CHA - Grant of Regular CHA Licence under Regulation 10(2) of the CHA (Licensing) Regulations - Customs - F. No. 502/40/93-Cus. IV

CHA - Grant of Regular CHA Licence under Regulation 10(2) of the CHA (Licensing) Regulations F. No. 502/40/93-Cus. IV Dated 20-7-1994 Government of India Ministry of Finance (Department of Revenue) New Delhi Subject : CHA - Grant of regular CHA Licence under Regulation 10(2) of the CHA (Licensing) Regulations. It is brought to the notice of the CHAs and all other concerned that following requirements are to be fulfilled by a licencee holding a regular licence, at one Customs station for grant of regular licence under Regulation 10(2) of the CHA Licensing Regulations, 1984 at an other station :- 2. In terms of the CHA Licensing Regulations, 1984, the sequence is that a person has to apply for temporary CHA licence after issue of Public Notice/Advertisement by the concerned Collector of Customs. On scrutiny of the applications if the applicant is found to be fulfilling the requirements specified under Regulation 6, a temporary licence is granted under Regulation 8 subject to the condition that such temporary licencee shall pass the examination prescribed under Regulation 9 within a period of two years from the date of grant of temporary licence availing a maximum of three chances. After the temporary licencee qualifies in Regulation 9 examination he is issued a regular licence in Form 'D' in terms of Regulation 10(1) of the Regulations. Regulation 20 provides that a licencee may, having regard to the volume of business transacted by him, employ one or more persons to assist him in his work as Customs House Agent. In terms of sub-regulation (3) of Regulation 20, such an employee is required to pass within six months from the date of appointment or such extended period as may be permitted by the Assistant Collector of Customs, examination to ascertain the adequacy of knowledge of such person regarding the provisions of the statute under which goods and baggage are cleared through customs. Sub-regulation (5) of Regulation 20 also provides that where the Customs House Agent has authorised any person employed by him to sign documents relating to business of such Agent on his behalf, he shall file with the Assistant Collector of Customs a written authority in this behalf and give prompt notice in writing, if such authorisation is modified or withdrawn. This sub-regulation does not specify the documents which can be signed by such authorised persons holding power of attorney from the licencee. Such authorised persons will be eligible to sign all documents on behalf of the licencee relating to business of such Agent, including bills of entry and shipping bills. There is no requirement under the Regulation that an employee has to pass Regulation 9 examination for being eligible to sign the bills of entry and shipping bills on behalf of the licencee. 3. It is clarified that in view of the above provisions, a regular licencee at one Customs Station shall be eligible to obtain a regular licence at any other Customs Station from the concerned Collector subject to his fulfilling the requirements specified under Regulation 10(2). There is no requirement under this Sub-regulation that an employee qualified under Regulation 9 should be available at branch office of the licencee where he intends to obtain regular licence under Regulation 10(2).