Sea Cargo Manifest and Transhipment (Fifth Amendment)
Regulations, 2021
[Notification
No.
61/2021-Customs (N.T.)
dated 23rd July 2021]
In exercise of the powers conferred by section 157, read with sections 30,
30A, 41, 41A, 53, 54, 56, sub-section (3) of section 98 and sub-section (2) of section 158 of the
Customs Act, 1962 (52 of 1962), the Central Board of Indirect Taxes and Customs hereby makes
the following regulations
further to amend the Sea Cargo
Manifest and Transhipment
Regulations, 2018, namely: -
1. Short title and commencement. - (1) These regulations may be called the Sea Cargo Manifest
and
Transhipment
(Fifth Amendment)
Regulations, 2021.
(2) They shall
come into force on the date of
their publication
in the Official Gazette.
2. In the Sea Cargo Manifest and Transhipment
Regulations, 2018 (hereinafter referred to
as the said regulations),
in regulation 3,-
(a) for sub-regulation (2), the following sub-regulations shall be substituted, namely:-
(2) Where the Jurisdictional Commissioner of Customs is satisfied with the information provided
by the applicant in the Form-I, he shall register such applicant
for transacting business under these regulations;
(b) for sub-regulation (4), the following sub-regulation
shall be substituted,
namely: -
(4) The registration shall be valid unless and until revoked in terms of the provisions under regulation
3A or regulation 11:
Provided that the registration of the authorised carrier shall be deemed invalid if the authorised
carrier is found to
be inactive for a period
of
one year.
Explanation.- The term inactive refers to an authorised carrier who does not transact any
business pertaining to Customs during a period
of one
year, excluding the period
for
which registration
has
been suspended
under
regulation
11.;
(c) after sub-regulation (5),
the
following sub-regulation
shall be inserted, namely: -
(5) Subject to the provisions of sub- regulation (1A), the
Jurisdictional Commissioner of Customs may, on an application made by the authorised
carrier in Form IA, after the registration has been deemed invalid under sub regulation (4), renew
the
registration from the date of
expiration, after satisfying himself that the applicant is otherwise eligible for registration under this regulation
within
one month of the
date of receipt of the application.
3. In the said regulations, after regulation 3, the following
regulation shall be inserted, namely:-
3A. Surrender of registration.- (1) An authorised carrier may surrender his registration issued under regulation
3 through a written request to the Jurisdictional Commissioner of Customs.
(2) On receipt of the request under sub-regulation (1), the Jurisdictional Commissioner of Customs may revoke the registration, if, -
(a) the authorised carrier has paid all dues payable to the Central Government under the provisions of the Act,
rules
or regulations made thereunder; and
(b) no proceedings are pending against the authorised carrier under the Act, rules or
regulations made thereunder.
4. In the said regulations, in regulation 11, for sub-regulation (2), the
following sub- regulation
shall be substituted, namely: -
(2) The Commissioner of Customs
may, subject to the provisions of regulation 12, suspend the operations of such authorised carrier in his jurisdiction by an order, for reason to be recorded
in writing, on any of the following grounds, namely:
(a) failure to comply with any of the provisions of these regulations, within his jurisdiction or anywhere else;
(b) failure to comply with any of the conditions of
the
bond executed by him under these regulations;
(c) any misconduct, within his jurisdiction, which in the opinion of the Commissioner of Customs renders him unfit
to
transact any business in the
Customs Station; (d) adjudicated
as an insolvent;
(e) of unsound mind;
(f) convicted by a competent court for an offence involving moral turpitude or otherwise.
5. In the said regulations, in regulation 12, for sub-regulation (5), the
following sub-regulation shall
be substituted, namely: -
(5) At the conclusion
of the inquiry,
the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, shall prepare the report of inquiry and after recording his findings thereon, submit the
report within a period of ninety days from the date of
issue of a notice under sub-regulation (1).
6. In the said regulations, after Form
I, the following Form shall be inserted namely:-
FORM - IA
[See regulation
3 (5)]
To,
Application by
authorised
carrier to renew registration
The Commissioner of Customs
Custom House
---------
|
Sl. No. |
Particulars |
Remarks |
|
1. |
Name of the authorised carrier with details of PAN |
|
|
2. |
Full address of
the authorised carrier |
|
|
3. |
Custom House
of
issue |
|
|
4. |
Has the applicant paid
all dues payable to the
Central Government under the provisions of the Customs Act, 1962 (52 of 1962), rules or
regulations made thereunder? (Yes/No) |
|
|
5. |
Whether bond and furnishing of security
executed, if applicable is still active? (Yes/No) |
|
|
6. |
Is there a change in the name and Permanent Account Numbers (PAN) of partner/partners or
director/directors who will actually
be engaged in the work as authorised carrier, in case
the applicant is a
firm or a
company? If Yes, Provide
the details: |
(Yes/No) |
|
7. |
Reason for
renewal |
|
|
|
Declaration: |
|
|
(a) |
I have working knowledge of English/local
language (
)/Hindi. |
|
|
(b) |
The firm or company by whom the undersigned is employed have earlier held an authorised carrier registration under the Sea Cargo Manifest Transhipment Regulations, 2018
and not cancelled
or suspended. |
|
|
(c) |
The details of cases booked under the provisions of the Customs Act, 1962 (52 of 1962) against the
applicant/the
person proposed to be employed by the
applicant |
|
I/We hereby affirm that I/we have read the Sea Cargo Manifest Transhipment Regulations, 2018
and agree to abide by
them.
Date : Signature of applicant.
[F. No.
450/58/2015- Cus
IV(Pt)]