Customs House Agents Licensing Regulations,1984 Notification No. 85-Cus , dated 19-3-1984 as amended Notification No. 230/86-Cus , dated 3-4

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Customs House Agents Licensing Regulations,1984 Notification No. 85-Cus , dated 19-3-1984 as amended Notification No. 230/86-Cus , dated 3-4-1986 as amended by Notification No. 240/84-cus-, dated 17-9-1984, No. 74/91-Cus: (N.T.) dated 15-11-1991, No. 35/92-Cus-(N.T.) dated 5-5-1994, No. 44/97 - Cus-(N.T.); dated 15-9-1997, No. 71/97-Cus:(N.T.); dated 19-12-1997 No. 29/99-Cus (N.T.); dated 11-5-1999 In exercise of the powers conferred by sub-section (2) of section 146 of the Customs Act; 1962 (52 of 1962) , the Central Board of Excise & Customs hereby makes the following regulations, namely 1. Short title and commencement - (1) 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 company as defined in the Companies Act, 1956 (1 of 1956); (c) "Custom House Agent" 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" have the meanings respectively assigned 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 a form appended to these regulations; "section' means a Section of the Act; (g) The expressions "Commissioner" and "Customs Station" , shall have the same meanings as in the Customs Act; 1962 (52 of 1962). 3. Licence where not required - No licence under these 

Rule TOC

5 · Application for licence:" (1) An application for licence to act as Custom House Agent in a Customs 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"s name, and (b) the name of the partner or the duly authorised employee, who will actually be engaged in the clearance of goods or conveyances through the customs (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 actually be engaged in the clearance of goods or conveyances 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 the case may be, shall prove to the satisfaction of the Commissioner that:

20 · Employment of persons: (1) A licensee may, having regard to the volume of business transacted by him, employ one or more persons 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 obtaining the approval of the Assistant Commissioner of Customs or Deputy Commissioner of Customs designated by the Commissioner for this purpose and in the matter of granting approval, he shall take into consideration the antecedents and any other information pertaining to the character of such person (3) Appointment of a person referred to in sub-regulation (1) shall be subject to the condition that he shall; within six months from the date of his appointment; pass an examination conducted by the said Assistant Commissioner of Customs or Deputy Commmissioner of Customs or by a Committee of Officers of Customs to be appointed by him for the purpose; and the examination shall be such as to ascertain the adequacy of knowledge of such person regarding the provisions of the statutes subject to which goods and baggage 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 Commissioner of Customs or Deputy Commissioner of Customs 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 examination four times Provided further that a person referred to in sub-regulation (1) shall have passed the 1Oth standard of the Central Board of Secondary Education or its equivalent before his employment under that sub-regulation. 4) Notwithstanding anything contained in sub-regulation (3) , a person who has worked under Custom House Agent and passed the examination referred to in sub-regulation (3) , may, on his appointment under any other Custom House Agent with the approval of the Assistant Commissioner of Customs or Deputy Commissioner of Customs, be exempted from passing the examination again: (5) Where the Custom House Agent has authorised any person employed by him to sign documents relating to the business of such agent on his behalf; he shall file with the Assistant Commissioner of Customs or Deputy Commissioner of Customs, a written authority in this behalf and give prompt notice in writing; if such authorisation is modified or withdrawn.