Customs House Agents Licensing Regulations, 2004.
[Principal Notification No. 85-Customs (N.T.) dated 19.03.1984,
amended by
Notification No. 29/99-Customs (N.T.) dated
11.05.1999,
21/2004- Cus (NT), dated 23/02/2004, 99/2005
-Cus (NT), dated 07/11/2005 and corrigendum thereof
30/2010- Cus (NT), dated 08/04/2010, 105/2012- Cus(NT), dated
16/11/2012
19/2013-Cus(NT), dated 06/02/2013]
In exercise of the powers conferred by sub-section (2) of
section 146 of the Customs Act, 1962 (52 of 1962), and in
supersession of the Customs House Agents Licensing Regulations,
1984, except as respect things done or omitted to be done before
such supersession, the Central Board of Excise and Customs hereby
makes the following regulations, namely :-
1. Short title and commencement.-
(1) These regulations may be called the Customs House
Agents Licensing Regulations, 2004.
(2) They shall come into force on the date of their
publication in the Official Gazette.
2. Definitions.-
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) "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
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 holding
an identity card or a temporary pass issued by the Deputy
Commissioner of Customs or Assistant Commissioner of Customs.
(c) an agent employed for one or more vessels or aircrafts
in order solely to enter or clear such vessels or aircrafts for
work incidental to his employment as such agent.
4. Invitation of application.- The Commissioner
of Customs 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 of Customs.
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, 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, managing director, manager,
and
(b) the names of director, managing director, manager or
the duly authorised 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./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, including enquiries about the reliability and
financial status of the applicant.
8. Examination of the applicant.-
(1) Any applicant whose application is received within the
last date specified in the notice or publication, as the case may
be, referred to in regulation 4 and who satisfies the
requirements of regulations 5 and 6, shall be required to appear
for the written as well as oral examination conducted by the
Director General of Inspection at specified centers and specified
dates, once every year, for which intimation shall be sent
individually in advance before the date of examination.
Provided that an applicant who has already passed the
examination referred to in regulation 8 will not be required to
appear for any further examination.
(2) The applicants declared successful in written examination shall be called for oral examination.
(3) It shall be necessary for the applicant to clear
written as well as oral examinations separately. An applicant who
clears the written examination but fails in the oral examination
linked to it, shall have to clear the oral examination within two
years of the related written examination irrespective of the
number of chances, and if he fails do so, he shall be treated as
having failed in the examination.
(4) An applicant shall be allowed a maximum period of seven
years within which he shall pass both the written and oral
examinations. No further extension of time shall be granted.
(5) Notwithstanding anything contained in sub-regulation
(4), any person who holds a temporary licence granted under
regulation 8 of the Customs House Agents Licencing Regulations,
1984, shall be allowed to pass the examination within a period of
two years from the date of commencement of these regulations.
(6) 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), 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, 1988
(49 of 1988);
(p) procedure in the matter of refund of duty paid, appeals
and revision petitions under the Act.
(q) on-line filing of electronic shipping bills or bills of
entry and Indian Customs and Central Excise Electronic
Commerce/Electronic Data interchange Gateway (ICEGATE) and
Indian Customs Electronic Data Interchange Systems (ICES).
(7) The Commissioner of Customs shall also satisfy himself
whether the applicant, if he is an individual, possesses, or in
the case of a firm or company, the persons who shall 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 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 Commissioner of Customs.
(3) The Commissioner of Customs may reject an application
for the grant of licence to act as Customs House Agent if the
applicant is involved in fraud or forgery, or any criminal
proceedings are pending before any court of law against him or he
has been convicted in any 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 of one year from the date on which such order
was passed by the Commissioner of Customs.
10. Execution of bond and furnishing of
security.-
(1) Before granting a licence under regulation 9, the
Commissioner of Customs shall require the applicant to enter into
a bond in Form D and, if necessary, a surety bond in Form E 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 the Commissioner of Customs for an
amount of Rs. 50,000/- for carrying out of
business as a Customs House Agent.
(2) If the applicant furnishes postal security or National
Savings Certificate, the same shall be pledged in the name of the
Commissioner of Customs and the applicant shall get the benefit
of the interest accruing on it.
11. Period of validity of a licence.-
(1) A licence granted under regulation 9 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 in
sub-regulation (2).
Provided that licence granted to a Customs
House Agent, authorized under the Authorised Economic Operator
Programme, shall be valid till such time the authorization
granted to the Customs House Agent under the Authorised Economic
Operator Programme is valid.
(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 further
period of ten years from the date of expiration of the original
licence granted under regulation 9 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 specified by the Commissioner;
(b) absence of instances of any complaints of misconduct
including non-compliance of any of the obligations specified in
regulation 13.
(3) The fee for renewal of a licence sub-regulation (2)
shall be Rs. 5000/-.
Provided that there shall be no fee for
renewal of a licence under sub-regulation (2) in respect of the
Customs House Agents authorized under the Authorised Economic
Operator Programme.
12. Licence not transferable.-
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.
13. Obligations of Customs House Agent.- A
Customs 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
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, 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
the 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 Customs House Agent which is sought or may
be sought by the Commissioner of Customs;
(k) maintain records and accounts in such form and manner
as may be directed from time to time by a Deputy Commissioner of
Customs or Assistant Commissioner of Customs and submit them for
inspection to the said Deputy Commissioner of Customs or
Assistant Commissioner of Customs or an officer authorised by him
whenever required;
(l) 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 Customs House Agent, prominently at the top of such
documents;
(m) in the event of the licence granted to him being lost,
immediately report the fact to the Commissioner of Customs;
(n) ensure that he discharges his duties as Customs House
Agent with utmost speed and efficiency and without avoidable
delay.
(o) verify antecedent, correctness of Importer Exporter
Code (IEC) Number, identity of his client and functioning of his
client at the declared address by using reliable, independent,
authentic documents, data or information.
14. Change in directors of company, etc.- In
case a company holding a licence under regulation 9 undergoes any
change in the directors, or managing director, such change shall
forthwith be communicated by such licensee to the Commissioner of
Customs.
15. 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 regulations
in favour of a firm or a company has ceased to be in force
because of the death or retirement of the person referred to in
clause (b) of sub-regulations (2) and (3) of regulation 5, as the
case may be, the firm or the company may apply for replacement of
the name of the demised person by the name of a partner, director
or employee who has passed the examination referred to in
regulation 8 in accordance with sub-regulation (8) of regulation
8.
Provided that if there is no such person in the firm or
company, then such firm or company, as the case may be, may
authorize any other partner, director or employee who is a 'G'
card holder, to pass the examination referred to in regulation 8
within a period of two years from the date of the demise or
retirement of such person, and the firm or company may be
permitted to carry on the business of a Customs House Agent with
the approval of the Commissioner of Customs till such time such
partner, director or employee passes the said examination.
16. Change in the constitution of a concern.-
(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 licence in accordance
with these regulations, be permitted to act as Customs House
Agent through an employee duly qualified as per regulation 8,
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 is a major and a 'H'
card holder, may be permitted to work as a Customs House Agent
with the approval of the Commissioner of Customs, and such legal
heir shall be required to pass the examination referred to in
regulation 8 within a period of two years from the date of demise
of the original licensee.
17. Engagement of persons qualified in the
examination referred to in regulation 8, etc.-
(1) A person who has qualified in the examination referred
to in regulation 8 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 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 and other papers relating to his business as
Customs House Agent.
(3) 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 to inspect such records and
accounts.
19. Employment of persons.-
(1) A Customs House Agent may, having regard to the volume of
business transacted by him, employ any number of persons to
assist him. The minimum educational qualification of such persons
shall be 10+2, or equivalent
(2) Appointment of a person referred to in sub-regulation
(1) shall be made only after obtaining the approval of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs
designated by the Commissioner of Customs 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) The person referred to in sub-regulation (1) shall,
within four attempts from the date of his appointment, pass an
examination conducted by the said Deputy Commissioner of Customs
or Assistant 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 Act
subject to which goods and baggage are cleared through
customs.
(4) Notwithstanding anything contained in sub-regulation
(3), a person employed under a Customs House Agent and who has
passed the examination referred to sub-regulation (3) may, on his
appointment under any other Customs House Agent, with the
approval of the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, be exempted from passing of such
examination.
(5) Where the Customs 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 Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be, a written authority in this behalf and give
prompt notice in writing if such authorization is modified or
withdrawn, and the person who has passed the examination referred
to in regulation 8 or regulation 19 shall 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 conduct of any such
employees in the transaction of business as agents and be held
responsible for all acts or omissions of his employees in regard
to their employment.
20. Suspension or revocation of licence.-
(1) The Commissioner of Customs may, subject to the
provisions of regulation 22, revoke the licence of a Customs
House Agent and order for forfeiture of part or whole of
security, or only order forfeiture of part or whole of security,
on any of the following grounds, namely :-
(a) failure of the Customs House Agent to comply with any
of the conditions of the bond executed by him under regulation
10;
(b) failure of the Customs House Agent to comply with any
of the provisions of these regulations, within the jurisdiction
of the said Commissioner of Customs or anywhere else;
(c) any misconduct on his part, whether within the
jurisdiction of the said Commissioner of Customs or any where
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 of Customs may, in appropriate cases where
immediate action is necessary, within fifteen days from the date
of receipt of a report from investigating authority, suspend the
licence of a Customs House Agent where an enquiry against such
agent is pending or contemplated.
(3) Where a licence is suspended under sub-regulation (2),
notwithstanding the procedure specified under regulation 22, the
Commissioner of Customs may, within fifteen days from the date of
such suspension, give an opportunity of hearing to the Customs
House Agent whose licence is suspended and may pass such order as
he deems fit either revoking the suspension or continuing it, as
the case may be, within fifteen days from the date of hearing
granted to the Customs House Agent.
21. Prohibition.- Notwithstanding anything
contained in regulation 22, the Commissioner of Customs may
prohibit any Customs House Agent from working in one or more
sections of the Customs Station, if he is satisfied that such
Customs House Agent has not fulfilled his obligations as laid
down under regulation 13 in relation to work in that section or
sections.
22. Procedure for suspending or revoking licence
under Regulation 20.-
(1) The Commissioner of Customs shall issue a notice in
writing to the Customs House Agent within ninety days from the
date of receipt of offence report, stating the grounds on which
it is proposed to suspend or revoke the licence and requiring the
said Customs House Agent to submit within thirty days to the
Deputy Commissioner of Customs or Assistant Commissioner of
Customs nominated by him, a written statement of defense and also
to specify in the said statement whether the Customs House Agent
desires to be heard in person by the said Deputy Commissioner of
Customs or Assistant Commissioner of Customs.
Provided that the procedure prescribed in
regulation 22 shall not apply in respect of the provisions
contained in sub-regulation (2) to regulation 20.
(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 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 inquiry, the Deputy
Commissioner of Customs or Assistant Commissioner of Customs
shall prepare a report of the inquiry recording his findings and
submit his report within ninety days from the date of issue of a
notice under sub-regulation (1).
(6) The Commissioner of Customs shall furnish to the
Customs House Agent a copy of the report of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, and
shall require the Customs House Agent to submit, within the
specified period not being less than thirty days, any
representation that he may wish to make against the findings of
the Deputy Commissioner of Customs or Assistant Commissioner of
Customs.
(7) The Commissioner of Customs shall, after considering
the report of the inquiry and the representation thereon, if any,
made by the Customs House Agent, pass such orders as he deems fit
within ninety days from the date of submission of the report by
the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, under sub-regulation (5).
(8) Any Customs House Agent aggrieved by any decision or
order passed under regulation 20 or sub-regulation (7) of
regulation 22, may prefer an appeal under section 129A of the Act
to the Customs, Central Excise and Service Tax Appellate Tribunal
established under sub-section (1) of section 129 of the Act.
23. Grant of licence no right to accommodation.-
The grant of a licence under these regulations does not confer
any right to accommodation in a Customs Station.
24. Membership of associations:
(1) Each Customs House Agent shall enroll himself as a
member of the Customs House Agents' Association, if there is one
registered in the Customs Station and recognized by the
Commissioner of Customs.
REVISED FORMS FOR CHALR 2004
Form - A
[see regulation 5 (1)]
Application Form for Grant of Custom House
Agent's Licence under Section 146 of the Customs Act, 1962
1. Name of the applicant. (in case the applicant is a firm
or a company, the names 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 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 Customs 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 penalized, convicted or prosecuted
under any of the provisions of the Customs Act, 1962 (52 of 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 5.
I/We hereby affirm the I/we have read the Customs House
Agent's Licensing Regulations, 2004 and agree to abide by them.
Date:
Signature of applicant(s)
FORM - B
[see regulation 8]
Licence for Custom House Agent
Licence No.................
M/s./Sarvashri/Shri..........................................................................................................................
Address....................................................................................
is/are hereby authorized to transact business as Custom House
Agent all over India subject to the conditions laid down in this
licence.
It is the condition of this licence that in the case of firm or a
company, the Custom House Agent's work shall be transacted
through one of the following persons:-
Name
of
person(s)
Specimen Signature(s)
1.
_________________________ __________________________
2. _________________________
__________________________
3.
_________________________
__________________________
4. _________________________
__________________________
5. _________________________
__________________________
Customs Station of issue
Signature of the Commissioner of Customs
(with seal)
Date of Issue:
Conditions of the License
This license is issued
subject to the following conditions:
The Licensee shall -
1. not sell or otherwise transfer the 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
Custom House Agent and produce such authorisation whenever
required by an Assistant or Deputy Commissioner 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 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).
4. In case the Customs House Agent is a firm 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 of
the Custom House Agent.
5. In case it is desired to appoint clerk(s) the name and
address of the clerk(s) as the case may be.
6. Educational qualifications of each of the persons, who
will actually be engaged in the work as Custom House Agent.
7. 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).
8. 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).
9. Particulars of the quantity or value of cargo cleared as
Customs House Agent during the currency of the Customs House
Agent licence.
10. Whether the Customs House Agent Licence held under
these Regulations was cancelled or suspended.
11. Whether the applicant or any of the persons proposed to
be employed by him have been penalized. Convicted or prosecuted
under any of the provisions of the Customs Act, 1962 (52 of
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 5.
I/We hereby affirm that I/we have read the Custom House
Agents Licensing Regulations, 2004 and agree to abide by them.
Signature of applicant(s)
--------------------------------
--------------------------------
Date:.................................
FORM - D
[see regulation 10]
BOND
No............................................. of
.......................... 20......... Know all men by these
present that we are held and firmly bound to the President of
India in the sum of Rs.................... for payment whereof we
hereby bind ourselves, and each us bind himself and each of our
heirs, executors and administrators firmly by these presents
dated this ........................ day of .....................
in the year two thousand................
Whereas the said.................... has been authorized to act
as a Custom House Agent under Section 146 of the Customs Act,
1962 (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 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 clerks as
aforesaid.
And it is hereby agreed that the said sum of Rs. 50,000/- (rupees
fifty thousand) only shall remain with the President of India for
twelve calendar months after the date upon which the
said............... shall cease to act as Custom House Agent 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 clerks which may not be discovered until after the said
date and that this bond shall be and remain in full force and
virtue until the expiration of the said term of twelve
months. It is also agreed and declared that the President
of India may apply the above sum of Rs. 50,000/- (rupees fifty
thousand) only in making good wholly or in part any short
collection of duty or other charges in respect of any transaction
made by the said........................ on behalf of importers
or exporters in the event of such sums remaining unpaid, even
after issue of demands under section 28 of the Customs Act,
1962.
Signed, sealed and delivered by the above named in the presence
of witnesses.
Accepted for and on behalf of the President of
India
1. .........................
2. .........................
Signature of the Commissioner of Customs
(with seal)
FORM - E
[see regulation 10]
SURETY BOND
No........................ of ........................ 200.....
know all men by these presents that we
...................................
(A)..................................... and
......................... (B) ..................................
are held and firmly bound to the President of India in the sum of
Rs. 50,000/- (rupees fifty thousand) only for payment whereof we
hereby bind ourselves and each of us binds himself and each of
our heirs, executors and administrators firmly by these presents
dated this day.................. of ......................
in the year two thousand and.............
Whereas the
said......................................................................
(A) ................................. has been authorized to act
as a Custom House Agent under Section 146 of the Customs Act,
1962 (52 of 1962) and the said .................. (B)
.........................has agreed to enter into this bond as
required by rules made under the said section:
Now the condition of the above written bond is such that if the
said .........................................
(A).................................... doth at all times whilst
holding such authorization as aforesaid behave himself in a
faithful 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
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M/s./Sarvashri/Shri:
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Designation (Proprietor, Partner, Director, Employee):
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Issued at:
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Valid upto:
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Name of the Customs House Agent:
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Type of CHA (Proprietorship/firm/Pvt./Public
Ltd./others)
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Specimen signature of the Custom House Agent:
He has passed the
examination conducted under regulation 8 of the Customs House
Agents Licensing Regulations, 2004.
Signature of the Deputy/Assistant Commissioner of Customs
(With seal)
(Photo to be supplied by the Agent)
FORM - G
[see regulation 19 (6)
(ii)]
Valid upto......................
Shri.................................
of..................................... having been registered in
the books of this office as an authorized employee of
Shri/Sarvashri....................................
of............................................ having been
authorized by him/them to transact business at
the............................... Custom House on his/their
behalf is hereby permitted to do so for a period of .........
years with effect from..................... or until the
cancellation of the licence issued to his principal, whichever is
earlier.
He has passed the Examination conducted under Regulation 19 of
Customs House Agents Licensing Regulations 2004.
Specimen Signature of Clerks.................. Agent
................ Customs Station.
Dated the........................20
(Photo to be supplied
by the Agent)
Signature of the Deputy Commissioner/Assistant Commissioner of
Customs
(With seal)
FORM - H
[see regulation 19 (6) (iii)]
Valid upto......................
IDENTITY-CUM-AUTHORITY CARD
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Shri ............................ of
.............................having been registered in the books
of this office as Clerk of
Shri/Sarvashri/M/s...............................................
(C.H.A. Licence No... ...............), for assisting the Custom
House Agent or his authorized employee(s).
Specimen Signature of Clerks.................. Agent
................ Customs Station.
Dated the........................200
(Photo to be supplied
by the Agent)
Signature of the Deputy Commissioner/Assistant Commissioner of
Customs
(With seal)
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