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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. 200] NEW DELHI, WEDNESDAY, JUNE 6, 1984/JYAISTHA 16, 1906

Separate paging is given to this Part in order that it may be filed as a separate compilation

311 GI/84—1

(1)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I- SEC. 3(03

a

<* Itlt. L r A Z t l lt (Jt IJNU1A: LAI KAORDJJN ARY [PAin II-Sj_C. 3(0]

5

tf THE GAZETTE OF INDIA .-EXTRAORDINARY [PARrH-Sbc ( )]

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8 THE GAZETTE OF INDiA : EXTRAORDINARY IPART II—Src. 3(i)]

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10 T HE GAZETTE OF-INDIA : EXTRAORDINARY [PART II- SEC. 3jj)]

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12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SLC. 3(i)J

CENTRAL BOARD OF EXCISE & CUSTOMS

New Delhi the 19th March, 1984

NOTIFICATION

No. 85 CUSTOMSi 84

G.S.R. 437 ( E ) . - In exercise of powers conferred by sub-section (2) of section 146 of the Customs Act, 1962 (52 of 1962), the Central Board of Ex- cise and Customs hereby makes the following re- gulations, namely :—

1. Short title and commencement.—(1) These re- gulations 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 Cu&toms Act, 1962 (52

of 1962).

(b) "Company" means a company as defined in the Companies Act, 1956 (1 of 1956);

(c) "Custom House Agent" means a person licensed under these regulations to act an agent for the transaction of any business relating to the entry or departure ol con- veyance or the import or export of goods ' at any customs station;

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

) emulations;

(fj "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 iegnlntions shall be required by:—

(a) an import:r Oi' exporter transuding any business at a Customs Station solely on his OWB account;

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

(c) an agent employed for one or more vessels in order solely to enter or clear such ves- sels for work incidental to his employment 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 January every year by means of a notice affixed on the notice board (,[ each Customs Station ai well as through publication in at least two newspapers having circu- lation iri the area of his jurisdiction specifying there- in the last date of receipt of application Such appli- cation shall bcfoie clearance work vvitnin the juris- diction 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 contain 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 actually be engaged in the clearance ot goods or con- veyances through the customs.

(3) if the applicant is a company :—

(a) the name of each director, manager, man-

aging director, and

(b) "the names ot director, manage! or the duly authorised employee, who will actually be engaged in the clearance of goods or con- veyances through the customs. !

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

(b) the applicant has financial viability suppoit- ed by a certificate issued by a Scheduled Bank or such other proof acceptable to the Collector evidencing possession of assets of the value of not less than Rs, 1 lakh in the case of applicants for the grant of licence in respect of any one of the Cus- toms Stations at Bombay, Calcutta, Madras, Cocljin, Kandla, Goa, Maugalorc, Tuticnrin or Visakhupatnam and not lesa than Ps. 50,000|- in the case of each of the uiher Customs Stations, situated at places other tlii.cn those specified above :

Provided that in cases where a Collector's Jurisdic- tion extends to more than one Customs Station the Collector may issue one licence for all the Stations or more than one such Station to be specified in the licence, waiving the need for separate compliance of the provisions of clauses (a) and (b> above for buch additional Customs Stations. The Collector may also waive the need for scpaiaic compliance of the re- quirement 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 Custom House Agents licenced under the Custom 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 tempora- ry licence under Regulation 8 from the Collector other than 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 I I.

7. Scrutiny of applications for Licence :

On receipt of application under regulation 5 the Collector may make enquiries for verification of the particulars set out in the application and also such Dther enquiries as he may deem necessary includ- ing enquiries about the reliability and financial status of tho applicant,

P. Grant of temporary licence :

(1) Any applicant who^o application is received within the last date specified in regulation 4 and who satisfies the requirements of regulations 5 and 6, shall lie permitted to operate as Custom. House Agent as the Customs Station for whieh the applica- tion is made initially for the period of one year against temporary licence granted by the Collector in this regard in Form B ;

Provided that when evidence is produced to the Collector that the applicant has already availed of two chances 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 refutation 0 and that the applicant has been ablr to account for Hie mini- mum volume of w.Vic prescribed for such agents in

u

the course of one year's working, the Collector may extend Ihe 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 foi qualifying in the examination in terms of regulation 9. While granting such extension the Collector of Customs shall satisfy himself that the requirements of Regulations JU(l)(a) and 10(l)(b) had been fully met by the applicant.

9. Examination of the applicant :

(1) The holder of a temporary licence in the case of an individual and the person or persons who will be actually engaged in the work of clearance of goods through customs on behalf of the firm or com- pany holding a temporary licence, a s' 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 permitt- ed to avail of three chances within a period of 2 years from the date of issue of the temporary licence on payment of prescribed examination fee of Rs. 250 for each examination.

(2) The examination referred to in sub-regulation (i) shall include a written and oral examination and will be conducted twice every year. Each applicant would be permitted to avail of a maximum of three chances to qualify in the said examination but aJl 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;

Cd) 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;

fg) procedure for assessment and payment of

duty;

(h) examination of merchandise at the Cus-

toms Stations;

(i) 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;

0} re-importation and conditions for free re-

entry:

(n1 drawback;

fn) offences under the Act;

14 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI h—SEC.'?())]

(0) the provisions of allied acts including Im- ports and Exports (Control) Act, 1947 (180 of 1947), Foreign Hxcluinc; Regulation Act, 1973 (46 of 1973), Indian Explosives Act, 1884 (4 of 1884) Arms Act, 1959 (54 of 1959), Opium Act, 1978 (1 of 1978), Dru>*s uml Cosmetics Act, 1940 (23 of 1940), Destructive Insects, and Pests Act, 1914 (2 of 1914), Dangerous Drugs Act, 1930 (202 of 1930) in so far as they are relevant to the clearance of goods through Customs,

(p) Procedure in the matter of refund of duty

paid, appeals and revision petitions binder the Act.

(4) The Collector shall also satisfy himself whether the licencee in Form B, if he H an indivi- dual, possesses, or in the case of a firm or company, the persons who will 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 station :

Provided that in the case of persons deputed to work exclusively in the docks knowledge of English will not be compulsory. Knowledge of Hindi will be considered as an additional or desirable qualification.

10. Grant of regular licence :

(1) The Collector shall, oft receipt of an applica- tion m Form C, grant a regular licence in Form D on payment of a fee of Rs. 50Q|- to such holder of a temporary 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 licensee 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 payment of duty for any reason attributable to such licensee and any complaints of misconduct includ- ing non-compliance of any of the obliga- tions specified in regulation 14.

(2) The Custom House Agents who are granted regular licences under regulation 10, shall be eligible to work in all Customs Stations subject to fulfil- ment of the following requirements :

(a) the Licencee shall make an application to

the Collector of the concerned Customs • Station where he intends to transact busi- ness for purposes) of registering himself and ' his authorised staff;

(b) he fulfils the renditions stipulated in clause (b) of regulation 6 relating to financial soundness, and possesses the ability to pro- vide adequate warehousing and transport fficiliiies nt the place of clcnnmce of good? ond production of evidence relating to availability of sufficient clientele '.it his dis- posal;

(e) he shall also be required to enter into a separate bond in Form D for dub observa- tions of these regulations and to furnish a separate Bank guarantee for each Custom Stations as stipulated under regulation 11:

(d) On fulfilment of the aforesaid conditions the Collector of the Cuslomsi Station at which the Licencee intends to transact business shall grant a licence in Form D, authorising him to transact business at thai Customs Station. Provided that no scpa- tate licence would be required in place where in addition to a Custom House handling imports by Sea, there is also an Internal oral .'irpnu to handle imports by air even if under the jurisdiction of a different 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 tempniaiy 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 Regulation 10 is not considered suitable due to any other reason to be stated in the orders passed by the Collector.

11. Execution of bond and furnishing oi security

Before granting a temporary licence under regula- non 8 or a regular Ucence under regulation 10, the concerned Collector shall require the applicant to enter into a bond in Form F for due observation of these Regulations and shall require him to furnish a Bank GuaranteejPostal sccurity|National Savings Certificate in the name of Collector of Customs for an amount of Rs, 25,OOO|- for Customs Stations as mtnlioned in Regulation 6 and Rs. 10,000]- in the case of other Customs Stations. For transacting business at more than one Customs Station falling within the jurisdiction of different Collectors a sepa- rate bond accompanied by appropriate Bank Gua- rantee would be required to be executed. If the applicant furnishes postal security or National Sav- ings Certificate, the same shall be pledged in the name of Coll eel or and the individual shall get the benefit of interest accruing on it.

12. Period of validity of a regular licence. -(1) A licence granted under regulation 10 shall be valid ' for a period of three years.

(2) On an application made in this behalf to the Collector before the expiry of the period referred 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 jenewed under these regulations shall be deemed to have bren jjmnted or ivncwed in favour of the licensee and no lic"nce shall be sold or other- wise transferred.

14. Obligations of Customs House Agent: A

Custom House A^ent sh.ill,

14. Obligations of Custom House Agent :—A companies, firms or individuals by whom he is for the time being employed as Cust- tom House Agent and produce such autho- risation whenever required by an Assis- tant Collector of Customs;

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

(c) not represent a client before art officer of Customs in any matter to which he, as offi- cer of the Department of Customs gave personal consideration, or as t0 the facts of which he gained knowledge, while in Government service;

(d) advise his client to comply with the provi- sions of the Act and in case of non- compliance shall bring the matter to the notice ol the Assist/int Collector of Customs,

(c) exercise due dilig'nc; to ascertain the cor- rectness of any information which he im- part to a client with reference to any work related to clearance of cargo or baggage;

(f) not withhold information relating to clearance of cargo or baggage issued by the Collector 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 debit or obligations owing to ihe Government and promptly ac- co'nnt 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;

15

(k) maintain records and accounts in such foini and manner as may b<- directed troni time to time by an Assistant Collector of Cus- toms and submit them foi inspection to the said Assistant Collector of Customs or an officer authorised by him whenever IC- quired;

(1) ensure that all documents prepared or pre- sented by him or on his behalf are ptrictly in accordance with orders relating thereto;

(in) ensure that all documents, such as bills of entry and shipping bills, delivered in the customs station by him show the name of I he importer or exporter, as the case may be, and the name of the Custom House Agent prominently at the top of such docu- ments;

fn) 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 approv- ed by the Collector from time to time under regulation 25.

15. Change in directors of company etc.—In case a company holding a licence under regulation 10,1 undergoes any change in the directors, managing director or managers, such change shall be forthwith communicated by such licensee to the Collector.

16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11- SLC. 3(Y>]

Ikm 20 in the firm or concern for A period of not less than five years immediatly preceding the date ol such request, such change may be appro\ed by the Collector if there is nothing adverse against such person.

17. Change in the Constitution ot a concern :

Where a licence granted or renewed under these regulations in favour of a person hus ceased to be in force because of the death ol that person, his legal heir who has been assisting in the work of clearance of goods through the Customs and employed as such under regulation 20 may be granted a licence if there is nothing adverse against him and if he passes the examination under Regulation 9.

18. Change in personnel actually engaged in Cus-

toms stati6n on behalf of the firm or company.

Any change in the personnel actually engaged in the work in the customs station on behalf of that firm or company shall be commnnicited forthwiih by Ihe firm or the company as the case may be, to the Assistant Collector of Customs and no new per- son shall be allowed to work in the Customs Station 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 inquired to maintan accounts under these regulations shall maintain such accounts—

(a) in an orderly and itemised manner and keep

them current; '

(b) leflect all financial transactions as Custom

House Agent.

(2) He shall keep and maintain on file a copytrf

each of the documents, such as, bill of entry, shipp- ing bill, transhipment application, etc. and copies of all his correspondence and other papers, relating to his business as Custom House Agent.

(3) All records and accounts required to be main- tained under these Regulations shall be preserved 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.—(I) A licencee may, having regard to the volume of business transacted by him, employ one or more persons- to a'sist him In his work as Custom House Agent.

(2) Appointment of a person referred to in sub- regulation (I) shall be made only after obtaining the approval of the Assistant Collector of Customs designated b> the Collector for this purpose and in the matter of granting approval, be shall take into consideration the antecedents and any other infor- mation pertaining to the character of such person.

(3) Appointment of a person referred to in sub- lcguluiiou {[) shall be subject to the condition that he sh.il], within six months from the date of his appointment, pass an examination conducted by the said Assisfjnt Collector of Customs or by a com- mittee 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 provisions- of the statutes sub- ject to which goods and baggage are cleared through the Custom''.

Provided that where any person fails to pass the examination \\ithm tile period referred to in sub- rrgulation (3), the Assistant Collector of Customs may, by order in wriiing, permit such person, to appeal agai'i for the examination, but no such older shall be rrade in favour of a person who had been given the opportunity to appear for the examination four limes,

(4) Notwithstanding anything contained in sub- regulation (?), a person who has worked under a Custom House Agent and passjed the examination re- ferred to in sub-regulation (3), may, on his appoint- ment under any other Custom House Agent with the appro\al of the Assistant Collector ol Customs, be exempted from passn'ng the examination again

(5) where the Custom House Agent has autho- rised any person employed by him to sign docu- ments' ielating to the 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 wiiting, i,' such authorisation is modified or withdrawn.

(6) The Assistant Collector of Custome shall issue an identity card to every employee of a Custom House Agent;—

(i) in lorm G, in case he has passed the exa-

mination referred to in sub-regula'tioii (3);

(ii) in Form H, in case he has not passed such

examination:

Ciii) ar.d every such person shall, at all times' when he transacts the work ai the Customs station, carry such card with him and pro- duce it for inspection on demand by any officer of the Customs station.

(7) The Custom House Agent shall exercise such supervision as may be necessary to ensure the pro- per conduct nf onv such employee in the transac- tion of business as agent and be held responsible for all acts oi omissions of his employee? in regard to their employment.

21. Suspension or revocation of licence :—(1) The Collecloi may, subject to the provisions of re- gulation 23, suspend or revoke the licence of a Cus- tom Hou^e Agent so far as the jurisdiction of the Collector is concerned and also ord;r for forefeiture

17

ol We liny on any -ot the following grounds :—

(5) At the conclusion of the aforesaid inquiry the Assistant Collector of Customs shall prepare a re- port or the inquiry recording his tin J ings.

(a) lailure of the Customs House Agent to comply with any of the conditions of the r orci executed by him under regulation 11;

(hi k-i'urj of the "C'.1stom House Agent to i-oinp!-- v •".•-, an> <_:f 'he provisions of these .•egula^ons. whether within the jurisdiction

•'"' ih: :,aid Collector or •lnywhere p1se-

(6) ! he Collector of Customs .-.hall tarnish to the Custom House Agent a copy of the report oi the A^isUm! r'clector of Customs <\v 1 shuli require the Customs House Agent to submit vv^hin t-ic specified period no* KyV,g less '.nan -,r'." '_;:xv- an\ represcii'u- ;'p"i L'na he

C . ' L - . - S. v ' - - e r .v ' ' • r . r a e d i ' i te a c t i on is n e c e s s a r y, s u s p e nd

t ' - -- 1 ' c e n ce o "" y C ' J J ' A V 'S ' • • : u se A s v ; iu ' v h c , "; an e r-

311 GI/S4—?

IS THE GAZETTE O> INDIA : EXTRAORDINARY [PART II-.SEC. 2(i)]

2. full address of the applicant. (In case the ap-

plicant is Li firm or a company the lull address of each of the partneis of the firm or the directors of the company JS the case may be).

3. In cast- the applicant is a firm or a company, the name(s) of its partencr[partners or director] directors or duly authorised, employees who will actu- ally be engaged in the work as Custom House Agents.

4. In case it is desired to appoint clerk (s) the

name and address of the elerk(s).

5. Educational qualifications ot each of the per- sons, who will actually be engaged in the work as Custom House AgCnt.

6. Particulars regarding knowledge of English and locaL language and Hindi. (These particulars are re- quired in respect of each of the persons actually engaged in the work as Custom House Agent).

7. Particular regarding knowledge of Customs Law and Procedure. (Thesr particulars are required in respect vf each of the persons actually engaged in the work as1 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 f icencc under these regulations and whether if was cancelled or suspended.

10. Whether t!ie applicant or any of the permit proposed to be employed by him have been penalis- ed, convicted or prusf:':iitecl under any of the pro- visions of the Customs Act, 1962 or any other law for the time being in force

11. Number and date of each of the documents

furnished in accordance with regulation 6.

TlWe hereby affirm that llWc have read the Cus- tom House Agen's 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 Custom House Agent at the Custom House. This licence will be valid for one year from the date of its issue.

It is a condition of this licence ihat in the rase of a firm or a company, the Custom House work shall be transacted through one of the following persons:-—

Name of persons Specimen signature

(t) (2) (3)

(4)

(5) Customs Station. Date of issue.

Signature of the Collector of Customs

FORM—C

(See Regulation 10)

(REGULAR LICENCE)

APPLICATION FORM FOR GRANT OF CUS- TOM HOUSE AGENTS LICENCE UNDER SEC- TION 146 OF THF. CUSTOM ACT, 1962

1. Name of the applicant. (In case the applicant is a firm or a company, the name of each of the partners of the film or the directors of t^e company as the case may be).

2. F ill 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 cas-e may be).

3 In case the applicant is a firm or a compunv, the namc(s') of its partnerIpartners or director| , directors or duly airhorised employees who will ac- tually be engaged in the work of Custom House Agents.

4. In case it is desired to appoint clerkfs) Ihe name

and address of the clerk (s) as the case may be.

5. Educational qualifications of: each of the per- sons, who will aclualK be engaged in the work as CusLom House Agent.

6. Particulars regarding knowledge of English and local language and Hindi. (These particulars are re- quired in respect of each of the peisons actually eng- aged in the work as Custom House Agent).

7. Particulars regarding knowledge of Customs law and procedure. (These particulars are required in respect of each of,the persons actually engaged in the work of Custom House Agent),

8. Particulars of the quantity or value of cargo cleared during the currency of the temporary licence in accordance with the Regulatibn 10.

9. Whether the applicant had earlier applied for a licence to act as a Custom House Agent whether such application was rejected.

10. Whether he or the firm or company by whom he is employed have earlier held a Custom Huuse Agents Licence iindev these regulations and whether it was cancelled or suspended.

11. Whether

J2. Number ind di'tc of each of I he documents

furnished in accordance with regulation 6.

I|We hereby affirm that T[We have read the Cus- tom House Agents Licensing Regulation, 1984 and ajjrtv to abide by them.

Signature nf applicants)

i ^ _^ ^ . _

Bat*

FORM—D

fSee Regulation 11)

REGULAR LICENCE TO ACT AS CUSTOMS HOUSE AGENT

Shri|Sarva?liri • ~— • Is] are

hereby authorised to transact business as Customs House Agent at any Customs Station. This licence \*H! be valid l'oi- tlnce \eari ivom the date of its issue.

Tl is a condition of this licence that in the case of a firm' or a company, the custom house work shall be transacted thiqugh one ot the following persons : —

Name of person^ Specimen signalL'it

-i

, _ ^ _ _ _ _ _ __

Customs Station

Date o'i Ib.suc,

Signature and seal of the Colle;t')r of Customs

FORM—H

{See Regulation 11)

BOND

No. of 19

know all man by these presents that we are held and Innily bound to the President of India in the sum of Ri — —— for payment whereof we hereby bind ourselves, and each of us bind himself and each of our heirs executors and administrators firmly by these presents dated this- day of- — - in the w?.r one 'hnusand nine hundred and

19

Wdereai the said- — has bet* authorised to act as a Customs House Agent under Section 146 of the Customs Act, 1l>62 (52 of 1962) and the said—— —has agreed to enter into this bond as required by the Customs House Agent licens- ing Regulations, 19X4 (ncreinaftei icferred to as the; said Regulation).

And whereas the said has deposited the sum t>l Rs.— -with the Piesident of India as security for his faithful behaviour and thai ot his cl'.'iks as regards the said Regulations. '

Now the condition of the above written bond is such that i[ the ^ai

And it is hereby agreed that the said sum nr Rr -- — —shall remain wirh the President "f India for twelve calendar months after the date upon which nit said— —shall cease to act as a Custom House Agent as security for the_ payment of any sums diu to the Government by reason of any misfeasance or negligence of the said- •———or of his clerks which may not be discovered until afler ihr si id date and that this bond shall be and remain in full force and virtue until the expiration of the said term of twelve months. It is also agreed and declared (hat the President of India may apply the above sum of Rs.,- in malring good wholly or in part any short collection of duty or other charges in respect of any transaction made by the said on be- half of importers or exporters in the event of such sums remaining unpaid, even after issue of demands under section 28 of the Customs Aci.

Signed, sealed and delivered by the above mimed

in the presence of witnesses.

Accepted for and on behalf of the President ?f India.

I _____ _ _ __ 2 _

Signature and Designation of the Collector of Customs.

2) THE GAZETTE OF INDIA : EXTRAORDINARY [PART Il-SbC 3(0]

FORM—F

(See Regulation 11)

SURETY BOND

No. of 19

bio'v LIII men by these presents that we (A)

(B) are held and

for payment who > of WL' fii ii-.iy bound to the President ol India in the sum of P^ipixs hereby hind ourselves and each of as bind himseJt our and eauh o_ out heirs, executors and administia- torc lirmly by tlv.se presents cldti'Q the day of in the ycat one thousand nine hundred and

\vhjreas the said (A) has been mthorised tci act us a Custom House Agent un- der Section 146 of the Customs Act, 1962 (52 of J'< >2) and the said (B) has agnxii to enter into On, bond as •-quired rules made under tbt s:tid section;

Now the condition ut the abov: written bond is bvzh i hat il' the said (A) doth, at ;'!l tiroes whilst holding such authorisation as aforesaid betuu c himself m a laithful and incorrupt manner as regards tlu Custom Houc^ Regulations and liie .iliicers, md if the said (A) ,wd .their executors or admi- (8) nistr.iiois some or one of them do, and shall at all lime makt good to the President of Tndia all and c\ei\ -urns of money which being due to the Govern- mttM shii! b\ reason oi the ini'-feasanec or negli- gence ot the said (A") have not been paid hi the President of India then the above wriuen bond shall be void; otherwise the same shall remain in lull torcc and virtue;

Signed, sealed and delivered by the above named

in the presence ol witnesse.

U- —

2 —... „ ^ __

Rxecuk-d bdore nit. this ol 19'

Signature and Designation uf the Collector ot Customs.

FORM—G

(See Regulation 20)

1DFN I11Y CARD

Shri . OL &

huvinr h_en registered in the books of this office as a clerk o! Shrij Saivashri — — of — . _—_^ having been authorised by hhn| them to transact bu-m^s ai iiie Lrstom House on hisjtheir behalf, is hereby permitted to do so fiv. .i period of—• yeais with effect fiom— {9- , or until the canrjellar Lion ot 'he licence issued'to his principal whichever is earlier. Specimen Si°;nafui; of

C l e r k s —,

Age.-1 •—•———-—

Customs Station

19

(Photo to he supplied

by the Agent)

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1 9 84


  1. have the meanings respectively assigned in the Indian Partnership Act, 1932 (9 of 1932), bin the expression "partner" shall also include any person, who being a minor has been admitted to the benefits of partnership; fa) has the experience of work relating to' clearance of goods through the customs for a period of not less than one year; and ↩
  2. licensee any change in the constitution therestf shall be reported to the Collec- for as earlv as possible and any such firm indicating such change shall make fresh application to the said Collector within thirl v days for the grant of licence under regulation 5 or regulation 10 as the case may be. On scrutiny of such applications the Collector may grant to the firm a fresh licence of the category held by the applicant prior to the change in the con- stitution, if there is nothing adverse against him: (h) not procure or attempt to procure directly indirectly, information from the Govern- ment records o- other Government sources of any kind to which access is not granted by proper officer; Provided that the exiting firm if it moves an ap- plication to that effect, mav he 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. (i) Not attempt *o influence the conduct of any official of the Customs station in any matter pending before such official or his subordinates by the us? of threat, false accusation, duress or the officer of any spe- cial inducement or promise of advantage or by the bestowing of any gift or favour or other thing of value; (2) Where a licence granted or iencwtd under these regulations in favour of a firm ceases to be in force because of the death of a partner and the partnership deed provides that the firm will continue with the surviving partners, with or without the legal heir of the deceased who has bejn employed under regulation 20, a licence may be granted to such firm,' if there is nothing adverse against the firm ' or its partners. (j) not refuse occ^s lo conceal, remove or destroy the whole or any part of any book, paper or other record, relating to his tran- sactions as a Custom House Ajrent which is fought or may be sought by the Collec- tor. (?) When, a firm to which a licence has been granted or renewed under ihesg regulations requests change ^n the constitution thereof for taking as part- ner a person who has been employed under rcevla- ↩
  3. " of the >ai.iiv Visioe^s in (he customs station. (7) I he Coliejjt--r sV'U, >>fjcr con:,: 'jrim: the re- no n of fn^ ir.quiiv, me Vr-<: rerreseri'iition ihirreon, if any, rnat't. bv the Custom Ho :se Ajent pass such orders as he c'.^n;:- fit. :'2> Nci-A'.li^'aiiuru :<:iy(h;i\7 co.haired i'i vab- 24. Gran! of rcepee •-,•; r:.-hi -a aovomiv.r.dation • fc.;uk;lion t 1 j. fhe Collector ma;', in appropriate qtirv r'!"in:.i; sue'' neerit is pending or ;ontempi ited. The g; zi O'~ a licence under these regulations •iocs no' cwrrei anv right io accommodation in a •;-uSiorris '.tatioi 25. 'Fixing of clearance charges 22. Prohibit i c. • No.withs andiiii: anyihin-.r c/w- t;!:er T. r.-r. ''!fio .11, the Collector ma\ pr^/nibit ?,-,V'- Cu:;'o;r.s l!ouse Ageni from wo.'k'n'j in one or m Te section,- .if f\-c CJ>' ^v.is station, if he is satisfied tha'. such agent has not '"ulfi'Ied his obligations as laid do'-vn un "• : :>:• n^iion !4 in relation to work ." th-it section • >; sec ions. 23. Procedure for suspending or revoking licence u-d-r r-cuL'ior. 21 ! 1) The Collector may from time to time and in consultation vith the recognised Custo.n House AsTius .\sbc^,.iv\-'\ if 'i."-\. r--\-is;ered at ^ Customs Slaiion. notify the rates that may be chargedfcva Costoiii House Agent for his services rendered in je- laficr. to clearance of goods and conveyance through Customs. The C-'M.-n "-fo'^." Aeent slia'>i strictly con- TOfm to the ra!os so notified. (2) No! ,vii"!is!".:sJin« sue hi..pcj">i uiiy.i n;, done «>r se'-f as a mcii.ber of the C^htom House Agents Asso- ci-' '<.--(. i; mere is '-"•; '••gl^erec ia th; custom-, station u.-'j iecognL-ed bv the Collector of Customs. 20. Repea! ; (1) The Customs House Agents Licensing Regula- tions. 1965 arc hereby repealed. .(1) I've Collector shall issue a notice m writing t.i she f" ::.iom Mouse Agent totting the grounds on "( i r: i. •" '• :\V''"os ''• to susp.nd or r:voice 'he lit.', no T"'.! ie'jii;ri r- cne said .iS '-'! io .^ubnii within Si-fh 1 • r« ; <'s may be specified in the notice not being k<-. than fnr'yrlve days, ^o the Ass<-".tai)t Collector of C"iioms nominated by him. a wriiien statement of defence and also to specify in the said statement whetht i: the Customs House Agent desires to be hem'd in person by the said Assistant Collector of C-.'sroms. (2) Noi.witbstu.rHng su:jh repeal rmythin;: done or any action taken under the Cust.'in"House Agents Licensing Regulations, 1965, shall be deemed to have been cione or taken under the corresponding provi- sions of these regulations. (2) On ieceipt of trie written .statement i'rom the C'MSIOO.IS House Agent, or where no such statement hn:-, been received within the time limit specified in| th; notice referred to in sub-regulation (1), the Assis- tant Collector of Customs may inquire into such of the grounds as are not admitted. |F. No. 5G2|8;S3-Cus. VI] R. S. S1DHU, Under Secy. Central Board of Excise & Customs FORM— 'A* (See Regulation 5) (3) The Assistant Collector of Customs shall, in the course of inquiry, consider such documentary evidence and take such oral evidence as may be re- levant or material to the inquiry in regard to the grounds forming the basis of the proceedings and he tna\ a'so put any question to any person tendering evidence, for or against the Customs House Agent, for the purpose of ascertaining the correct position. APPLICATION FORM FOR GRANT OF CUS- TOM HOUSE AGENTS' LICENCE UNDER SEC- TION 146 OF THE CUSTOMS 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 case mav be). (4) The Customs House Agent shall be entitled to cross-examine the persons examined in support of the grounds forming the basis of the proceedings and where the Assistant Collector of Customs declines to examine any person on the grounds that his evidence is not isfevant or material, he shall record his rea- sons in writing for so doing. ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 06 June 1984. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1984-06-06.E-0872-1984-0200-37608/. Archive identifier in.gazette.csl_extraordinary.1984-06-06.E-0872-1984-0200-37608.