
Agents in the month of January every year by means of a notice affixed on the
notice board of each Customs Station as well as through publication in at least
two newspapers having circulation in the area of his jurisdiction specifying
therein the last date of receipt of application. Such application shall be for
clearance work within the jurisdiction of the said Commissioner.
(1) An application for a licence
to act as a Custom House Agent in a Customs Station shall be made in Form A and
shall inter alia contain the name and the address of the person applying;
and
(2)
If the applicant is a firm -
(a)
the name and address of every partner of the firm, the firm's name, and
(b)
the name of the partner or the duly authorised employee, who will
actually be engaged in the clearance of goods or conveyances through the
customs.
(3)
If the applicant is a company -
(a)
the name of each director, manager, managing director, and
(b)
the names of director, manager or the duly authorised employee, who will
actually be engaged in the clearance of goods or conveyances through the
customs.
The applicant or the person referred to in clause
(b) of sub-regulations (2) and (3) of Regulation 5 as the case may be, shall
prove to the satisfaction of the Commissioner that:
(a) the applicant is a graduate
from a recognised University and is an employee of a licensee and that he
possesses a permanent pass in Form G prescribed under regulation 20 and has the
experience of work relating to clearance of goods through the Customs, for a
period of not less than three years in the capacity of such a pass holder :
Provided that the Commissioner may relax the
possession of permanent pass in Form G to one year for reasons to be recorded in
writing.
(b) the applicant has financial
viability supported by a certificate issued by a Scheduled Bank or such other
proof acceptable to the Commissioner evidencing possession of assets of the
value of not less than Rs. 1 lakh in the case of applicants for the grant of
licence in respect of any one of the Customs Stations at Bombay, Calcutta,
Madras, Cochin, Kandla, Goa, Mangalore, Tuticorin or Visakhapatnam and not less
than Rs. 50,000/- in the case of each of the other Customs Stations, situated at
places other than those specified above :
Provided that in cases where a Commissioner's
jurisdiction extends to more than one Customs Station, the Commissioner may
issue one licence for all the Stations or more than one such Station to be
specified in the licence, waiving the need for separate compliance of the
provisions of clauses (a) and (b) above for such additional Customs Stations.
The Commissioner may also waive the need for separate compliance of the
requirement of Regulation 11 in such cases:
Provided further that in
places where there is more than one Commissioner exercising jurisdiction over
different Customs Stations and Custom House Agents licensed under the Custom
House Agents Licensing Regulations, 1965 have been operating in the said Customs
Stations on the basis of one licence, it shall be. open to such Agents to obtain
a temporary licence under Regulation 8 from the Commissioner, other than the one
who has issued them the existing licence, without being required to comply with
the requirements of Regulation 6 in regard to financial viability or the
requirements as to fresh deposit in terms of Regulation 11.
On receipt of application under Regulation 5, the
Commissioner may make enquiries for verification of the particulars set out in
the application and also such other enquiries, as he may deem necessary
including enquiries about the reliability and financial status of the applicant.
(1) Any applicant whose
application is received within the last date specified in Regulation 4 and who
satisfies the requirements of Regulations 5 and 6, shall be permitted to
operate as Custom House Agent at the Customs Station for which the application
is made initially for the period of one year against temporary licence granted
by the Commissioner in this regard in Form B.
Provided that when evidence is produced to the
Commissioner that the applicant has already availed of two chances for
qualifying in the written or oral examination prescribed in these regulations
and would like to avail of the third chance as soon as the next examination is
held in terms of Regulation 9 and that the applicant has been able to account
for the minimum volume of work prescribed for such agents in the course of one
year's working, the Commissioner may extend the aforesaid period of one year for
which the temporary licence has been granted by another six months or such
further period not exceeding one year to enable the applicant to avail of the
third chance for qualifying in the examination in terms of Regulation 9. While
granting such extension, the Commissioner of Customs shall satisfy himself that
the requirements of Regulations 10(l)(a) and 10(l)(b) had been fully met by the
applicant.
(2) Any person, whose application
for grant of temporary licence under sub-regulation (1) of regulation 8 is
rejected by the Commissioner of Customs may represent to the Chief Commissioner
of Customs or Chief Commissioner of Customs and Central Excise, as the case may
be against such order rejecting the grant of a temporary licence, within 30 days
of the communication of the impugned order.
(3) In case the number of
applicants fulfilling the conditions prescribed under regulation 6 is more than
the number of licences to be issued as assessed under regulation 4, the
Commissioner may adopt seniority in experience as 'G' pass holder of such
applicants as the criterion to give precedence to the applicants:
Provided that if more than one
applicant has the same period of experience, the applicant who is older in age
shall get precedence.
(1) The holder of a temporary
licence in the case of an individual and the person or persons who will be
actually engaged in the work of clearance of goods through customs on behalf of
the firm or company holding a temporary licence, as the case may be, shall be
required to qualify in examination, at the earliest opportunity. Such person or
persons shall be eligible to appear in the examination as soon as a temporary
licence is granted and shall be permitted to avail of three chances within a
period of 2 years from the date of issue of the temporary licence on payment of
prescribed examination fee of Rs. 500/- for each examination.
(2) The examination referred to
in sub-regulation (1) shall include a written and oral examination and will be
conducted twice every year. Each applicant would be permitted to avail of a
maximum of three chances to qualify in the said examination but all such chances
should be availed of within a maximum period of 2 years from the date of grant
of temporary licence.
Explanation: A person who qualifies in the written examination, but fails in
the oral test linked to it, shall be treated as having failed in that chance;
but he will not be required to appear in the written examination in the
subsequent chances.
(3)
The examination may include questions on the following:
(a) preparation
of various kinds of bills of entry and shipping bills;
(b)
arrival entry and clearance of vessels;
(c)
tariff classification and rates of duty;
(d)
determination of value for assessment;
(e)
conversion of currency;
(f) nature and
description of documents to be filed with various kinds of bills of entry and
shipping bills;
(g)
procedure for assessment and payment of duty;
(h)
examination of merchandise at the Customs Stations;
(i)
provisions of the Trade and Merchandise Marks Act, 1958 (43 of 1958);
(j)
prohibitions on import and export;
(k)
bonding procedure and clearance from bond;
(l)
re-importation and conditions for free re-entry;
(m)
drawback;
(n)
offences under the Act;
(o) the provisions of
allied Acts including Imports and Exports (Control) Act, 1947 (18 of 1947),
Foreign Exchange Regulation Act, 1973 (46 of 1973), Indian Explosives Act, 1884
(4 of 1884), Arms Act, 1959 (54 of 1959), Opium Act, 1878 (1 of 1878), Drugs and
Cosmetics Act, 1940 (23 of 1940), Destructive Insects and Pests Act, 1914 (2 of
1914), Dangerous Drugs Act, 1930 (2 of 1930) in so far as they are relevant to
the clearance of goods through customs;
(p)
procedure in the matter of refund of duty paid, appeals and revision
petitions under the Act.
(4) The Commissioner shall also
satisfy himself whether the licensee in Form B, See Form 48 in Part 5, if he is
an individual, possesses, or in the case of a firm or company, the persons who
will be actually engaged in the work relating to clearance of goods through
customs on behalf of that firm or company, possess satisfactory knowledge of
English and the local language of the Customs Station:
Provided that in
the case of persons deputed to work exclusively in the docks, knowledge of
English will not be compulsory. Knowledge of Hindi will be considered as an
additional or desirable qualification.
(5) The holders of a regular
licence under regulation 10 may authorise one of their employees or partners or
directors, to appear for the examination referred to in sub-regulation (1), on
behalf of such holders of regular licence in addition to the person of their
agency who has passed the examination referred to in sub-regulation (1).
The Commissioner shall, on receipt of an application
in Form C, grant a regular licence in Form D on payment of a fee of Rs. 5000/-
to such holder of a temporary licence who qualifies in an examination referred
to in Regulation 9 and whose performance is found to be satisfactory with
reference, inter alia, to the following:
(a) quantity or value of cargo
cleared by such licensee conforming to norms as may be prescribed by the
Commissioner;
(b) absence of instances of delay
either in the clearance of goods or in the payment of duty for any reason
attributable to such licensee and any complaints of misconduct including
non-compliance of any of the obligations specified in Regulation 14.
(2) The Custom House Agents who
are granted regular licences under Regulation 10, shall be eligible to work in
all Customs Stations subject to fulfilment of the following requirements:
(a) the licensee shall make an
application to the Commissioner of the concerned Customs Station where he
intends to transact business for purposes of registering himself and his
authorised staff;
(b) he fulfils the conditions
stipulated in clause (b) of Regulation 6 relating to financial soundness and
possesses the ability to provide adequate warehousing and transport facilities
at the place of clearance of goods and production of evidence relating to
availability of sufficient clientele at his disposal;
(c) he shall also be required to
enter into a separate bond in Form D for due observation of these regulations
and to furnish a separate Bank Guarantee for each Customs Stations as stipulated
under Regulation 11; he shall produce evidence of knowledge of the local
language of the Customs Stations, at which he wishes to conduct business;
(d) on fulfilment of the
aforesaid conditions, the Commissioner of the Customs Station at which the
licensee intends to transact business shall grant a licence in Form 'D'
authorising him to transact business at that Customs Station :
Provided that no separate licence would be required
in places where in addition to a Custom House handling imports by sea, there is
also an International airport to handle imports by air even if under the
jurisdiction of a different Commissioner.
(3) The Commissioner may reject
an application for the grant of regular licence to act as Custom House Agent if
the holder of the temporary licence fails to qualify in the examination in terms
of Regulation 9, or the holder of temporary licence on evaluation of his
performance in terms of Regulation 10 is not considered suitable due to any
other reason to be stated in the order passed by the Commissioner.
(4) Any person aggrieved by the
order of the Commissioner passed under sub-regulation (3) of regulation 10 may
represent to [the Chief Commissioner of Customs or Chief Commissioner of Customs
and Central Excise, as the case may be against such order within 30 days of the
communication of the impugned order.
(5) The Chief Commissioner may,
on his own motion or otherwise call for and examine the records of any
proceedings in which the Commissioner has passed any order under sub-regulation
(3) for the purpose of satisfying himself "as to the legality, propriety or
correctness of such order and may pass such orders as he may deem fit. No order
under this sub-regulation shall be made so as to prejudicially affect any person
unless such person is given reasonable opportunity for making a representation
and being heard in his defence, if he so desires."
(6) No order shall be made under
sub-regulation (5) or sub-regulation (2) of regulation 8 in relation to an order
passed by Commissioner under sub-regulation (3) or sub-regulation (1) of
regulation 8, as the case may be, after the expiry of one year from the date on
which such order was passed by the Commissioner.
(1) Before granting a temporary
licence under Regulation 8 or a regular licence under Regulation 10, the
concerned Commissioner shall require the applicant to enter into a bond in Form
E and, if necessary, a surety bond in Form F for due observance of these
Regulations and shall also require him to furnish a bank guarantee, postal
security or National Savings Certificate, in the name of Commissioner of
Customs, for an amount of Rs. 25,000/- for carrying out of business of Custom
House Agent at a Customs Station referred to in clause (b) of Regulation 6 and
Rs. 10,000/- in the case of other customs stations.
(2) For carrying on of business
as Custom House Agents at more than one customs station falling within the
jurisdiction of different Commissioners, a separate bond accompanied by bank
guarantee, postal security or National Savings Certificate shall be required to
be executed.
(3) If the applicant furnishes
postal security or National Savings Certificate, the same shall be pledged in
the name of the Commissioner and the applicant shall get the benefit of the
interest accruing on it.
(1) A licence granted under
regulation 10 shall be valid for a period of five years, but may be renewed from
time to time in accordance with procedure provided in sub-regulation (2).
(2) The Commissioner of Customs,
may, on application made by the licensee, before the expiry of the validity of
the licence under sub-regulation (1), renew the licence for a period of five
years from the date of expiration of the original licence granted under
regulation 10 or of the last renewal of such licence, as the case may be, if the
performance of the licensee is found to be satisfactory with reference, inter
alia, to the following:
(a) quantity or value of cargo
cleared by such licensee conforming to norms as may be prescribed by the
Commissioner;
(b) absence of instances of delay
either in the clearance of goods or in the payment of duty for any reason
attributable to such licensee and any complaints of misconduct including
non-compliance of any of the obligations specified in regulation 14.
(3)
The fee for renewal of a licence under sub-regulation (2) shall be Rs.
3,000/-
Every licence granted or renewed under these
Regulations shall be deemed to have been granted or renewed in favour of the
licensee and no licence shall be sold or otherwise transferred.
A Custom House Agent shall:
(a) obtain an authorisation from
each of the companies, firms or individuals by whom he is for the time being
employed as Custom House Agent and produce such authorisation whenever required
by an Assistant Commissioner of Customs or Deputy Commissioner of Customs;
(b) transact business in the
Customs Station either personally or through an employee duly approved by the
Assistant Commissioner of Customs or Deputy Commissioner of Customs, designated
by the Commissioner;
(c) not represent a client before
an officer of Customs in any matter to which he, as officer of the Department of
Customs gave personal consideration, or as to the facts of which he gained
knowledge, while in Government service;
(d) advise his client to comply
with the provisions of the Act and in case of non-compliance, shall bring the
matter to the notice of the Assistant Commissioner of Customs or Deputy
Commissioner of Customs;
(e) exercise due diligence to
ascertain the correctness of any information which he imparts to a client with
reference to any work related to clearance of cargo or baggage;
(f) not withhold
information relating to clearance of cargo or baggage issued by the Commissioner
of Customs from a client who is entitled to such information;
(g) promptly pay over to the
Government, when due, sums received for payment of any duty, tax or other debt
or obligations owing to the Government and promptly account to his client for
funds received for him from the Government or received from him in excess of
Governmental or other charges payable in respect of the clearance of cargo or
baggage on behalf of the client;
(h) not procure or attempt to
procure directly or indirectly, information from the Government records or other
Government sources of any kind to which access is not granted by proper officer;
(i) not attempt to
influence the conduct of any official of the Customs Station in any matter
pending before such official or his subordinates by the use of threat, false
accusation, duress or the offer of any special inducement or promise of
advantage or by the bestowing of any gift or favour or other thing of value;
(j) not refuse access to,
conceal, remove or destroy the whole or any part of any book, paper or other
record, relating to his transactions as a Custom House Agent which is sought or
may be sought by the Commissioner;
(k) maintain records and accounts
in such form and manner as may be directed from time to time by an Assistant
Commissioner of Customs or Deputy Commissioner of Customs and submit them for
inspection to the said Assistant Commissioner of Customs or Deputy Commissioner
of Customs or an officer authorised by him whenever required;
(i) ensure that all
documents prepared or presented by him or on his behalf are strictly in
accordance with orders relating thereto;
(m) ensure that all documents, such as
bills of entry and shipping bills delivered in the Customs Station by him show
the name of the importer or exporter, as the case may be, and the name of the
Custom House Agent, prominently at the top of such documents;
(n) in the event of the licence
granted to him being lost, immediately report the fact to the Commissioner;
(o) ensure that he discharges his
duties as Custom House Agent with utmost speed and efficiency and without
avoidable delay; and
(p) not charge for his services
as Custom House Agent in excess of the rates approved by the Commissioner from
time to time under Regulation 25.
In case a company holding a licence under Regulation
10 undergoes any change in the directors, managing director or managers, such
change shall be forthwith communicated by such licensee to the Commissioner.
(1) In the case of any firm or a
company, being a licensee, any change in the constitution thereof shall be
reported by the firm or the company, as the case may be, to the Commissioner as
early as possible and any such firm or a company, indicating such change shall
make a fresh application to the said Commissioner within thirty days for the
grant of licence under regulation 5 or regulation 10, as the case may be. On
scrutiny of such application the Commissioner may grant to the firm or a
company, as the case may be, a fresh licence of the category held by the
applicant prior to the change in constitution, if there is nothing adverse
against him.
Provided that the existing firm or a company, if it
moves an application to that effect may be allowed to carry on the business of
Customs House Agent till such time as a decision is taken on the fresh
application of the firm or the company.
(1) Where a licence granted or
renewed under these Regulations in favour of a person, not being a firm or a
company, changes the constitution of his concern to a firm or a company, such
new firm or new company may, pending the grant of a regular licence in
accordance with these Regulations, be permitted to act as Custom House Agent
with the approval of the Commissioner of Customs.
(2) Notwithstanding anything
contained in sub-regulation (1), where a licence granted or renewed under these
Regulations in favour of a person has ceased to be in force because of the death
of that person, his legal heir who has been assisting in the work of clearance
of goods through customs and is employed as such under Regulation 20, may be
granted a licence if there is nothing adverse against him and if he qualifies in
the examination referred to in Regulation 9.
(1) A person who has qualified in
the examination referred to in regulation 9 may engage himself in the work
relating to the clearance of goods through customs on behalf of a firm or a
company licensed under regulation 10 provided that at any given time he shall
not so engage himself on behalf of more than one such firm or company.
(2) Any change in the persons
qualified in the examination referred to in regulation 9 and actually engaged in
the work in the customs station on behalf of a licencee firm or company shall be
communicated forthwith by the firm or the company, as the case may be, to the
Assistant Commissioner of Customs or Deputy Commissioner of Customs and no new
person other than the one who is qualified in the examination referred to in
regulation 9 shall be allowed to work in the Customs Station as a duly
authorised employee on behalf of that firm or company.
(1) A licensee
required to maintain accounts under these Regulations shall maintain such
accounts:
(a) in an orderly and itemised manner
and keep them current; and
(b) reflect
all financial transactions as Custom House Agent.
(2) He shall keep and maintain on
file a copy of each of the documents, such as, bill of entry, shipping bill,
transhipment application, etc. and copies of all his correspondence and other
papers relating to his business as Custom House Agent.
(3) All records and accounts
required to be maintained under these Regulations shall be preserved for at
least five years and shall be made available at any time for inspection of
officers authorised to inspect such records and accounts.
(1) A licensee may, having regard
to the volume of business transacted by him, employ one or more persons to
assist him in his work as Custom House Agent.
(2) Appointment of a person
referred to in sub-regulation (1) shall be made only after obtaining the
approval of the Assistant Commissioner of Customs or Deputy Commissioner of
Customs designated by the Commissioner for this purpose and in the matter of
granting approval, he shall take into consideration the antecedents and any
other information pertaining to the character of such person.
(3) Appointment of a person
referred to in sub-regulation (1) shall be subject to the condition that he
shall, within six months from the date of his appointment, pass an examination
conducted by the said Assistant Commissioner of Customs or Deputy Commissioner
of Customs or by a Committee of Officers of Customs to be appointed by him for
the purpose, and the examination shall be such as to ascertain the adequacy of
knowledge of such person regarding the provisions of the statutes subject to
which goods and baggage are cleared through the Customs :
Provided that where any person fails to pass the
examination within the period referred to in sub-regulation (3), the Assistant
Commissioner of Customs or Deputy Commissioner of Customs may, by order in
writing, permit such person, to appear again for the examination, but no such
order shall be made in favour of a person who had been given the opportunity to
appear for the examination four times:
Provided further that a person referred to in
sub-regulation (1) shall have passed the 10th standard of the Central Board of
Secondary Education or its equivalent before his employment under that
sub-regulation.
(4) Notwithstanding anything
contained in sub-regulation (3), a person who has worked under a Custom House
Agent and passed the examination referred to in sub-regulation (3), may, on his
appointment under any other Custom House Agent with the approval of the
Assistant Commissioner of Customs or Deputy Commissioner of Customs, be exempted
from passing the examination again.
(5) Where the Custom House Agent
has authorised any person employed by him to sign documents relating to the
business of such agent on his behalf, he shall file with the Assistant
Commissioner of Customs or Deputy Commissioner of Customs, a written authority
in this behalf and give prompt notice in writing, if such authorisation is
modified or withdrawn.
(6) The Assistant Commissioner of
Customs or Deputy Commissioner of Customs shall issue an identity card to every
employee of a Custom House Agent,
(i)
in Form G, in case he has passed the examination referred to in
sub-regulation (3),
(ii)
in Form H, in case he has not passed such examination,
(iii) and every such
person shall, at all times when he transacts the work at the Customs Station,
carry such card with him and produce it for inspection on demand by any officer
of the Customs Station.
(7) The Custom House Agent shall
exercise such supervision as may be necessary to ensure the proper conduct of
any such employees in the transaction of business as agent and be held
responsible for all acts or omissions of his employees in regard to their
employment.
(1) The Commissioner may, subject
to the provisions of Regulation 23, suspend or revoke the licence of a
Custom House Agent so far as the jurisdiction of the Commissioner is concerned
and also order for forfeiture of security on any of the following grounds:
(a) failure of the Custom House
Agent to comply with any of the conditions of the bond executed by him under
Regulation 11;
(b) failure of the Custom House
Agent to comply with any of the provisions of these regulations, whether within
the jurisdiction of the said Commissioner or anywhere else;
(c) any misconduct on his part
whether within the jurisdiction of the said Commissioner or anywhere else which
in the opinion of the Commissioner renders him unfit to transact any business in
the Customs Station.
(2) Notwithstanding anything
contained in sub-regulation (1), the Commissioner may, in appropriate cases,
where immediate action is necessary, suspend the licence of a Custom House Agent
where an enquiry against such agent is pending or contemplated.
Notwithstanding anything contained in Regulation 21,
the Commissioner may prohibit any Custom House Agent from working in one or more
sections of the Customs Station, if he is satisfied that such agent has not
fulfilled his obligations as laid down under Regulation 14 in relation to work
in that section or sections.
(1) The Commissioner shall issue
a notice in writing to the Custom House Agent stating the grounds on which it is
proposed to suspend or revoke the licence and requiring the said agent to submit
within such time as may be specified in the notice not being less than
forty-five days, to the Assistant Commissioner of Customs or Deputy Commissioner
of Customs nominated by him, a written statement of defence and also to specify
in the said statement whether the Custom House Agent desires to be heard in
person by the said Assistant Commissioner of Customs or Deputy Commissioner of
Customs.
(2) On receipt of the written
statement from the Custom House Agent, or where no such statement has been
received within the time-limit specified in the notice referred to in
sub-regulation (1), the Assistant Commissioner of Customs or Deputy Commissioner
of Customs may inquire into such of the grounds as are not admitted.
(3) The Assistant Commissioner of
Customs or Deputy Commissioner of Customs shall, in the course of inquiry,
consider such documentary evidence and take such oral evidence as may be
relevant or material to the inquiry in regard to the grounds forming the basis
of the proceedings and he may also put any question to any person tendering
evidence, for or against the Custom House Agent, for the purpose of ascertaining
the correct position.
(4) The Custom House Agent shall
be entitled to cross-examine the persons examined in support of the grounds
forming the basis of the proceedings and where the Assistant Commissioner of
Customs or Deputy Commissioner of Customs declines to examine any person on the
grounds that his evidence is not relevant or material, he shall record his
reasons in writing for so doing.
(5) At the conclusion of the
aforesaid inquiry, the Assistant Commissioner of Customs or Deputy Commissioner
of Customs shall prepare a report of the inquiry recording his findings.
(6) The Commissioner of Customs
shall furnish to the Custom House Agent a copy of the report of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs and shall require the
Custom House Agent to submit within the specified period not being less than
sixty days any representation that he may wish to make against the findings of
the Assistant Commissioner of Customs or Deputy Commissioner of Customs.
(7) The Commissioner shall, after
considering the report of the inquiry, and the representation thereon, if any,
made by the Custom House Agent, pass such orders as he deems fit.
(8) Any Custom House Agent
aggrieved by any decision or order passed under regulation 21 or sub-regulation
(7) of regulation 23, may appeal under section 129A of the Customs Act, 1962, to
the Customs and Central Excise Gold (Control) Appellate Tribunal established
under section 129(1) of Customs Act, 1962.
The grant of a licence under these Regulations does
not confer any right to accommodation in a Customs Station.
(1) The Commissioner may from
time to time and in consultation with the recognised Custom House Agents'
Association, if any, registered at a Customs Station, notify the rates that may
be charged by a Custom House Agent for his service rendered in relation to
clearance of goods and conveyance through Customs. The Custom House Agent shall
strictly conform to the rates so notified.
(2) Each Custom House Agent shall
enrol himself as a member of the Custom House Agents' Association if there is
one registered in the Customs Station and recognised by the Commissioner of
Customs.
(1)
The Custom House Agents' Licensing Regulations, 1965, are hereby
repealed.
(2) Notwithstanding such repeal
anything done or any action taken under the Custom House Agents (Licensing)
Regulations, 1965, shall be deemed to have been done or taken under the
corresponding provisions of these Regulations.
Application Form for Grant of a Temporary Customs House Agents'
Licence
Application Form for Grant of a Permanent Customs
House Agents Licence
[Refer Regulation 5 of Customs House Agents,
Licensing Regulations, 1984]
Application Form for Grant of Custom House Agent�s
License under Section 146 of the Customs Act, 1962
1. Name of the Applicant.
(In case the applicant is a firm or a company, the name of each of the partners
of the firm or the directors of the company as the case may be).
2. Full address of the
applicant. (In case the applicant is a firm or a company the full address of
each of the partners of the firm or the directors of the company as the case may
be).
3. In case the applicant
is a firm or a company, the name(s) of its partner/ partners or director/
directors or duly authorised employees who will actually be engaged in the work
as Custom House Agents.
4.
In case it is desired to appoint clerk(s) the name and address of the
clerk(s).
5. Educational
qualifications of each of the persons, who will actually be engaged in the work
as Custom House Agent.
6. Particulars regarding
knowledge of English and local language and Hindi. (These particulars are
required in respect of each of the persons actually engaged in the work as
Custom House Agent).
7. Particulars regarding
knowledge of Custom Law and procedure. (These particulars are required in
respect of each of the persons actually engaged in the work as Custom House
Agent).
8. Whether the applicant
had earlier applied for a licence to act as a Custom House Agent and whether
such application was rejected.
9. Whether he or the firm
or company by whom he is employed have earlier held a Custom House Agent�s
Licence under these regulations and whether it was cancelled or suspended.
10. Whether the applicant or any of the
persons proposed to be employed by him have been penalised, convicted or
prosecuted under any of the provisions of the Customs Act, 1962 or any other law
for the time being in force.
11. Number
and date of each of the documents furnished in accordance with Regulation 6.
I/ we hereby affirm that I/ we have read the Custom
House Agents Licensing Regulations, 1984 and agree to abide by them.
Date:
Signature of Applicant(s)
(Regular Licence)
Application Form for Grant of Custom House Agent�s
License under Section 146 of the Customs Act, 1962
1. Name of the Applicant.
(In case the applicant is a firm or a company, the name of each of the partners
of the firm or the directors of the company as the case may be).
2. Full address of the
applicant. (In case the applicant is a firm or a company the full address of
each of the partners of the firm or the directors of the company as the case may
be).
3. In case the applicant
is a firm or a company, the name(s) of its partner/ partners or director/
directors or duly authorised employees who will actually be engaged in the work
of the Custom House Agents.
4. In case it is desired
to appoint clerk(s) the name and address of the clerk(s) as the case may be.
5. Educational
qualifications of each of the persons, who will actually be engaged in the work
as Custom House Agent.
6. Particulars regarding
knowledge of English and local language and Hindi. (These particulars are
required in respect of each of the persons actually engaged in the work as
Custom House Agent).
7. Particulars regarding
knowledge of Customs Law and procedure. (These particulars are required in
respect of each of the persons actually engaged in the work of Custom House
Agent).
8. Particulars of the
quantity or value of cargo cleared during the currency of the temporary licence
in accordance with the Regulation 10.
9. Whether the applicant
had earlier applied for a licence to act as a Custom House Agent and whether
such application was rejected.
10. Whether he or the firm or company
by whom he is employed have earlier held a Custom House Agent�s Licence under
these regulations and whether it was cancelled or suspended.
11. Whether the applicant or any of the
persons proposed to be employed by him have been penalised, convicted or
prosecuted under any of the provisions of the Customs Act, 1962 or any other law
for the time being in force.
12. Number
and date of each of the documents furnished in accordance with Regulation 6.
I/ we hereby affirm that I/ we have read the Custom
House Agents Licensing Regulations, 1984 and agree to abide by them.
Date:
Signature of Applicant(s)
1 _____________________
2 _____________________
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