Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Circular No.38/2011-Customs
227-B, North Block,
New Delhi-110001.
24th August, 2011.
To
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Director Generals under CBEC.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs (Appeals).
All Commissioners of Customs & Central Excise.
All Commissioners of Customs & Central Excise (Appeals).
Subject: Issue of Customs House Agent License – Reference from field
formations.
Sir / Madam,
Attention is invited to Board’s
Circular No.9/2010-Customs dated 8.4.2010 which
provides that persons qualified in written and oral examination held under
Regulation 9 of the Customs House Agents Licensing Regulations (CHALR), 1984 but
who were not granted Licence, are required to qualify in additional subjects to
become eligible for grant of Licence under CHALR, 2004. Further, para 8.1 of the
said Circular provides for one time opportunity to appear in examination for
additional subjects to qualify them for grant of CHA Licence.
- Representations have been received in the Board to grant reasonable
opportunities to persons qualified under Regulation 9 of the erstwhile CHALR,
1984 but not granted CHA Licence at par with that currently available to
applicants for passing examination under CHALR, 2004.
- The matter has been examined in the Board. In this regard, it is felt that
the intention of allowing these applicants to appear in the examination for
additional subjects such as (a) The Patents Act, 1970 and Copyright Act; 1957
(b) Central Excise Act, 1944 (c) Export promotion schemes, (d) Procedure on
appeal and revision petition, (e) Prevention of Corruption Act, 1988, (f) Online
filing of electronic Customs declarations, (g) Narcotic Drugs and Psychotropic
Substances Act, 1985 and (h) Foreign Exchange Management Act, 1999 was to ensure
that they have working knowledge in these subjects as prescribed under CHALR,
2004. However, restriction on providing one time opportunity to qualify the
examination for additional subjects for grant of CHA licence does not appear to
be justified and needs re-consideration.
- Accordingly, it has been decided by the Board that all such applicants who
had already passed the examination held under regulation 9 of CHALR, 1984 but
have not been granted licence and are seeking qualification in additional
subjects shall be allowed to clear the examination by 31.12.2012 irrespective of
number of chances to become eligible for grant of CHA licence in terms of
Regulation 9 of CHALR, 2004.
- Board also desired that DGICCE will conduct necessary examinations
expeditiously, after giving due notice to these candidates.
- These instructions may be brought to the notice of the trade by issuing
suitable Trade / Public Notices. Suitable Standing orders / instructions may be
issued for the guidance of the field officers.
Yours faithfully,
( R. P. Singh )
Director (Customs)
F.No.502/13/2011-Cus.VI