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TMI BlogCustoms House Agents Licensing Regulations, 2004X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 transac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouse 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 conduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 Stati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstruction 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 transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive 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 toassist 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 provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te: 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. 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 officer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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