TMI BlogCustoms House Agents Licensing Regulations, 2013X X X X Extracts X X X X X X X X Extracts X X X X ..... y means a company as defined in the Companies Act, 1956 (1 of 1956) ; (c) Customs Broker 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) 'Schedule' means the schedule annexed to these regulations; (g) section means a section of the Act; and (h) 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 said Act. 3. Customs Brokers to be licensed. - No person shall carry on business as a Customs Broker 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 gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er from the Indian Customs and Central Excise Services having a minimum of five years experience in Group 'A' service; (h) the applicant has financial viability as evidenced by a certificate issued by a Scheduled Bank or such other proof acceptable to the Commissioner of Customs in terms of possession of assets of value of not less than five lakhs rupees: Provided that for the purpose of his satisfaction, the Commissioner of Customs may make enquiries as may be deemed fit. 6. Examination of the applicant.- (1) An applicant, who satisfies the requirements of regulation 5, shall be required to appear for a written as well as oral examination conducted by the DGICCE: Provided that an applicant who has already passed the examination referred to in regulation 9 of the Custom House Agents Licensing Regulation, 1984 1 [or] regulation 8 of the Custom House Agents Licensing Regulation, 2004 shall not be required to appear for any further examination. (2) The written examination shall be conducted on specified dates in month of January of each year for which intimation shall be sent individually to applicants in advance before the date of examination and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (No. 34 of 2006) in so far as they are relevant to clearance of goods through customs; (o) provisions of Prevention of Corruption Act , 1988 (49 of 1998); (p) procedure for appeal and revision applications under the Act; and (q) on line filing of electronic bills of entry and shipping bills vide the Indian Customs and Central Excise Electronic Commerce or Electronic data interchange gateway (ICEGATE) and Indian Customs Electronic data Interchange System (ICES). 2 [(8)] The Commissioner of Customs shall satisfy himself that the individual applicant or in cases where applicant is a firm or company its partner or Director or authorised employees who may be engaged for handling the customs work shall possess satisfactory knowledge of English and the local language of the Customs Station: Provided that in case of a person deputed to work extensively in the docks, knowledge of English shall not be compulsory. Knowledge of Hindi shall be considered as desirable qualification. 7. Grant of licence. (1) The Commissioner of Customs shall, on payment of fee of five thousand rupees grant licence in Form B to an applicant who has passed the oral examination within tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms Broker. - A Customs Broker shall - (a) obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as a Customs Broker and produce such authorisation whenever required by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be; (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, as the case may be; (c) not represent a client in any matter to which the Customs Broker, as a former employee of the Central Board of Excise and 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, as the case may be; (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 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny, etc. - In case a company holding a licence under regulation 7 undergoes any change in the directors, or managing director, such change shall forthwith be communicated by such licensee to the Commissioner of Customs within one month of such change. 13. 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 7, 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: 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 Broker with the approval of the Commissioner of Customs till such time as a decision is taken on the fresh applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n regulation 6 may engage himself in the work relating to the clearance of goods through customs on behalf of a firm or a company licenced under regulation 7, provided that at any given time he shall not 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 6 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, referred to in sub-regulation (7) of regulation 17, shall be allowed to work in the Customs Station as a duly authorised employee on behalf of that firm or company. 16. Inspection of accounts. - All records and accounts that are 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 for this purpose. 17. Employment of persons. - (1) A Customs Broker may, having regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 photo identity card with him and produce it for inspection on demand by any officer of the Customs Station. (8) The photo identity card in Form H shall not be withdrawn from an employee of a Customs Broker even if he fails to pass the examination referred to in sub-regulation (3). (9) The Customs Broker shall exercise such supervision as may be necessary to ensure the proper conduct of his employees in the transaction of business and he shall be held responsible for all acts or omissions of his employees during their employment. 18. Revocation of licence or imposition of penalty. - The Commissioner of Customs may, subject to the provisions of regulation 20, revoke the licence of a Customs Broker and order for forfeiture of part or whole of security, or impose penalty not exceeding fifty thousand rupees on a Customs Broker on any of the following grounds, namely : (a) failure 7 [***] to comply with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) The Commissioner of Customs may, on receipt of the written statement from the Customs Broker, 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, as the case may be, to inquire into the grounds which are not admitted by the Customs Broker. (3) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, 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 Broker, for the purpose of ascertaining the correct position. (4) The Customs Broker 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 person on the grounds that his evidence is not relevant or material, he shall record his rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a member of the Customs Brokers Association, if there is one registered in the Customs Station and recognised by the Commissioner of Customs. Form A [see sub-regulation (1) of regulation 4] Application Form for Grant of Customs Broker s Licence under section 146 of the Customs Act, 1962 1. Name of the applicant :- 2. Full address of the applicant :- 3. Names and address of each of the partners of the firm or the directors of the company, as the case may be, in case the applicant is a firm or a company :- 4. Name(s) of its partner/partners or director/directors who will actually be engaged in the work as Customs Broker, in case the applicant is a firm or a company:- 5. Educational qualification of each of the persons, who may be engaged as Customs Broker:- Declaration: a. I have working knowledge of English/ local language ( .) /Hindi. b. I have not earlier applied for a lice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner of Customs (with seal) Date of issue: Conditions of the License This license is issued subject to the following conditions: (A) The Licensee shall, - 1. not sell or transfer licence to any other person. 2. obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as Customs Broker and produce such authorisation whenever required by the Deputy Commissioner or Assistant Commissioner of Customs. 3. transact business in the Customs Station either personally or through an employee duly approved by the Deputy Commissioner or Assistant 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 Customs Broker with utmost speed and efficiency and without any delay. 6. comply with the obligations specified in regulation 11 of the Customs Brokers Licensing Regulations, 2013. (B). This licence shall be valid for a period of ten years from the date of issue and shall be renewed from time to time in accordance with the procedure provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 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 employees 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. 5,00,000/- (Rupees Five Lakh) only deposited as aforesaid in making good to the President of India all and every sums due to the Government by reason of the misfeasance or negligence of the said . or his employees as aforesaid. said . or his employees as aforesaid. And it is hereby agreed that the said sum of Rs. 5,00,000/- (Rupees Five Lakh) only shall remain with the President of India for twelve calendar months after the date upon which the said . shall cease to act as Customs Broker as security for the payment of any sums due to the Government by any reason of any misfeasance or negligence of the said . or his employees wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in in full force and virtue. Signed, sealed and delivered by the above named in the presence of witnesses. 1 . 2 ... Executed before me this of 20 Signature of the Commissioner of Customs (with seal) FORM F [see regulations 6 and clause (i) of sub-regulation (6) of regulation 17] Customs Broker Licence No .. Identity Card Photo with signature and seal of Deputy/ Assistant Commissioner of Customs M/s./Sarvashri/Shri: Designation (Proprietor, Partner, Director, Employee): Issued at: Valid upto: Name of the Customs Broker: Type of Customs Broker (Proprietorship/Firm/Pvt./Public Ltd./Others) Specimen signature of the Customs Broker: I .. have passed the examination conducted under regulation 6 of the Customs Brokers Licensing Regulations, 2013. Signature of the Deputy/Assistant Commissioner of Customs (With seal) (Photo to be supplied by the Customs Broker) FORM G [see clause (iii) of sub-regulation (6) of regulation 17] Valid upto . Identity Card Photo with signature and seal of Deput ..... X X X X Extracts X X X X X X X X Extracts X X X X
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