23
rd
February, 2004.
Notification No. 21/2004 - Customs (N.T.)
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, twice 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).
(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/-.
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.
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, suspend the licence of a
Customs House Agent where an enquiry
against such agent is pending or
contemplated.
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
stating the grounds on which it is proposed to
suspend or revoke the licence and requiring
the said Customs House Agent to submit,
within such time as may be specified in the
notice, not being less than forty-five 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.
(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.
(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 sixty 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.
(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.
V. Kezo
Under Secretary to the Government of India
F.No 502/4/2004 -CUS-VI
Note: - The Principal Regulation was published in the Gazette of India Extraordinary, vide Notification No. 85-Customs (N.T.)
dated 19.03.1984 [G.S.R. 220 (E)], and were last amended vide Notification No. 29/99-Customs (N.T.) dated 11.05.1999
[G.S.R. 334 (E)].
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
M/s./Sarvashri/Shri:
Designation (Proprietor, Partner, Director, Employee):
Issued at:
Valid upto:
Name of the Customs House Agent:
Type of CHA (Proprietorship/firm/Pvt./Public Ltd./others)
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......................
Identity Card
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
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)
