9911796707
TMI BlogCustoms House Agents Licensing Regulations, 2013X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1956 (1 of 1956); (c) "Customs Broker " 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) 'Schedule' means the schedule annexed to these regulations; (g) "section" means a section of the Act; and (h) 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 said Act. 3. Customs Brokers to be licensed. - No person shall carry on business as a Customs Broker 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 und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces having a minimum of five years experience in Group 'A' service; (h) the applicant has financial viability as evidenced by a certificate issued by a Scheduled Bank or such other proof acceptable to the Commissioner of Customs in terms of possession of assets of value of not less than five lakhs rupees: Provided that for the purpose of his satisfaction, the Commissioner of Customs may make enquiries as may be deemed fit. 6. Examination of the applicant.- (1) An applicant, who satisfies the requirements of regulation 5, shall be required to appear for a written as well as oral examination conducted by the DGICCE: Provided that an applicant who has already passed the examination referred to in regulation 9 of the Custom House Agents Licensing Regulation, 1984 1[or] regulation 8 of the Custom House Agents Licensing Regulation, 2004 shall not be required to appear for any further examination. (2) The written examination shall be conducted on specified dates in month of January of each year for which intimation shall be sent individually to applicants in advance before the date of examination and the result of the said examination shall be declared by end May each year. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Corruption Act , 1988 (49 of 1998); (p) procedure for appeal and revision applications under the Act; and (q) on line filing of electronic bills of entry and shipping bills vide the Indian Customs and Central Excise Electronic Commerce or Electronic data interchange gateway (ICEGATE) and Indian Customs Electronic data Interchange System (ICES). 2[(8)] The Commissioner of Customs shall satisfy himself that the individual applicant or in cases where applicant is a firm or company its partner or Director or authorised employees who may be engaged for handling the customs work shall possess satisfactory knowledge of English and the local language of the Customs Station: Provided that in case of a person deputed to work extensively in the docks, knowledge of English shall not be compulsory. Knowledge of Hindi shall be considered as desirable qualification. 7. Grant of licence. - (1) The Commissioner of Customs shall, on payment of fee of five thousand rupees grant licence in Form B to an applicant who has passed the oral examination within two months of the date of declaration of the said results. (2) The applicant who has been granted licence under sub- regulation (1) shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms Broker and produce such authorisation whenever required by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be; (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, as the case may be; (c) not represent a client in any matter to which the Customs Broker, as a former employee of the Central Board of Excise and 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, as the case may be; (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 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of Customs within one month of such change. 13. 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 7, 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: 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 Broker 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), in case of any firm or a company where a licence has ceased to be in force because of the death or retirement of any partn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than one such firm or company. (2) Any change in the persons qualified in the examination referred to in regulation 6 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, referred to in sub-regulation (7) of regulation 17, shall be allowed to work in the Customs Station as a duly authorised employee on behalf of that firm or company. 16. Inspection of accounts. - 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 for this purpose. 17. Employment of persons. - (1) A Customs Broker may, having regard to the volume of business transacted by him, employ any number of persons to assist him after verifying their antecedent and identity at the declared address by using reliable, independent, authentic documents, data or information: Provided that the min ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o identity card with him and produce it for inspection on demand by any officer of the Customs Station. (8) The photo identity card in Form H shall not be withdrawn from an employee of a Customs Broker even if he fails to pass the examination referred to in sub-regulation (3). (9) The Customs Broker shall exercise such supervision as may be necessary to ensure the proper conduct of his employees in the transaction of business and he shall be held responsible for all acts or omissions of his employees during their employment. 18. Revocation of licence or imposition of penalty. - The Commissioner of Customs may, subject to the provisions of regulation 20, revoke the licence of a Customs Broker and order for forfeiture of part or whole of security, or impose penalty not exceeding fifty thousand rupees on a Customs Broker on any of the following grounds, namely :-- (a) failure 7[***] to comply with any of the conditions of the bond executed by him under regulation 8; (b) failure to comply with any of the provisions of these regulations, within his jurisdiction or anywhere else; (c) committing any misconduct, whether within his jurisdiction or anywhere else which in the opinion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o inquire into the grounds which are not admitted by the Customs Broker. (3) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, 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 Broker, for the purpose of ascertaining the correct position. (4) The Customs Broker 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, as the case may be, shall prepare a report of the inquiry and after recording his findings thereon submit the report within a period of ninety days from the date of issue of a notice un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant :- 3. Names and address of each of the partners of the firm or the directors of the company, as the case may be, in case the applicant is a firm or a company :- 4. Name(s) of its partner/partners or director/directors who will actually be engaged in the work as Customs Broker, in case the applicant is a firm or a company:- 5. Educational qualification of each of the persons, who may be engaged as Customs Broker:- Declaration: a. I have working knowledge of English/ local language (…………….) /Hindi. b. I have not earlier applied for a licence to act as Customs Broker and no such application was rejected/accepted. c. The firm or company by whom the undersigned is employed have earlier held a Customs House Agent or Customs Broker's Licence under Customs House Licensing Regulation, 1984 or Customs House Licensing Regulation, 2004 or these regulations and it was cancelled or suspended/not cancelled or suspended. d. The undersigned / the person proposed to be employed by me have been/have not been penalised, convicted or prosecuted under any of the provisions of the Customs Act, 1962 (52 of 1962), the Central Excise Act 1944 (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his duties as Customs Broker with utmost speed and efficiency and without any delay. 6. comply with the obligations specified in regulation 11 of the Customs Brokers Licensing Regulations, 2013. (B). This licence 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) of regulation 9 of the Customs Brokers Licensing Regulations, 2013. FORM - C [see sub-regulation (2) of regulation 7] Intimation by Customs Broker to work at another Customs Station 1. Name of the Customs Broker:- 2. Full address of the Customs Broker:- 3. Customs Broker Licence No. and Custom House of issue:- 4. Name and address of each of the partners of the firm or the directors of the company, as the case may be, in case the applicant is a firm or a company :- 5. Name(s) of its partner/partners or director/directors who will actually be engaged in the work as Customs Brokers, in case the applicant is a firm or a company:- 6. Educational qualifications of each of the persons, who will actually be engaged in the work as Customs Broker:- I/We hereby affirm the I/we have read the Customs Bro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p;. or of his employees 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. 5,00,000/- (Rupees Five Lakh) 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 employees as aforesaid. said……………………………. or his employees as aforesaid. And it is hereby agreed that the said sum of Rs. 5,00,000/- (Rupees Five Lakh) only shall remain with the President of India for twelve calendar months after the date upon which the said……………………………. shall cease to act as Customs Broker as security for the payment of any sums due to the Government by any reason of any misfeasance or negligence of the said………………&helli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been authorised to act as a Customs Broker 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) ………………………. both at all times whilst holding such authorisation as aforesaid behave himself in a faithful and incorrupt manner as regards the Customs Brokers Licensing Regulations, 2013 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 sub-regulation (6) of regulation 17 of the Customs Brokers Licensing Regulations 2013. Specimen Signature of employees……………… Name of the Customs Broker ……………… Customs Station……………… Dated the…………… 20…. Signature of the Deputy Commissioner/Assistant Commissioner of Customs (With seal) (Photo to be supplied by the Customs Broker) FORM - H [see clause (iii) of sub-regulation (6) of regulation 17 ] Valid upto…………………. IDENTITY-CUM-AUTHORITY CARD Photo with signature and seal of Deputy/ Assistant Commissioner of Customs Shri …………… ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
