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Custom House Agents Licensing
Regulations, 1984
:
Import Clearance
Export Clearance
Import Miscellaneous
Export Miscellaneous
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 a company as defined in the Companies Act, 1986 (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;
f.“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 regulations
shall be required by :-
an importer or exporter transacting any business at a Customs
Station solely on his own account;
any employee of any person or a firm transacting business generally
on behalf of such person or firm; and
an agent employed for one or more vessels in order solely to enter
or clear such vessels for work incidental to his employment as such
agent.
4. Invitation of application
The Commissioner may invite applications for the grant of such
number of licences as assessed by him, to act as Customs House
Agents in the month of January 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
receipt of application. Such application shall be for clearance work
within the jurisdiction of the said Commissioner.
5. Application for licence
1. An application for a licence to act as a Custom House Agent in a
Customs Station shall be made in Form A (See Form No. 47 in part 5)
and shall inter alia contain the name and the address of person
applying; and
If the applicant is a firm-
The name and address of every partner of the firm, the firm’s name,
and
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 –
the name of each director, manager, managing director, and
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:
(a) the applicant is a graduate from a recognised University and is
an employee of a licensee and that the possessed a permanent pass in
Form G prescribed under regulation 20 and has the experience of work
relating to clearance of goods through the Customs, for a period of
not less than three years in the capacity of such a passholder :
Provided that the Commissioner may relax the possession of permanent
pass in Form G to one year for reasons to be recorded in writing.
(b) the applicant has financial viability supported by a certificate
issued by a Scheduled Bank or such other proof acceptable to the
Commissioner 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 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 Station, situated at places other than those
specified above :
Provided that in cases where a Commissioner’s jurisdiction extends
to more than one Customs Station, the Commissioner may issue one
licence for all the Stations or more that 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 such additional
Customs Stations. The Commissioner may also waive the need for
separate compliance of the requirement of Regulation 11 in such
cases :
Provided further that in places where there is more than one
Commissioner exercising jurisdiction over different Customs Stations
and Custom House Agents licensed under the Custom House Agents
Licensing Regulation 8 from the Commissioner, other that 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 Commissioner may
make enquiries for verification of the particulars set out in the
application and also such other enquiries as he may deem necessary
including enquiries about the reliability of financial status of the
applicant.
8. Grant of temporary licence
1. any applicant whose application is received within the last date
specified in Regulation 4 and who satisfies the requirements of
Regulation 5 and 6 , shall be permitted to operate as Custom House
Agent at the Customs Station for which the applications made
initially for the period of one year against temporary licence
granted by the Commissioner in this regard in Form B (See Form No.48
in Part 5).
Provided that when evidence is produced to the Commissioner that the
applicant has already availed of two chances for qualifying in the
written or oral examination prescribed in these regulations and
would like to avail of the third chance as soon as the next
examination is held in terms of Regulation 9 and that the applicant
has been able to account for the minimum volume of work prescribed
for such agents in the course of one year’s working, the
Commissioner 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 thir chance for qualifying in the examination in terms
of Regulation 9. While granting such extension, the Commissioner of
Customs shall satisfy himself that the requirements of Regulation,s
10(1) (a) and 10(1)(b) had been fully met by the applicant.
2. Any person, whose application for grant of temporary licence
under sub-regulation (1) of regulation 8 is rejected by the
Commissioner of Customs may represent to the Chief Commissioner of
Customs or Chief Commissioner of Customs and Central Excise, as the
case may be against such order rejecting the grant of a temporary
licence, within 30 days of the communication of the impugned order.
3. In case the number of applicant fulfilling the conditions
prescribed under regulation 6 is more than the number of licences to
be issued as assessed under regulation 4, the Commissioner may adopt
seniority in experience as ‘G’ pass holder of such applicants as the
criterion to give precedence to the applicants:
Provided that if more than one applicant has the same period of
experience, the applicant who is older in age shall get precedence.
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
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 temporary licence of payment of prescribed
examination fee of (Rs.500/-) for each examination.
2. The examination referred to in sub-regulation (1) 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 all such chances
should be availed of within a maximum period of 2 years from the
date of grant of temporary licence.
(Explanation: A person who qualifies in the written examination, but
fails in the oral test linked to it, shall be treated as having
failed in that chance; but he will not be required to appear in the
written examination in the subsequent chances.)
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 of 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;
h. examination of merchandise at the Customs Stations;
i. provisions of the Trade of Merchandise Marks Act, 1958 (43 of
1958);
j. prohibitions of import and export;
k. bonding procedure and clearance from band;
l. re-importation and conditions for free re-entry;
m. drawback;
n. offences under the Act,
o. the provisions of allied Acts including imports and Exports
(control) Act, 1947 (18 of 1947), Foreign Exchange Regulation Act,
1973 (46 of 1973), Indian Explosives Act, 1884 (4 of 1884), Arms
Act, 1959 (54 of 1959), Opium Act, 1879 (1 of 1878), Drugs and
Cosmetics Act, 1940 (23 of 1940), Destructive insects and Pests Act,
1914 (2 of 1914), Dangerous Drugs Act, 1930 (2 of 1930) in so far as
they are relevant go the clearance of goods through customs;
p. procedure in the matter of refund of duty paid, appeals and
revision petitions under the Act.
4. The Commissioner shall also satisfy himself whether the licencsee
in Form B (See Form 48 in para 5) if he is an individual, possesses,
or in the case of a firm of 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 a additional or desirable qualification.
5. The holders of a regular licence under regulation 10 may
authorise one of their employees or partners or directors, to appear
for the examination referred to in sub-regulation (1), on behalf of
such holders of regular licence in addition to the person of their
agency who has passed the examination referred to in sub-regulation
(1).
10. Grant of regular licence
The Commissioner shall, on receipt of an application in Form C (See
Form No.49 in Part 5), grant a regular licence in Form D (See Form
50 in Part 5) on payment of a fee of (Rs.5000/-) 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: -
quantity or value of cargo cleared by such licensee conforming to
norms as may be prescribed by the Commissioner;
absence of instances of delay either in the clearance of goods or in
the complaints of misconduct including non-compliance of any of the
obligations specified in Regulation 14.
2. The Customs House Agents who are granted regular licencee under
Regulation 10, shall be eligible to work in all Customs Stations
subject to fulfillment of the following requirements:
the licensee shall make an application to the Commissioner of the
concerned Customs Station where he intends to transact business for
purposes of registering himself and his authorised staff;
he fulfils the conditions stipulated in clause (b) of Regulation 6
relating to financial soundness and possesses the ability to provide
adequate warehousing and transport facilities at the place of
clearance of goods and production of evidence relating to
availability of sufficient clientele at his disposal;
he shall also be required to enter into a separate bond in Form D
(See Form 50 in part 5) for due observation of these regulations and
to furnish a separate Bank Guarantee for each Customs Stations as
stipulated under Regulation 11; (he shall produce evidence of
knowledge for the local language of the Customs Station, at which he
wished to conduct business; ).
On fulfilment of the aforesaid conditions, the Commissioner of the
Customs Station at which the licensee intends to transact business
shall grant a licence in Form ‘D’ (See Form No.50 in part 5)
authorising him to transact business at that Customs Station:
Provided that no separate licence would be required in places where
in addition to a Custom House handling imports by sea, there is also
an international airport to handle imports by air even if under the
jurisdiction of a different Commissioner.
3. The Commissioner 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 Regulation 10 is not considered suitable
due to any other reason to be stated in the order passed by the
Commissioner.
4. Any person aggrieved by the order of the Commissioner passed
under sub-regulation (3) of regulation 10 may represent to the Chief
Commissioner of Customs or Chief Commissioner of Customs and Central
Excise, as the case may be against such order within 30 days of the
communication of the impugned order.
5. The Chief Commissioner may, on his own motion or otherwise call
for and examine the records of any proceedings in which the
Commissioner has passed any order under sub-regulation (3) for the
purpose of satisfying himself “as to the legality, propriety or
correctness of such order and may pass such orders as he may deem
fit. No order under this sub-regulation shall be made so as to
prejudicially affect any person unless such person is given
reasonable opportunity for making a representation and being hard in
his defence, if he so desires.
6. No order shall be made under sub-regulation (5) or sub-regulation
(2) of regulations 8 in relation to an order passed by Commissioner
under sub-regulation (3) or sub-regulation (1) of regulation 8, as
the case may be, after the expiry of one year from the date on which
such order was passed by the Commissioner.
11. Execution of bond and furnishing of security
1. Before granting a temporary licence under Regulation 8 or a
regular licence under Regulation 10, the concerned Commissioner
shall require the applicant to enter into a bond in Form E (See Form
No.51 in Part 5) and, if necessary, a surety bond in Form F (See
form No.52 in part 5) for due observance of these Regulations and
shall also require him to furnish a bank guarantee, postal security
or national Savings Certificate, in the name of Commissioner of
Customs, for an amount of Rs.25,000/ - for carrying out of business
of Custom House Agent at a Customs Station referred to in clause (b)
of Regulation 6 and Rs.10,000/- in the case of other customs
stations.
2. Form carrying on of business as Custom House Agents at more than
one customs station failing within the jurisdiction of different
Commissioners a separate bond accompanied by bank guarantee, postal
security or National Savings Certificate shall be required to be
executed.
3. If the applicant furnishes postal security or National Savings
Certificate, the same shall be pledged in the name of the
Commissioner and the applicant shall get the benefit of the interest
accruing on it.
12. Period of validity of a regular licence
1. A licence granted under regulation 10 shall be valid for period
of five years, but may be renewed from time to time in accordance
with procedure provided in sub-regulation (2).
2. The Commissioner of Customs, may, on application made by the
licensee, before the expiry of the validity of the licence under
sub-regulation (1), renew the licence for a period of five years
from the date of expiration of the original licence granted under
regulation 10 or of the last renewal of such licence, as the case
maybe, if the performance of the licensee is found to be
satisfactory with reference, inter alia, to the following : -
quantity or value of cargo cleared by such licensee conforming to
norms as may be prescribed by the Commissioner;
absence of instances of delay either in the clearance of goods or in
the payment of duty of any reason attributable to such licensee and
any complaints of misconduct including non-compliance of any of the
obligations specified in regulation 14.
The fee for renewal of a licence under sub-regulation (2) shall be
Rs.3,000/-.
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 Customs House Agent
A Custom House Agent shall:
obtain an authorisation from each of the companies, firms or
individuals by whom he is for the time being employed as Custom
House Agent and produce such authorisation whenever required by an
Assistant Commissioner of Customs or Deputy Commissioner of Customs;
transact business in the Customs Station either personally or
through an employee duly approved by the Assistant Commissioner of
Customs or Deputy Commissioner of Custom of Customs or Deputy
Commissioner of Customs, designated by the Commissioner;
not represent a client before an officer of Customs in any matter to
which be, as officer of the Department of Customs gave personal
consideration, or as to the facts of which he gained knowledge,
while in Government service;
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
(Assistant Commissioner of Customs or Deputy Commissioner of
Customs)
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;
not withhold information relating to clearance of cargo or baggage
issued by the Commissioner of Customs from a client who is entitled
to such information;
promptly pay over to the Government, when due, sums received for
payment of any duty, tax or other debt or obligations owing to the
Government and promptly account to his client from 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;
not procure or attempt to procedure directly or indirectly,
information from the Government records or other Government sources
of any kind to which access is not granted by proper officer;
not attempt influence the conduct of any official of the Customs
Station in any matter pending before such official or his
subordinates by the use of threat, false accusation, duress or the
offer of any special inducement or promise of advantage or by the
bestowing of any gift or favour or other thing of value;
not refuse access to, conceal, remove or destroy 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 Commissioner;
maintain records and accounts in such form and manner as may be
directed from time to time by an Assistant Commissioner of Customs
of Deputy Commissioner of Customs and submit them for inspection to
the said Assistant Commissioner of Customs or Deputy Commissioner of
Customs or an officer authorised by him whenever required;
ensure that all documents prepared or presented by him or on his
behalf are strictly in accordance with orders relating thereto;
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;
in the event of the licence granted to him being lost, immediately
report the fact to the Commissioner;
ensure that he discharges his duties as Custom House Agent with
utmost speed and efficiency and without avoidable delay; and
not charge for his services as Custom House Agent in excess of the
rates approved by the Commissioner from time to time under
Regulation 25.
15. Change in directors of company, etc
In case a company holding a licence under Regulation 10, undergoes
any change in the directors, managing director or managers, such
change shall be forthwith communicated by such licensee to the
Commissioner.
16. Change in constitution of any firm or any company
In the case of any firm or company,. Being a licensee, any change in
the constitution thereof shall be reported by the firm or the
company, as the case may be, to the Commissioner as early as
possible and any such firm or a company, indication such change
shall make a fresh application to the said Commissioner within
thirty days for the grant of licence under regulation 5 or
regulation 10, as the case may be. On the scrutiny of such
application the Commissioner may grant to the firm or a company, as
the case may be, a fresh licence of the category held by the
applicant prior to the change in constitution, if there is nothing
adverse against him.
Provided that the existing firm or a company, if it moves an
application to that effect may be allowed to carry on the business
of Customs House Agent till that effect may be allowed to carry on
the business of Customs House Agent till such time as a decision is
taken on the fresh application of the firm or the company.
17. Change in the constitution of a concern
1. Where a licence granted or renewed under these Regulations in
favour of a person, not being a firm or a company, changes the
constitution of his concern to a firm or a company, such new firm or
new company may, pending the grant of a regular licence in
accordance with these Regulations, be permitted to act as Custom
House Agent with the approval of the Commissioner of Customs.
2. Notwithstanding anything contained in sub-regulation (1), 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
person, his legal heir who has been assisting in the work of
clearance of goods through custom and is employed as such under
Regulation 20, may be granted a licence if there in nothing adverse
against him and if he qualifies in the examination referred to in
Regulation 9.
18. Engagement of persons qualified in the examination referred to
in regulation 9, etc.
1. A person who has qualified in the examination referred to in
regulation 9 may engage himself in the work relating to the
clearance of goods through customs on behalf of a firm or a company
licenced under regulation 10 provided that at any given time he
shall not so engage himself on behalf of more than one such firm or
company.
2. Any change in the persons qualified in the examination referred
to in regulation 9 and actually engaged in the work in the customs
station on behalf of a licensee firm or company shall be
communicated forthwith by the firm or the company, as the case may
be, to the Assistant Commissioner of Customs or Deputy commissioner
of Customs and no new person other that the one who is qualified in
the examination referred to in regulation9 shall be allowed to work
in the customs station as a duly authorised employee on behalf of
that firm or company.
19. Maintenance and inspection of accounts
1. A licence required to maintain accounts under these Regulation
shall maintain such accounts:
(a) in an orderly and itemised manner and keep them current; and
(b) reflect all financial transactions as Custom 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
papers relating to his business as custom house agent.
3. All records and accounts 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 to
inspect such reords and accounts.
20. Employment of persons
1. A licence 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 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 mater 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 Commissioner of
customs or by a Committee of Officers of Customs to be appointed by
him for the purpose, and the examination shall be such as to
ascertain the adequacy of knowledge of such person regarding the
provisions of the statues 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.
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
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.
6. The Assistant Commissioner of Customs or Deputy Commissioner of
Customs shall issue an identity card to every employee of a Custom
House Agent, -
(i) in Form G, in case he has passed the examination referred to in
sub-regulation(3),
(ii) in Form H, in case he has not passed such examination,
(iii) and every such person shall, at all times when he transacts
the work at the Customs Station, carry such card with him and
produce 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 proper conduct of any such employees in the
transaction of business as agent and be held responsible for all
acts or omissions of his employees in regard to their employment.
21. Suspension or revocation of licence
1. The Commissioner may, subject to the provisions of Regulation 23,
suspend or revoke the licence of a Custom House Agent so far as the
jurisdiction of the Commissioner is concerned and also order for
forfeiture of security on any of the following grounds:-
(a) failure of the Custom House Agent to comply with any of the
conditions of the bond executed by him under Regulation 11;
(b) failure of the Custom House Agent to comply with any of the
provisions of these regulations, whether within the jurisdiction of
the said Commissioner or anywhere else;
(c) any misconduct on his part whether within the jurisdiction of
the said Commissioner or anywhere else which in the opinion of the
Commissioner renders him unfit to transact any business in the
Customs Station.
2. Notwithstanding anything contained in sub-regulation (1), the
Commissioner may, in appropriate cases, where immediate action is
necessary, suspend the licence of a Custom House Agent where an
enquiry against such agent is pending or contemplated.
22. Prohibition
Notwithstanding anything contained in Regulation 21, the
Commissioner may prohibit any Custom House Agent from working in one
or more sections of the Customs Station, if he is satisfied 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 suspending or revoking licence under Regulation 21
1. The Commissioner 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 within
such time as may be specified in the notice not being less than
forty-five days, to the Assistant Commissioner of Customs or Deputy
Commissioner of Customs nominated by him, a written statement of
defence and also to specify in the said statement whether the Custom
House Agent desires to be heard in person by the said Assistant
Commissioner of Customs or Deputy Commissioner of Customs.
2. On receipt of the written statement from the Custom House Agent,
or where no such statement has been received within the time-limit
specified in the notice referred to in sub-regulation (1), the
Assistant Commissioner of Customs or Deputy Commissioner of Customs
may inquire into such on the grounds as are not admitted.
3. The Assistant Commissioner of Customs or Deputy Commissioner of
Customs 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 Custom House Agent, for the purpose of
ascertaining the correct position.
4. The Custom 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 Commissioner of Customs or
Deputy 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 aforesaid inquiry, the Assistant
Commissioner of Customs or Deputy Commissioner of Customs shall
prepare a report of the inquiry recording his findings.
6. The Commissioner of Customs shall furnish to the Custom House
Agent a copy of the report of the Assistant Commissioner of Customs
or Deputy Commissioner of Customs and shall require the Custom House
Agent to submit within the specified period not being less than
sixty days any representation that he may wish to make against the
findings of the Assistant Commissioner of Customs or Deputy
Commissioner of Customs.
7. The Commissioner, shall, after considering the report of the
inquiry, and the representation thereon, if any, made by the Custom
House Agent, pass such orders as he deems fit.
8. Any Custom House Agent aggrieved by any decision or order passed
under the regulation 21 or sub-regulation (7) of regulation 23, may
appeal under section 129A of the Customs Act, 1962, to the Customs
and Central Excise Gold (Control) Appellate Tribunal established
under Section 129(1) of Customs Act, 1962.
24. Grant of licence no right to accommodation
The grant of a licence under Regulations does not confer any right
to accomodation in a Customs Station.
25. Fixing of clearance charges
1. The Commissioner may from time to time and in consultation with
the recognised Custom House Agents Association, if any, registered
at a Customs Station, notify the rates that may be charged by a
Custom House Agent for his service 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 Custom House Agent shall enrol himself as a member of the
Custom House Agents’ Association if there is one registered in the
Customs Station and recognised by the Commissioner of Customs.
26. Repeal
1. The Custom House Agents’ Licensing Regulations, 1965, are hereby
repealed.
2. Notwithstanding such repeal anything done or any action taken
under the Custom House Agents (Licensing) Regulations, 1965, shall
be deemed to have been done or taken under the corresponding
provisions of these Regulations.
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