TMI BlogCustoms House Agents Licensing Regulations, 2004X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs 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" shall have the same meanings respectively assigned to them 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 form appended to these regulations; (f) "section" means a section of the Act; (g) the words and expressions used herein and not defined in these regulations but defined in the Act shall have the same meanings respectively assigned to them in the Act. 3. Customs House Agents to be licensed. No person shall carry on business as a Customs House Agent relating to the entry or departure of a conveyance or the import or export of goods at any Customs Station unless such person holds a licence granted under these regulations. Provided that no licence under these regulations shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a graduate from a recognized University and possesses a professional degree viz. C.A./M.B.A./L.L.B./ Diploma in Customs Clearance work from any Institute or University recognized by the Government with a working knowledge of computers and customs procedures, or is a graduate having at least three years experience in transacting Custom House Agent work as a G-Card holder,or a person who has passed the examination referred to in regulation 8, or is a retired Group 'A' officer from the Indian Customs and Central Excise Service (IC CES) having a minimum of ten years experience in Group 'A'. (b) the applicant has financial viability supported by a certificate issued by a Scheduled Bank or such other proof acceptable to the Commissioner of Customs evidencing possession of assets of value of not less than Rs. 2 lakhs; (c) the applicant is a citizen of India. 7. Scrutiny of application for licence. On receipt of application under regulation 5, the Commissioners of Customs may make enquiries for verification of the particulars set out in the application and also such other enquiry as he may deem necessary, includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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), the Patents Act, 1970 (39 of 1970) and the Copy Rights Act, 1957 (14 of 1957). (j) prohibitions on import and export; (k) bonding procedure and clearance from bond; (l) re-importation and conditions for free re-entry; (m) drawback and export promotion schemes; (n) offences under the Act; (o) the provisions of allied Acts including the Foreign Trade (Development and Regulation) Act 1992 (22 of 1992), the Central Excise Act, 1944 (1 of 1944), Foreign Exchange Management Act, 2000 (42 of 1999), the Indian Explosives Act, 1884 (4 of 1884), the Arms Act, 1959 (54 of 1959), the Narcotics Drugs and Psychotropic Substances Act, the Drugs and Cosmetics Act, 1940 (23 of 1940), Destructive Insects and Pests Act, 1914 (2 of 1914), the Dangerous Drugs Act, 1930 (2 of 1930), in so far as they are relevant to the clearance of goods through customs; (p) provisions of the Prevention of Corruption Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court of law. (4) Any applicant aggrieved by the order of the Commissioner of Customs passed under sub-regulation (3) may appeal to the Chief Commissioner of Customs or Chief Commissioner of Customs and Central Excise, as the case may be, within a period of thirty days from the communication of such order. (5) The Chief Commissioner of Customs or the Chief Commissioner of Customs and Central Excise, as the case may be, may, on his own motion or otherwise, call for and examine the records of any proceedings in which the Commissioner of Customs has passed the 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 other 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 defense, if he so desires. (6) No order shall be made under sub-regulation (5) in relation to an order passed by Commissioner of Customs under sub-regulation (3) or sub-regulation (1), as the case may be, after the expiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time being employed as Customs House Agent and produce such authorisation whenever required by the Deputy Commissioner of Customs or Assistant Commissioner of Customs; (b) transact business in the Customs Station either personally or through an employee duly approved by the Deputy Commissioner of Customs or Assistant Commissioner of Customs; (c) not represent a client before an officer of Customs in any matter to which he, as an 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 Deputy Commissioner of Customs or Assistant 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 contained in any order, instruction or public notice relating to clearance of cargo or baggage issued by the Commissioner of Customs, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Change in constitution of any firm or a company. (1) In the case of any firm or a company, holding a licence under these regulations, any change in the constitution thereof shall be reported by such firm or company, as the case may be, to the Commissioner of Customs as early as possible, and any such firm or a company indicating such change shall make a fresh application to the said Commissioner of Customs within a period of sixty days from the date of such change for the grant of licence under regulation 9, and the Commissioner of Customs may, if there is nothing adverse against such firm or company, as the case may be, grant a fresh licence of the category held by the applicant prior to the change in constitution. Provided that if the existing firm or company moves an application for such changes, then such firm or company may be allowed to carry on the business of Customs House Agent with the approval of the Commissioner of Customs till such time as a decision is taken on the fresh application of such firm or company. (2) Notwithstanding anything contained in sub-regulation (1), where a licence granted or renewed under these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egulation 9, 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 8 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 Deputy Commissioner of Customs or Assistant Commissioner of Customs, and no new person other than 'F', 'G' or 'H' card holders shall be allowed to work in the Customs Station as a duly authorised employee on behalf of that firm or company. 18. Maintenance and inspection of accounts. (1) A Customs House Agent 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 Customs House Agent. (2) A Customs House Agent 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall only be authorized to sign the declaration on the bills of entry, bills of export, bills of import, shipping bills and annexures thereof. (6) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, shall issue a photo-identity card to every person employed by a Customs House Agent, (i) in Form F in case he has passed the examination referred to in regulation 8; (ii) in Form G , in case he has passed the examination referred to in sub-regulation 3; (iii) in Form H , in case he has not passed the examination referred to in sub-regulation (3); 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 photo identity card in Form H shall not be withdrawn from an employee of a Customs House Agent even if he fails to pass the examination referred to in sub-regulation (3) even after four attempts. (8) The Customs House Agent shall exercise such supervision as may be necessary to ensure the proper c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id Deputy Commissioner of Customs or Assistant Commissioner of Customs. (2) The Commissioner of Customs may, on receipt of the written statement from the Customs House Agent, or where no such statement has been received within the time-limit specified in the notice referred to in sub-regulation (1), direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to inquire into the grounds which are not admitted by the Customs House Agent. (3) The Deputy Commissioner of Customs or Assistant 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 Customs House Agent, for the purpose of ascertaining the correct position. (4) The Customs 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 Deputy Commissioner of Customs or Assistant Commissioner of Customs declines to examine any p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company, as the case may be):- 2. Full address of the applicant. (in case of 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):- 3. In case the applicant is affirm or a company, the name(s) of its partner/partners or director/directors or duly authorized 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 qualification of each of the persons, who will actually be engaged in the work as Customs House Agent (including proof of working knowledge of computers):- 6. Particulars regarding knowledge of English, local language and Hindi (these particulars are required in respect of each of the persons actually engaged in the work as Customs 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 as Customs House Agent). 8. Whether the applicant had earlier applied for a licence to act as C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Customs; 3. transact business in the Customs Station either personally or through an employee duly approved by the Assistant or Deputy Commissioner of Customs, designated by the Commissioner of Customs; 4. in the event of the licence being lost, report the same immediately to the Commissioner of Customs; 5. ensure that he discharges his duties as Custom House Agent with utmost speed and efficiency and without avoidable delay. 6. comply with the obligations specified in regulation 13; and 7. this licence is be valid for a period of ten years from the date of issue and should be renewed from time to time in accordance with the procedure provided in sub-regulation (2). FORM - C [see regulation 9 (2)] Application Form for Grant of Custom House Agents Licence 1. Name of the Customs House Agent. (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. Details of licence issued under sub-regulation of regulation 9. 3. Full address of the Customs House Agent. (in case the applicant is a firm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 52 of 1962), and the said has agreed to enter into this bond as required by the Custom House Agent Licensing Regulations 2004 (thereafter referred to as the said Regulations). And whereas the said has deposited the sum of (rupees fifty thousand) only with the President of India as security for his faithful behavior and that of his clerks as regard the said Regulations. Now the condition of the above written bond is such that if the said . and his clerks do at all times, whilst holding, such licence as aforesaid, behave themselves in a faithful manner as regards the said Regulations and if the said . and their executors or administrators do at all times make good to the President of India all and every sums of money which being due to the Government shall be reason of the misfeasance or negligence of the said or of his clerks have not been paid to the President of India then the above written bond shall be void; otherwise the same shall be and remain in full force and virtue and it is hereby agreed and declared that the President of India may apply the said sum of Rs. 50,000/- (rupees fifty thousand) only deposited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hful and incorrupt manner as regards the Custom House Regulations and the officers, and if the said (A) and (B) . their executors, or administrators some or one of them do, and shall at all time make good to the President of India all and every sums of money which being due to the Government shall by reason of the misfeasance or negligence of the said .. (A) . have not been paid to the President of India then the above written bond shall be void; otherwise the same shall remain in full force and virtue. Signed, sealed and delivered by the above named in the presence of witnesses. Executed before me this of 200 1 . Signature of the Commissioner of Customs 2 ... (with seal) FORM - F [see regulation 8 and 19 (6) (i)] C.H.A. Licence No . Identity Card M/s./Sarvashri/Shri: Designation (Proprietor, Partner, Director, Employee): Issued at: Valid upto: Name o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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