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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 77] NEW DELHI, MONDAY, MARCH 19, 1984/PHALGUNA 29,1905 Separate paging is given to this Part in order that it may be filed as a separate compilation

1574 Gl/83

(1)

1574GI/83—2

CENTRAL BOARD OF EXCISE & CUSTOMS

NOTIFICATION

New Delhi, the 19th March, 1984

No. 85 CUSTOMS|84

G.S.R. 220(E).—In exercise of powers confer- red by sub section (2) of Section 146 of the Cus- toms Act, 1962 (52 of 1962), the Central Board of Excise & Customs hereby makes the following regulations, namely :—

1. Short title and commencement:—(i) These regulations may be called the Customs House Agents Licensing Regulations, 1984.

(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);

(e) "Customs House Agent" means a person licensed under these regulations to act as agent for the transaction of any busi- ness relating to the entry or departure of conveyance or the import or export of goods at any customs station;

(d) "firm", "firm name", "partner" and

"partnership" have the meanings respec- tively assigned in the Indian Partnership Act, 1932 (9 of 1932), but the expres- sion "partner" shall also include any person, who being a minor has been admitted to the benefits of partnership;

(e) "form" means a form appended to these

regulations;

(f) "Section" means a Section of the Act.

(g) The expression "Collector and Customs Station", shall have the same meaning as in the Customs Act, 1962 (52 of 1962).

3. Licence where not required:—No licence

under these regulations shall be required by :—

(a) importer or exporter transacting any business at a Cuctoms Station solely on his own account;

(b) any employee of any person or a firm transacting business generally on behali of such person or firm; and

(c) an agent employed for one or more ves sels in order solely to enter or clear sucl vessels for work incidental to his emp- loyment as such agent.

4. Invitation of Application:—The Collector may invite applications for the grant of a licence to act as Custom House Agent in the month of Jan- uary 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 reciept of appli- cation. Such application shall be for clearance work within the jurisdiction of the said Collector.

5. Application for licence:—(1) An application for a licence to act as a Custom House Agent in a custom station shall be made in Form A and shall inter alia cntain 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 name, and

(b) the name of the partner or the duly authorised employee, who will actu- ally be engaged in the clearance of goods or conveyances through the cus- toms.

(3) if the applicant is a company —

(a) the name of each director, manager,

managing director and

(b) the names of director, manager or the duly authorised employee, who will actu- ally be engaged in the clearance , of goods or conveyances through the cus- toms.

6. Conditions to be fulfilled by the appli- cant:—The applicant or the person referred to in clause (b) of sub-regulations (2) and (3) of Regula- tion 5 as the case may be, shall prove to the satisfaction of the Collector that he;

(a) has the experience of work relating to clearance of goods through the customs for a period, of not less than one year; and

(b) the applicant has financial viability sup- ported by a certificate issued by a Sche- duled Bank or such other proof accep- table to the Collector evidencing pos- session of assets of the value of not less than Rs. 1 lakh in the case of appli- cants for the grant of licence in respect of any one of the Customs Stations at Bombay, Calcutta, Madras, Cochin, Kandla, Goa, Mangalore, Tuticorin or Visakhapatnam and not less than Rs. 50,000|- in the case of each of the other Customs Stations, situated at places other than those specified above.

Provided that in cases where a Collector's jursi- diction extends to more than one Customs Sta- tion the Collector may issue one licence for all the Stations or more than "one such Station, to be speci- fied in the licence, waiving the need for separate compliance of the provisions of clauses (a) and (b) above for such additional Customs Stations. The Collector may also waive the need for sepa- rate compliance of the requirement of Regulation 11 in such cases.

Provided further that in places where there is more than one Collector exercising jurisdiction over different Customs Stations and Customs House Agents licenced under the Customs House Agents Licencing-Regulations, 1965 have been operating in the said Customs Stations on the basis of one licence, it shall be open to such Agents to obtain a temporary licence under Regulation 8 from the Collector other tjian the one who has issued them the existing licence, without being required to comply with the requirements of regulation 6 in regard to financial viability or the requirements as to fresh deposit in terms of regulation 11.

7. Scrutiny of applications for Licence:—On receipt of application under regulation 5 the Col- lector may make enquiries for verification of the particulars set out in the appjication^nd also such other enquiries as he may deem necessary includ- ing enquiries about the reliability and financial status of the applicant. .

8. Grant of temporary licence;—(1) Any appli- cant whose application is received within the last date specified m regulation 4 and who statistics the requirements of regulations 5 and 6,, shall be permitted to operate rs Custom House Agent as the Customs Station for which the applications is made initially for the period of one year against temp- orary licence granted by the Collector in this re- gard in From B:

Provided that the evidence is produced to the Collector that the applicant has already availed of two changes for qualifying in 'the written or oral, examination prescribed in these regulation and' would like to avail of the third chance as soon as the next examination is held in terms of regula- tion 9 and that the applicant has been able to account for the minimum volume of work pres- cribed for such agents in the course of one year's working, the Collector may extend the aforesaid period of one year for which the temporary licence has been granted by another six months or such further period not exceeding one year to enable the applicant to avail of the third chance for qualifying m the examination in terms of regula- tion 9. While granting such extension the Collec- tor of Customs shall satisfy himself that the re- quirements of Regulation 10(1) fa) and 10(1) (b) had been fully met by the applicant.

9. Examination of the applicant.—(1) The hol- der of a temporary licence in the case of an indi- vidual and the person or persons who will be acually engaged in the work of clearance of goods through customs on behalf of the firm or company holding a temporary licence, as the case may be, shall be required to qualify in examination, at the earliest opportunity. Such person or persons shall be eligible to appear in the examination as soon as a temporary licence is granted and shall be permitted to avail of three chances within a period of 2 years from the date of issue of the tempor- ary licence on payment of prescribed examination fee of Rs. 250|- for each examination.

(2). The examination referred to in sub-regula- tion (i) shall include a written and oral examina- tion and will be conducted twice every year. Each applicant would be permitted to avail of a maxi- mum of three chances to qualify in the said exa- mination but all such chances should be availed of within a maximum period of 2 years from the date of grant of temporary licence.

(3) 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 ;

(hj examination of merchandise at the Cus-

toms Stations ;

(j) provisions of the Trade and Merchandise Marks Act, 1958 (43. of 1958) ;

(j) prohibitions on import and export ;

(k) bonding procedure and clearance from

bond ;

(I) re-importation and conditions for free

re-entry ;

(m) drawback ;

(n) officences under the Act ;

(o) the provisions of allied acts including Imports and Exports (Control) Act, 1947 (180 of 1947) Foreign Exchange Regulation Act, 1973 (46 of 1973), In- dian Explosives Act, 1884 (4 of 1884) Arms Act, 1959 (54 of 1959), Opium

Act, 1978 (1 of 1978), Drugs and Cos- tmetics Act, 1940 (23 of 1940), Destruc- tive Insects, and pests Act, 1914 (2 of 1914), Dangerous Drugs Act, 1930 (202 of 1930) in so far they are relevant to the clearance of goods thrugh Cus- toms.

Cp) procedure- in the matter of refund of duty paid, appeals and revision peti- tions under the Act.

(4) The Collector shall also satisfy himself whether the licence in Form B, if he is an indi- vidual , possesses, or in the case of a firm or company, the persons who will be actually en- gaged in the work relating to clearance of goods through customs on behalf of that firm or com- pany, possess satisfactory knowledge of English and the local language of the customs station:

Provided that in the case of person deputed to work exclusively in the docks, knowledge of Eng- lish will not be complusory. Knowledge of Hindi - will be considered as an additional or desirable

qualification.

10. Grant of regular licence.—(I) The Collec- tor shall, on receipt of an application in Form C, grant a regular licence in Form D on payment of fee of Rs. 500]- to such holder of a temporary¹ licence who qualifies in an examination referred to in regulation 9 and whose performance is found to be satisfactory with reference, inter- alia, to the following :—

(a) Quantity or value of cargo cleared by such licencee conforming to norms as may be prescribed by the Collector;

(b) absence of instances of delay either in the clearance of goods or in the pay- ment of duty for any reason attributable to such Ifcencee and any complaints of misconduct including non-compliance of any of the obligations specified in re- gulation 14.

(2) The Customs House Agents who are grant- ed regular licences under regulation 10, shall be eligible to work' in all Customs Stations subject to fulfilment of the following requirements :

and transport facilities at the place of clearance of goods and production of evidence relating to availability of suffi- cient clientele at his disposal;

(c) he shall also be required to enter into a separate bond in Form D for due obser- vations of these regulations and to fur- nish a separate Bank guarantee for each Custom Stations as stipulated under re- gulation 11;

(d) On fulfilment of the aforesaid conditions the Collector of the Cuctoms Station at which the Licencee intends to transact business shall grant a licence in Form D, authorising him to transact business at that Customs Station.

Provided that no separate licence would be required in place where m addition to a Customs House handling imports by Sea, there is also an Inter- national airport to handle imports by even if under the jurisdiction of a diffe- rent Collector,

(3) The Collector may reject an application for the grant of regular licence to act as Custom House Agent if the holder of the temporary licence fails to qualify in the examination in terms of Regulation 9, or the holder of temporary licence on evaluation of his performance in terms of Re- gulation 10 is not considered suitable due to any other reason to be stated in the orders passed by the Collector.

ferred to in sub-regulation (1), he may renew the same for a further period of three years.

(3) The fee for renewal of a licence under sub-

regulation (2) shall be Rs. 100]-.

13. 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.

14. Obligations of Custom House Agent.—A

Custom House Agent shall,

(a) obtain an authorisation from each of the companies,' firms or individuals by whom he is for the time being emp- loyed as Custom House Agent and produce such authorisation whenever required by an Assistant Collector of Customs.

(b) transact business in the customs station * either personally or through an emp- loyee duly approved by the Assistant Collector of Customs, designated by the Collector;

fa)-not represent a client before dn officer of Customs in any matter to which he, as 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 ihc Assistant Collector 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 with hold information relating to clearance of cargo or baggage issued by the Collector from a client who is en- tiled to such information;

(g) promptly pay over to the Government, when due, sums received for payment of any duty, tax or other debit or obliga- tions 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 Gov- ernmental or other charges payable in respect of the clearance of cargo or bag- gage on behalf of the client;

(h) not procure or attempt to procure direct- ly indirectly, information from the Gov- ernment records or other Gvernment sources of any kind to which access is not granted by 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 officer of any special inducement or promise of advantage or by the bestow- ing of any gift or favour or other ihing of value;

(j) not refuse access to, conceal, remove or destory the whole or any part of any book, paper or other record, relating to his transactions as a Custom House Agent which is sought or may be sought by the Collector.

(k) maintain records and accounts in such form and manner as may be directed from time to time by an Assistant Col- lector of Cuctoms and submit them for inspection to the said Assistant Collector of Customs or an officer authorised by him whenever required;

(1) ensure that' all documents prepared or presented by him or on his behalf are strictly in accordance with orders relat- ing thereto;

(m) 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 Custom House Agent, prominently at the top of such documents;

(n) in the event of the licence granted to him being lost, immediately report the fact to the Collector; and

(o) ensure that he discharges his duties as Custom House Agent with utmost* speed and efficiency and without avoidable delay.

(p) not charge for his services as Custom House Agent in excess of the rates ap- proved by the Collector from time to time under regulation 25.

15. Charge in directors of company, etc. In case a company holding a licence under regula- tion 10, undergoes any change in the directors, managing director or managers, such change shall be forthwith communicated by the such licensee to the Collector.

16. Change in constitut'on of a firm.—(1) In the case of any firm being a licensee any change in the constitution thereof shall be reported to ths Collector as early as possible and any such firm Indicating such change shall make a fresh appli- sation to the said Collector within thirty days for the grant of licence under regulation 5 or regula- tion 10 as the case may be. On scrutiny of such applications the Collector may grant to the firm a fresh licence of the category hold by the appli- cant prior to the change in the constitution, if there is nothing adverse against him.

Provided that the existing firm if it moves an application to that effect, may be allowed to carry on the business of Custom House Agent till such time as a decision is taken on the fresh application of the firm.

(2) Where a licence granted or renewed under these regulations in favour of a firm ceases to be in force because the death of a partner and the partnership deed provides that the firm will continue with the surviving partners, with or with- out the legal heir of the deceased who has been employed under regulation 20, a licence may be • granted to such firm, if there is nothing adverse

against the firm or its partners.

(3) When a firm to which a licence has been granted or renewed under "these regulations re- quests change in the constitution thereof for tak- ing as partner a person who has been employed under regulation 20 in the firm or concern for a period of not less than five years immediately pre- ceding the date of such request, such change may be approved by the Collector if there is nothing adverse against such person.

17. Change in the Constitution of a concern.— 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 persons his legal heir who has been assisting .in the work of clearance of goods through the Customs and emp- loyed as such under regulation 20 may be granted a licence if there is nothing adverse against him and'if he passes the examination under Regula- tion 9.

18. Change in personnel actually engaged in

Customs station on behalf of the firjn of company.-—• Any change in the personnel actually engaged in. the work in the customs station on behalf of that firm or company shall be communicated forthwith by the firm or the company, as the case may be, to the Assistant Collector of Customs and no new person shall be allowed to work in the Custom Sta- tion as a duly authorised employee on behalf of that firm or company unless he has passed the examination referred to in Regulation 9.

19. Maintenance and inspection of accounts.—

(1) A licensee required to maintain accounts under these regulations shall maintain such ac- counts :

(a) in an orderly and itemised manner and

keep them current;

(b) reflect all financial transactions as Cus-

t®m House Agent.

(2) He 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 pa- pers relating to his business as Custom House Agent.

(3) All records and accounts required to be maintained under these Regulations shall be pre- served for at least five years and shall be made available at any time for inspection of officers authorised to inspect such records and accounts.

*

20. Employment of persons.—(1) A licensee may, having regard to the volume of business transacted hy him, employ one or more per- sons to assist him in his work as Custom House Agent.

(2) Appointment of a person referred to in sub-regulation (1) shall be made only after obtain- ing the approval of the Assistant Collector of Ci>s- toms designated by the Collector for tin's 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) Appointment of a person referred to in sub-regulation (1) shall be subject to the condi- tion that he shall, within six months from the date of his appointment, pass an examination conduc- ted by the said Assistant Collector of Customs or by a committee of officers of Customs to be ap- pointed by him for the purpose, and the examina- tion shall be such as to ascertain the adequacy of knowledge of such person regarding the provision of the statutes subject to which goods and bag- gage are cleared through the Customs.

Provided that where any person fails to pass the examination within the period referred to in sub-regulation (3), the Assistant Collector of Cus- toms may, by order in writing, permit such person, to appear again for the examination, but no such order shall be made in favour of a person who had been given the opportunity to appear for the exa- mination four times.

(4) Notwithstanding anything contained in sub- regulation (3), a person who has worked under a Custom House Agent and passed the examination

referred to in sub regulation (3), may on his ap- pointment under any other Custom House Agent with the approval of the Assistant Collector of Cus- toms, be exempted from passing the examination again.

(5) Where the Custom House Agent has autho- rised any person employed by him to sign docu- ments relating to the business of such agent on his behalf, he shall file with the Assistant Collector of Customs, a written authority in hi*, behalf and give prompt notice in writing, if such authorisa- tion is modified or withdrawn.

(6) The Assistant Collector of Customs shall issue an identity card to every employee of a Cus- tom House Agent, —

(i) in Form G, in case he has passed the exa- mination referred to in sub-regulation (3),

t

(ii) in Foim FT, in case he ba^ not passed

such examination,

(iii) and every such person shall, at all times when he transacts the work at the Cus- toms station, carry such card with him and produce it for inspection on de- mand by any officer of the Customs sta- tion.

(7) The Custom House Agent shall exercise such supervision as may be necessaiy to ensure the proper conduct of any such employees in the transaction of business as agent and be held rer ponsible for all acts or omissions of his employees in regard to their employment.

21. Suspension or revocation of licence.—(1 ) regulation 23; suspend or revoke the licence of a Custom House Agent so far as the jurisdiction of the Collector is concerned and also order for foi- feiture of security on ,'ny of the following grounds :•—

(u) failure of the Customs House Agent to comply with any of the condiHons of the bond executed by him under regulation 11;

(b) failure of the Custom House Agent to com- ply with any of the ptovisions of these regulations whether within the jurisdiction of the said Col- Kctor or anywhere she-

(c) any misconduct on his part whether within the jurisdiction of the said Collector or anywhere else which in the opinion of the Collector j-udert, him unfit to transact any business in the customs station.

(2) Notwithstanding anything contained in sub- tcgulalion (V) the Collector may, in appropriate 1574 GT/8^—1

cases, where immediate action is necessary, sus- pend the licence of a Customs House Agent where an enquiry against such agent is pending or con- templated.

22. Prohibition.—Notwithstanding anything con- tained in regulation 21, the Collector may prohibit any Custom House Agent from working in one or more sections of the customs station, if he is satis- fied that such agent has not fulfilled his obligations as laid down under regulation 14 in relation to work in that section or sections.

23. Procedure for ^spending or revoking licence

under Regulation 21.—

(1) The Collector shall issue a notice in writing to the Custom House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said agent to submit with- in such time as may be specified in the notice not being less than forlytive da\s, to the Assistant Collector of Customs nominated by him, a written statement of defence and also to specify in the said statement whether th? Customs House Agent desires to be heard in person by Uie said Assistant Collector of Customs.

(2) On receipt of the written statement from the Customs House Agent, or where no such state- ment has been received within the time limit speci- fied in the notice referred to in sub-regulation (1), the Assistant Collector of Customs may inquire into such of the grounds, as are not admitted.

(3) The Assistant Collector of Customs shall, in the course of inquiry, consider such document- ary evidence and take such oral evidence as may be relevant or material to the inquiry in regard to the giuund rorming the b^ .; of the proceedings and ho may also put LUiy^question to any person tendering evidence, for or against the Customs House Ajenl, for the puiposc of ascertaining the correct position.

(A)' The Custoiv^ House Agent shall hi entitled to cross-examine the persons examined in support of the grounds forming the basis o! the proceed- ings and where the Assistant Collectoi of Customs declines to examine ;iny peison on the gro'mds th it his evidence is not relevant or material, 'he shell record hk reasons in writing for so doing.

(5) A' the exclusion of the aforesaid inquiry the Ass slant Collector of Customs shall prepare a report of the inquiry recording his findings.

(6) The Collector of Customs shall furnish to the Custom House Agent, a copy of the report of the Assistant Collector of Customs nnd shall re- quire the Customs House /Went to submit within the specified period not bein>r less than sixtv day.-, iny representation that he may wish to malt aga- inst the findings of tlu Asn.Uint ColVctir of Customs.

(7) The Collector shall, after considering the report of the inquiry, and the representation there- on, if any, made by the Custom House Agent pass such orders as he deems fit.

24. Grant of licence no right to accommoda- tion.—-The grant of a licence under these regula- tions does not confer any right to accommodation in a customs station.

25. Fixing of clearance charges.—(1) The Col- lector may from time to time and in consultation with the recognised Custom House Agents' Asso- ciation, if any, registered at a Customs Station, notify the rales that may be charged by -i Custom House Agent for his services rendered in relation to clearance of goods and conveyance through Customs. The Custom House Agent shall strictly conform to the rates so notified.

(2) Each Customs House Agent shall enrol him- self as a member of Custom House Agents Asso- ciation if there is one registered in [he customs station and recognised by the Collector of Customs.-

26. Repeal.—(1) The Customs House Agents

Licensing Regulations, 1%5 hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the Custom House Agents Licensing Regulations, 1965, shall be dee- med to have been done or taken under the corres- ponding provisions of these regulations.

[F. No. 502)8 ]83-Cus.VI]

R.S. SIDHU, Under Secy.

CENTRAL BOARD OF EXCISE & CUSTOMS

FORM 'X'

(See Regulation 5)

Application Form for grant of Custom House Agents Licence under Section 146 of the Custom Act, 1962.

Name of the applicant. (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 care may be).

2. Full address of the applicant. (Tn 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).

3. In case the applicant is a firm or a com- pany, the name(sj) of its partner| partners or directorjdirectois or duly authorised employees who will actually be engaged in the work as Custom House Agents.

'A. In case it is desired to appoint clerk (s)

the name and address of the clerk(s).

5. Educational qualifications of each of the persons, who will actually be engaged in the work as Custom House Agent.

6. Particulars regarding knowledge of Eng- lish 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).

7. Particulars regarding knowledge of Cus- toms Law and procedure. (These parti- culars are required in respect* of each of the persons actually engaged in the work as Custom House Agent).

8. Whether the applicant had earlier applied for a licence to act as a Custom 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 Agents Licence under these regulations and whether¹ it was cancelled or suspended.

10. Whether the applicant or any of the persons proposed t) be employed by him have been penalised, convicted or prose- cuted under any of the provisions of the Customs Act, 1962 or any other law for the time being in force.

11. Number and date of each of the docu- ments furnished in accordance with re- gulation 6.

I|We hereby affirm that I|We have read the Custom House Agents Licensing Regulations, 1984 and agree to abide by them.

Date. Signature of applicant(s)

FORM 'B'

(See Regulation 8)

Temporary Licence To Operate As A Customs House Agent

Shri|SarVashri

is] are hereby authorised to transact business as Customs House Agent at the Custom House. The licence will be valid for one year irom the date of its issue.

It is a. condition of this licence that in the case of a firm or a company, the Custom House work

shall be transacted through one of the following persons :—

Name of persons Specimen signature.

\ ^) '

~

—~ ~ ™

(O.\ , , .

(A\ „ _ _

w) —. - -

Customs Station. Signature of the

Date of issue. C illector of Customs.

Form C

(See Regulation 10)

(REGULAR LICENCE)

Application From For Grant Of Custom House Agents Licence Under Section 146 of The Cus- toms Act, 1962).

1. Name of the applicant. (In case the appli- cant 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. Full address of the applicant. (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).

3. In case the applicant is a linn or a com- pany, the name (s) of its partner|partners or director|directors or duly authorised employees who will actually be engaged in the work of ^Custom House Agents.

4. In case it is desired to appoint clerk (s) . the name and address of the clerk (s) as

the case may be.

5. Education qualifications of each of the persons, who will actually be engaged in the work as Custom House Agent.

the temporary, licence in accordance with the Regulation 10.

9. Whether the applicant had eailier applied for a licence to act as a Custom House Agent whether such application was re- jected. *

10. whether he or the firm or company by| whom he is employed have earlier held a Cuctom House Agents Licence under these regulations and whether it was cancelled or suspended.

11. Whether the applicant or any of the per- sons proposed to be employed by him have been penalised convicted or pro- secuted under any of the provisions of the Customs Act, 1962 or any thcr law for the time begin inforce.

12. Number and date of each of the docu- ments furnished in accordance with re- gulation 6.

11We hereby affirm that l|We have lead the Custom House Agents Licensing Regulation,

1984 and agree to abide by them.

Date.

Signature of appliccmtts)

1

2 _

FORM TJ'

(See Regulation 10)

Regular Licence To Act As Customs House Agent

ShrijSarvashri

is|are hereby authorised to transact business as Custom House Agent at any Customs Station. This licence will be valid for three years from the date of its issue.

It is a condition of this licence that in the case of a firm dr a company, the custom house work shall bet ansacted through one ol the following persons :—

Name of persons Specimen signature

] i

_____

6. Particulars regarding knowledge of Eng- lish and local language and Hindi (These particulars nre required in res- pect of each of the persons actually en- gaged in the work as Custom House Agent).

(2)

(3)

\*JJ *

7. Particulars regarding knowledge of Cus- toms law and procedure. (These parti- culars are required in respect of each of the persons actually in ihe work of Custom House Agent).

8. Particulars of the quantity cr value of cargo cleared during the currency of

_ • - - -

Customs Station Signature and seal of

Date of Issue. the Collector of Customs.

FORM 'E'

(See Regulation 11)

BOND

No. of 19 . know all men by these presents that we are held and firmly bound to the President of India in the sum of Rs. for payment whereof we hereby bind ourselvers, and each of us bind himself and each of our heirs executors and administrators firmly by these presents dated this day of in the year one thousand nine hundred and

Whereas the said has been autho- rised to act as a Custom House Agent under Sec- tion 146 of the Custom Act, 1962 (52 of 1962) and the said has agreed to enter into this bond as required by the Custom House Agent licensing Regulations, 1984 (hereafter referred to as the said Regulation).

And whereas the said has deposited the sum of Rs. wilii the President of President of India as security for his faithful be- haviour and that of his clerks as regards 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 be- have themselves in a faithful manner as regords . the said Regulations and if the said —and iheir 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 Govern- ment shall by reason of the misfeasance or negli- gence of the said———or of his clerks have not been paid to the President of India than the above w i t t in bond shall be volid; otherwise the same shall be and remain in full force and virtue and it is hereby agreed arid declared that the President of India may apply the said *\im of Rs. deposited as aforesaid in making gcod to the President of India all a'id every sums due to the Government: by reason of the misfeasance or neg- ligence of the s a i d— • •-— or his clerks os aforesaid.

And it is hereby agreed that the said som of Rs.——— .shall remain with the President of India for twelve calendar months after the 'date upon which the said— ——shall cease to act as a Custom Hous Agent LAJ security for the payment of any sums due to the Government by reason of any misfeasance or negliganc3 of the said or of his clearks which may not be discovered un- til after the said date and that this bond shall be and remain in full force and virtue untill the ex- piiation of the said term of twelve months. It is also agreed and declared 'Vat the President of India may apply the abov,- sum of R F .—— in making good wholly or in part any short collec- tion 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.

Signed, sealed and delivered b> the above

named in the presence of witnesses.

Accepted i'or and on behalt of the President of India.

1 .—

2.

,—.

Signature and Designation

of the Collectors of Customs.

FORM F¹

See Regulation 11)

SURETY BONL

No. of 19 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 (Rupees for payment whereof we hereby bind ourselves and each of us bind himself our and eoch of our heirs, executers and administra- tors firmly by these presents dated this day of in. the year one thousand nine hundred and

Whereas the said (A) has been authorised to act as a 'Cue-torn House \gent 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 tli3 above written bond is such that if the said " (A) doth at' all times whilst holding such authorisation as aforesaid behave hemself in a faithful and incor- rupt manner, are regards the- * Custom House Re- gulatiom and the officers, and if the caid

(A) and (B) , their executors or administrators some or one of th?m 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 the mis- feasance or negligence of the said (A) have not been paid to the President of India then the above written bond shall be volid; 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 19

1. Signature arid Designation of

u. ——-the Collector of Customs.

t

FORM 'G'

(Sec Regulation 20)

IDENTfT ARD

Shri - — c

having been registered in th :>oks of thif; office as a clerk of Shri[Sarvashri ——of having been authorised by [them to transact ,tom House on his] business at the their behalf, is hereby pern d to do so for a period of •—years witu cifect from 19—.—„ > or until the cancellation of the lic- ence issuer to his principal whichever is earlier. Specimen Signature of

Clerks .

Age

Customs Station-. (Photo to be supplied

— 19 by the Agent).

]574GX/83^3

FORM *H'

(See Regulation 20)

PROVISIONAL IDENTITY CUM AUTHORITY CARD

Shri —— • •• • of ~ _ — — h a v- ing been registered in the books of this office, pro- visionally as clerk|agent, of ShriJSarvashri •—- of — — — h a v i ng been authorised by him|thcm to transact business at the- — Cucloms Station on hisltheir behalf, is hereby per- mitted to oo so for a period from— t o —— . The renewal of this identity card or issue of a permanent identity card is sub-/ ject to his passing he examination specified under regulation 20 and the card shall terminate on the cancellation of the licence issued to his principal.

Specimen Signature of Clerks.

Agent. Custom Station

(Photo to be supplied

by the agent). 19

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