Customs House Agents Licensing (Amendment) Regulations, 1997 - 44/97 - Customs - Non Tariff

Customs House Agents Licensing (Amendment) Regulations, 1997 Notification No. 44/97-Cus. (N.T.) Dated 15-9-1997 In exercise of the powers conferred by sub-section (2) of section 146 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following regulations further to amend the Customs House Agents Licensing Regulations, 1984 (hereinafter referred to as the said Regulations), namely :- 1. (i) The Regulations may be called the Customs House Agents Licensing (Amendment) Regulations, 1997. (ii) They shall come into force on the date of their publication in the official Gazette. 2. In the said Regulations, for regulation 4, the following regulation shall be substituted, namely :- "4. Invitation of application. - The Commissioner 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". 3. In regulation 6 of the said Regulations, for clause (a) the following clause shall be substituted, namely :- "(a) the applicant is a graduate from a recognised University and is an employee of a licensee and that he possesses a permanent pass in Form G prescribed under regulation 20 and has the experience of work relating to clearance of goods through the Customs, for a period of not less than three years in the capacity of such a pass holder : Provided that the Commissioner may relax the possession of permanent pass in Form G to one year for reasons to be recorded in writing". 4. In sub-regulation (2) of regulation 8 of the said Regulations, for the words "the Central Board of Excise and Customs", the words "the Chief Commissioner of Customs or Chief Commissioner of Customs and Central Excise, as the case may be," shall be, substituted. 5. After sub-regulation (2) of regulation 8 of the said Regulations, the following sub-regulation shall be inserted, namely :- "(3) In case the number of applicants fulfilling the conditions prescribed under regulation 6 is more than the number of licences to be issued as assessed under regulation, the Commissioner may adopt seniority in experience as `G' pass holder of such applicants as the criterion to give precedence to the applicants : Provided that if more than one applicant has the same period of experience, the applicant who is older in age shall get precedence". 6. In regulation 9 of the said Regulations, after sub-regulation (5), the following sub-regulation shall be inserted, namely :- "(5) The holders of a regular licence under regulation 10 who are a proprietary concern or a partnership firm, may authorise one of their employees or partners to appear for the examination referred to in sub-regulation (1) on behalf of that concern of firm to work in that concern or firm as Customs House Agent in addition to the person of the concern or firm who has passed the examination referred to in sub-regulation (1) on the date of commencement of the Customs House Agents Licensing (Amendment) Regulation, 1997." 7. In sub-regulation (4) of regulation 10 of the said Regulation for the words "the Central Board of Excise Customs", the words "the Chief Commissioner of Customs or Chief Commissioner of Customs and Central Excise, as the case may be," shall be substituted. 8. After sub-regulation (4) of regulation 10 of the said Regulations the following sub-regulations shall be inserted, namely :- (5) The Chief Commissioner may, on his own motion or otherwise call for and examine the records of any proceedings in which the Commissioner has passed any 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 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 defence, if he so desires." (6) "No order shall be made under sub-regulation (5) or sub-regulation (2) of regulation 8 in relation to an order passed by Commissioner under sub-regulation (3) or sub-regulation (1) of regulation 8, as the case may be, after the expiry of one year from the date on which such order was passed by the Commissioner." 9. In the said Regulations, for regulation 16, the following regulation shall be substituted, namely :- "16. Change in constitution of any firm or a company. - (1) in the case of any firm or a company, being a licensee, any change in the constitution thereof shall be reported by the firm or the company, as the case may be, to the Commissioner as early as possible and any such firm or a company, indicating such change shall make a fresh application to the said Commissioner within thirty days for the grant of licence under regulation 5 or regulation 10, as the case may be. On scrutiny of such application the Commissioner may grant to the firm or a company, as the case may be, a fresh licence of the category held by the applicant prior to the change in constitution, if there is nothing adverse against him : Provided that the existing firm or a company, if it moves an application to that effect may be allowed to carry on the business of Customs House Agent till such time as a decision is taken on the fresh application of the firm or the company." 10. After proviso to sub-regulation (3) of regulation 20 of the said Regulations, the following proviso shall be inserted, namely :- "Provided further that a person referred to in sub-regulation (1) shall have passed the 10th standard of the Central Board of Secondary Education or its equivalent before his employment under that sub-regulation".