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TMI Blog2013 (1) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... elating 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 in this behalf in accordance with regulations." 4. Section 146(2) of the said Act empowers the Board to make regulations for the purpose of carrying out the provisions of Section 146. Such regulations may provide for - (a) the authority by which a licence might be granted under this section and the period of validity of any such licence; (b) the form of the licence and the fee payable therefor; (c) the qualifications of persons who may apply for a licence and the qualifications of persons to be employed by a licensee to assist him in his work as an agent; (d) the restrictions and conditions including furnishing of security by the licensee subject to which a licence may be granted; (e) the circumstances in which a licence may be suspended or revoked; and (f) the appeals, if any, against an order of suspension or revocation of licence. 5. Sections 147 and 148 provide as follows ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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. 5. Application for licence. - (1) An application for a licence to act as a Customs 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 name and (b) the name of the partner or the duly authorized 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 authorized employee, who will actually be en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) .................. (3) .................. 9. Examination of the applicant. - (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 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. 5000/- 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 withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 or in the payment of duty for any reason attributable to such licensee 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-section (2) shall be Rs. 3000/-. 13. Licence not transferable. - Every licence granted or renewed under these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged in the clearance of goods or conveyance through the customs. (4) If the applicant is a company - (a) the name of each director, managing director, manager and (b) the names of director, managing director, manager of the duly authorized employee, who will actually be engaged in the clearance of goods or conveyances through the customs. 6. Conditions to be fulfilled by the applicant. - The applicant referred to in clause (b) of sub-regulations (2) and (3) of Regulation 5 as the case may be, or a person who has passed the examination referred to in Regulation 8, shall prove to the satisfaction of the Commissioner of Customs, that - (a) the applicant, or his authorized employee, is a graduate from a recognized University and possesses a professional degree viz. C.A./M.B.A./LL.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 Customs House Agent work as a G-Card holder, or a person who has passed the examination referr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... docks, knowledge of English shall not be compulsory. Knowledge of Hindi shall be considered as an additional or desirable qualification. (8) The holders of a licence under regulation 9 may authorize any one or more of their employees or partners or directors to appear for the examination referred to in sub-regulation (1) on behalf of such holders of licence, in addition to the person of their agency who has passed the examination referred to in sub-regulation (1). 9. Grant of licence. - (1) The Commissioner of Customs shall on payment of a fee of Rs. 5,000/- grant a licence in Form B to an applicant who has passed the examination referred to in Regulation 8. (2) The Customs House Agents who are granted licences under sub-regulation (1) shall be eligible to work in all Customs Stations within the country subject to intimation in Form C to the Commissioner of Customs of the concerned Customs Station where he intends to transact business. No separate licence shall be required in places where in addition to a Customs House handling imports by sea, there is also an international airport to handle imports by air, even if under the jurisdiction of a different Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nbelow : Regulation 9(3)(m) and 9(3)(o) of the 1984 Regulations provided as follows : "(m) drawback; (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;" Regulation 8(6)(m) and 8(6)(o) of the 2004 provide as follows : "(m) drawback and export promotion schemes; (o) the provisions of allied Acts including 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), Indian Explosives Act, 1884 (4 of 1884), 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), Dangerous Drugs Act, 1930 (2 of 1930) in so far as they are relevant to the cle ..... 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