Customs Brokers Licensing Regulations 2013 Notified
The current regulation supersedes the
previous Customs House Agents Licensing Regulations 2004.
[Ref: Notification No.
65/2013 - Customs (N.T.) dated 21 June 2013]
1. Short title and commencement
2. Definitions
3. Customs Brokers to be licensed
4. Invitation of application
5. Conditions to be fulfilled by the applicants
6. Examination
of the applicant
7 Grant of licence
8. Execution of bond and furnishing of security
9. Period of validity of a licence
10. Licence not transferable
11. Obligations of Customs Broker.
12. Change in directors of company, etc.
13. Change in constitution of any firm or a
company
14. Change in the constitution of a concern
15. Engagement of persons qualified in the
examination referred to in regulation 6, etc.
16. Inspection of accounts
17. Employment
of persons
18. Revocation of licence or imposition of penalty
19. Suspension
of licence
20. Procedure
for revoking licence or imposing penalty
21. Appeal by Customs Broker
22. Penalty
23. Prohibition
24. Membership of associations
Form A: Application Form for Grant of
Customs Brokers Licence under section 146 of the Customs Act, 1962
FORM B: Licence for Customs Broker
FORM C :
Intimation by Customs Broker to work at another Customs Station
FORM D: Bond No
of 20
.
FORM E: Surety Bond No
of 20
.
FORM F: Customs Broker Licence
No
..
FORM G: Identity Card
FORM H: Identity-Cum-Authority Card
In exercise of the powers conferred by sub-section (2) of section
146 of the Customs Act, 1962 (52 of 1962), and in supersession of the Customs
House Agents Licensing Regulations 2004 , except as respect things done or
omitted to be done before such supersession, the Central Board of Excise and
Customs hereby makes the following regulations, namely:-
1. Short title and
commencement
(1) These regulations may be called the Customs Brokers Licensing
Regulations, 2013.
(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);
(c) "Customs Broker
" 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" shall
have the same meanings respectively assigned to them 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 form
appended to these regulations;
(f) Schedule‟ means
the schedule annexed to these regulations;
(g) section
means a section of the Act; and
(h) the
words and expressions used herein and not defined in these regulations but
defined in the Act shall have the same meanings respectively assigned to them
in the said Act.
3. Customs Brokers to be licensed
No person shall carry on business as a Customs Broker relating to
the entry or departure of a conveyance or the import or export of goods at any
Customs Station unless such person holds a licence granted under these
regulations:
Provided that no licence under these regulations shall be required
by
(a) an
importer or exporter transacting any business at a Customs Station solely on
his own account;
(b) any employee of any
person or a firm transacting business generally on behalf of such person or
firm, and holding an identity card or a temporary pass issued by the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may
be,: and
(c) an
agent employed for one or more vessels or aircrafts in order solely to enter or
clear such vessels or aircrafts for work incidental to his employment as such
agent.
4. Invitation
of application
(1) The Directorate General
of Inspection of Customs and Central Excise ( DGICCE)
shall in the month of April of every year invite applications for conducting
examination and subsequent grant of licence to act as Customs Broker in Form A
by publication in two leading national daily newspapers in English and Hindi.
(2) The application for a
licence to act as a Customs Broker in a Customs Station in Form A shall be made
to the Commissioner of Customs having jurisdication
over the area where the applicant intends to carry on his business.
5. Conditions
to be fulfilled by the applicants
The applicant for a licence to act as a Customs Broker in a
Customs Station, shall prove to the satisfaction of the Commissioner of
Customs, that :-
(a) he
is a citizen of India;
(b) he
is a person of sound mind;
(c) he
is not adjudicated as insolvent;
(d) he
has neither been convicted by a competent court for an offence nor any criminal
proceeding is pending against him in any court of law; and
(e) he
has not been penalised for any offence under the Act, the Central Excise Act,
1944 and the Finance Act, 1994.
(f) an
individual applicant or in case the applicant is a firm or company its partner
or director or an authorised employee who may handle the Customs work shall:
(i) be
a graduate from a recognised University, and
(ii) possess a professional
degree such as Masters or equivalent degree in Accounting, Finance or
Management, CA/MBA/LLB or Diploma in Customs Clearance work from any Institutes
or University recognised by the Government or is having at least two years experience in transacting Customs Broker work as
G-Card holder;
(g) he
is a retired Group A officer from the Indian Customs and Central Excise
Services having a minimum of five years experience in
Group A‟ service;
(h) the applicant has
financial viability as evidenced by a certificate issued by a Scheduled Bank or
such other proof acceptable to the Commissioner of Customs in terms of
possession of assets of value of not less than five lakhs rupees:
Provided that for the purpose of his satisfaction, the
Commissioner of Customs may make enquiries as may be deemed fit.
6. Examination of the applicant
(1) An applicant, who
satisfies the requirements of regulation 5, shall be required to appear for a
written as well as oral examination conducted by the DGICCE:
Provided that an applicant who has already passed the examination
referred to in regulation 9 of the Custom House Agents Licensing Regulation,
1984 and regulation 8 of the Custom House Agents Licensing Regulation, 2004
shall not be required to appear for any further examination.
(2) The written examination
shall be conducted on specified dates in month of January of each year for
which intimation shall be sent individually to applicants in advance before the
date of examination and the result of the said examination shall be declared by
end May each year.
(3) The applicant who is
declared successful in the written examination shall be called for an oral
examination on specified dates in month of June of each year, the result of
which shall be declared in the month of July of each year.
(4) The applicant shall be
required to clear written examination as well as oral examination.
(5) An applicant who fails
to clear the oral examination within two years from date of declaration of
result of the related written examination, shall be
treated as having failed in the examination.
(6) An applicant shall be
allowed a maximum period of seven years from the date of original application
within which he shall pass both written and oral examinations and no further
extension shall be granted.
(7) The examination may
include questions on the following :
(a) preparation
of various kinds of bills of entry, bills of export, shipping bills, and other
clearance documents;
(b) arrival
entry and clearance of vessels;
(c) tariff
classification and rates of duty;
(d) determination
of value of imported and export goods;
(e) conversion
of currency;
(f) nature
and description of documents to be filed with various kinds of bills of entry,
shipping bills and other clearance documents;
(g) procedure
for assessment and payment of duty including refund of duty paid;
(h) examination
of goods at Customs stations;
(i) prohibitions
on import and export;
(j) bonding
procedure and clearance from bond;
(k) re-importation
and conditions for free re- entry;
(l) drawback
and export promotion schemes including Special Economic Zone scheme;
(m) offences
under the Act;
(n) provisions of the
allied Acts including the Indian Explosives Act, 1884 (4 of 1884), Destructive
Insects and Pests Act 1914 (2 of 1914), Dangerous Drugs Act, 1930 (2 of 1930),
Drugs and Cosmetics Act, 1940 (23 of 1940), Central Excise Act, 1944 (1 of
1944), Copy Right Act, 1957 (14 of 1957), Trade and Merchandise Marks Act 1958
(43 of 1958), Arms Act 1959 (54 of 1959), Patents Act, 1970 (39 of 1970),
Narcotics Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Foreign
Trade (Development and Regulations) Act, 1992 (22 of 1992), Foreign Exchange
Management Act, 1999 (42 of 1999), Design Act, 2000 (16 of 2000) and Food
Safety and Standard Act, 2006 (No. 34 of 2006) in so far as they are relevant
to clearance of goods through customs;
(o) provisions
of Prevention of Corruption Act , 1988 (49 of 1998);
(p) procedure
for appeal and revision applications under the Act; and
(q) on
line filing of electronic bills of entry and shipping bills vide the Indian
Customs and Central Excise Electronic Commerce or Electronic data interchange
gateway (ICEGATE) and Indian Customs Electronic data Interchange System (ICES).
(7) The Commissioner of
Customs shall satisfy himself that the individual applicant or in cases where
applicant is a firm or company its partner or Director or authorised employees
who may be engaged for handling the customs work shall possess satisfactory
knowledge of English and the local language of the Customs Station:
Provided that in case of a person deputed to work extensively in
the docks, knowledge of English shall not be compulsory. Knowledge of Hindi
shall be considered as desirable qualification.
7 Grant
of licence
(1) The Commissioner of
Customs shall, on payment of fee of five thousand rupees grant licence in Form
B to an applicant who has passed the oral examination within two months of the
date of declaration of the said results.
(2) The applicant who has
been granted licence under sub- regulation (1) shall be eligible to work as
Customs Broker in all Customs Stations subject to intimation in Form C to the
Commissioner of Customs of the Customs Station where he intends to transact
business. A copy of this intimation shall also be sent to the Commissioner of
Customs who has issued the licence in Form B.
8. Execution
of bond and furnishing of security
(1) Before granting the
licence under regulation 7, the Commissioner of Customs shall require the
successful applicant to enter into the bond in Form D and where specified a
surety bond in Form E for due observance of these regulations and furnish a
bank guarantee, a postal security or National Saving Certificate in the name of
Commissioner of Customs for an amount of five lakhs rupees for carrying out the
business as Customs Broker.
(2) In cases where a postal
security or National Saving Certificate is furnished, the benefit of interest
accruing thereon shall accrue to the Customs Broker concerned.
9. Period
of validity of a licence
(1) A licence granted under
regulation 7 shall be valid for a period of ten years from the date of issue
and shall be renewed from time to time in accordance with the procedure
specified in sub-regulation (2):
Provided that a licence granted to a Customs Broker, authorised
under the Authorised Economic Operator Programme referred to in Board‟s Circular No. 28/2012-Customs dated
16.11.2012, shall not require renewal till such time the said authorisation is
valid.
(2) The Commissioner of
Customs may, on an application made by the licensee before the expiry of the
validity of the licence under sub-regulation (1), renew the licence for a
further period of ten years from the date of expiration, if the performance of
the licensee is found to be satisfactory with reference, inter alia, to the
obligations specified in this regulation including the absence of instances of
any complaints of misconduct.
(3) The fee for renewal of
a licence shall be five thousand rupees.
10. 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.
11. Obligations
of Customs Broker.
A Customs Broker shall -
(a) obtain an authorisation
from each of the companies, firms or individuals by whom he is for the time
being employed as a Customs Broker and produce such authorisation whenever
required by the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be;
(b) transact
business in the Customs Station either personally or through an employee duly
approved by the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be;
(c) not
represent a client in any matter to which the Customs Broker, as a former
employee of the Central Board of Excise and 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 the Deputy Commissioner
of Customs or Assistant Commissioner of Customs, as the case may be;
(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
withhold information contained in any order, instruction or public notice
relating to clearance of cargo or baggage issued by the Commissioner 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
debt or obligations 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 Governmental or other charges payable in respect of the clearance of cargo
or baggage on behalf of the client;
(h) not procure or attempt
to procure directly or indirectly, information from the Government records or
other Government sources of any kind to which access is not granted by the
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 offer of any special inducement or promise of advantage or by the
bestowing of any gift or favour or other thing of value;
(j) 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 Customs Broker which is sought or may
be sought by the Commissioner of Customs;
(k) maintain upto date records such as bill of entry, shipping bill,
transhipment application, etc. and all correspondence and other papers relating
to his business as Customs Broker and also accounts including financial
transactions in an orderly and itemised manner as may be specified by the
Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the
case may be; and keep them current;
(l) immediately
report the loss of licence granted to him to the Commissioner of Customs;
(m) discharge
his duties as a Customs Broker with utmost speed and efficiency and without any
delay;
(n) verify antecedent,
correctness of Importer Exporter Code (IEC) number, identity of his client and
functioning of his client at the declared address by using reliable,
independent, authentic documents, data or information; and
(o) inform
any change of postal address, telephone number, e-mail etc. to the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may
be within one month of such change.
12. Change
in directors of company, etc.
In case a company holding a licence under regulation 7 undergoes
any change in the directors, or managing director, such change shall forthwith
be communicated by such licensee to the Commissioner of Customs within one
month of such change.
13. Change
in constitution of any firm or a company
(1) In the case of any firm
or a company, holding a licence under these regulations, any change in the
constitution thereof shall be reported by such firm or company, as the case may
be, to the Commissioner of Customs as early as possible, and any such firm or a
company indicating such change shall make a fresh application to the said
Commissioner of Customs within a period of sixty days from the date of such
change for the grant of licence under regulation 7, and the Commissioner of
Customs may, if there is nothing adverse against such firm or company, as the
case may be, grant a fresh licence :
Provided that if the existing firm or company moves an application
for such changes, then such firm or company may be allowed to carry on the
business of Customs Broker with the approval of the Commissioner of Customs
till such time as a decision is taken on the fresh application of such firm or
company.
(2) Notwithstanding
anything contained in sub-regulation (1), in case of any firm or a company
where a licence has ceased to be in force because of the death or retirement of
any partner or director or an authorised employee has passed the examination
referred to in regulation 6, the firm or the company may apply for replacement
of the name of the demised person by the name of another partner, director or
authorised employee who has passed the examination referred to in regulation 6:
Provided that if there is no such person in the firm or company,
then such firm or company, as the case may be, may authorise any other partner,
director or authorised employee who is a G‟ card holder, referred to in
sub-regulation (7) of regulation 17, to pass the examination referred to in
regulation 6 within a period of two years from the date of the demise or
retirement of such person, and the firm or company may be permitted to carry on
the business of a Customs Broker with the approval of the Commissioner of
Customs till such time such partner, director or authorised employee passes the
said examination.
14. 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 licence in accordance with
these regulations, be permitted to act as Customs Broker through an employee
duly qualified as per regulation 6, 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 who has ceased to be in force
because of the death of that person, his legal heir, who is a major and a
H‟ card holder, referred to in sub-regulation (7) of regulation 17, may
be permitted to work as a Customs Broker with the approval of the Commissioner
of Customs, and such legal heir shall be required to pass the examination
referred to in regulation 6 within a period of two years from the date of
demise of the original licensee.
15. Engagement
of persons qualified in the examination referred to in regulation 6, etc.
(1) A person who has
qualified in the examination referred to in regulation 6 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 7, provided that at any given time he
shall not 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 6 and actually
engaged in the work in the Customs Station on behalf of a licencee
firm or company shall be communicated forthwith by the firm or the company, as
the case may be, to the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, and no new person other than F‟, G‟ or
H‟ card holders, referred to in sub-regulation (7) of regulation 17,
shall be allowed to work in the Customs Station as a duly authorised employee
on behalf of that firm or company.
16. Inspection
of accounts
All records and accounts that are 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 for this purpose.
17. Employment of persons
(1) A Customs Broker may,
having regard to the volume of business transacted by him, employ any number of
persons to assist him after verifying their antecedent and identity at the declared
address by using reliable, independent, authentic documents, data or
information :
Provided that the minimum educational
qualification of such persons so employed shall be 10+2, or equivalent.
(2) Appointment of a person
referred to in sub-regulation (1) shall be made only after obtaining the
approval of the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be, who shall in granting approval, take into
consideration the antecedents and any other information pertaining to the
character of such person.
(3) The person referred to
in sub-regulation (1) shall, within four attempts from the date of his
appointment, pass an examination conducted by the said Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, and the
examination shall be such as to ascertain the adequacy of knowledge of such
person regarding the provisions of the Act subject to which goods and baggage
are cleared through Customs.
(4) Notwithstanding
anything contained in sub-regulation (3), a person who is employed under a
Customs Broker and who has passed the examination referred to sub-regulation
(3) may, on his appointment under any other Customs Broker, with the approval
of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, be
exempted from passing of such examination.
(5) Where the Customs
Broker has authorised any person employed by him to sign documents relating to
his business on his behalf, he shall file with the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, a written
authority in this behalf and give prompt notice in writing if such
authorisation is modified or withdrawn.
(6) A Customs Broker shall
authorise only such employee who has passed the examination referred to in
regulation 6 of these regulations to sign declaration on the bills of entry,
shipping bills and annexure thereof.
(7) The Deputy Commissioner
of Customs or Assistant Commissioner of Customs, as the case may be, shall
issue a photo-identity card to every person employed by a Customs Broker, -
(i) in
Form F in case he has passed the examination referred to in regulation 6;
(ii) in
Form G , in case he has passed the examination referred to in sub-regulation
(3);
(iii) in
Form H , in case he has not passed the examination referred to in
sub-regulation (3);
and every such person shall, at all times
when he transacts the work at the Customs Station, carry photo identity card
with him and produce it for inspection on demand by any officer of the Customs
Station.
(8) The photo identity card
in Form H shall not be withdrawn from an employee of a Customs Broker even if
he fails to pass the examination referred to in sub-regulation (3).
(9) The Customs Broker
shall exercise such supervision as may be necessary to ensure the proper
conduct of his employees in the transaction of business and he shall be held
responsible for all acts or omissions of his employees during their employment.
18. Revocation
of licence or imposition of penalty
The Commissioner of Customs may, subject to the provisions of
regulation 20, revoke the licence of a Customs Broker and order for forfeiture
of part or whole of security, or impose penalty not exceeding fifty thousand
rupees on a Customs Broker on any of the following grounds, namely :-
(a) failure
of to comply with any of the conditions of the bond executed by him under
regulation 8;
(b) failure
to comply with any of the provisions of these regulations, within his
jurisdiction or anywhere else;
(c) committing
any misconduct, whether within his jurisdiction or anywhere else which in the
opinion of the Commissioner renders him unfit to transact any business in the
Customs Station;
(d) adjudicated
as an insolvent;
(e) of
unsound mind; and
(f) has
been convicted by a competent court for an offence involving moral turpitude :
Provided that the imposition of penalty or any action taken under
these regulations shall be without prejudice to the action that may be taken
against the Customs Broker or his employee under the provisions of the Customs
Act, 1962 (52 of 1962) or any other law for the time being in force.
19. Suspension of licence
(1) Notwithstanding
anything contained in regulation 18, the Commissioner of Customs may, in
appropriate cases where immediate action is necessary, suspend the licence of a
Customs Broker where an enquiry against such agent is pending or contemplated.
(2) Where a licence is
suspended under sub-regulation (1), the Commissioner of Customs shall, within
fifteen days from the date of such suspension, give an opportunity of hearing
to the Customs Broker whose licence is suspended and may pass such order as he
deems fit either revoking the suspension or continuing it, as the case may be,
within fifteen days from the date of hearing granted to the Customs Broker:
Provided that in case the Commissioner of Customs passes an order
for continuing the suspension, the further procedure thereafter shall be as
provided in regulation 20.
20. Procedure for revoking licence or imposing
penalty
(1) The Commissioner of
Customs shall issue a notice in writing to the Customs Broker within a period
of ninety days from the date of receipt of an offence report, stating the
grounds on which it is proposed to revoke the licence or impose penalty
requiring the said Customs Broker to submit within thirty days to the Deputy
Commissioner of Customs or Assistant Commissioner of Customs nominated by him,
a written statement of defense and also to specify in
the said statement whether the Customs Broker desires to be heard in person by
the said Deputy Commissioner of Customs or Assistant Commissioner of Customs.
(2) The Commissioner of
Customs may, on receipt of the written statement from the Customs Broker, or
where no such statement has been received within the time-limit specified in
the notice referred to in sub-regulation (1), direct the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, to inquire
into the grounds which are not admitted by the Customs Broker.
(3) The Deputy Commissioner
of Customs or Assistant Commissioner of Customs, as the case may be, 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 Customs Broker, for the purpose of
ascertaining the correct position.
(4) The Customs Broker
shall be entitled to cross-examine the persons examined in support of the
grounds forming the basis of the proceedings, and where the Deputy Commissioner
of Customs or Assistant 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 inquiry, the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be, shall prepare a report of the 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) The Commissioner of
Customs shall furnish to the Customs Broker a copy of the report of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may
be, and shall require the Customs Broker to submit, within the specified period
not being less than thirty days, any representation that he may wish to make
against the said report.
(7) The Commissioner of
Customs shall, after considering the report of the inquiry and the
representation thereon, if any, made by the Customs Broker, pass such orders as
he deems fit either revoking the suspension of the license or revoking the
licence of the Customs Broker or imposing penalty not exceeding the amount
mentioned in regulation 22 within ninety days from the date of submission of
the report by the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, under sub-regulation (5) :
Provided that no order for revoking the license shall be passed
unless an opportunity is given to the Customs Broker to be heard in person by
the Commissioner of Customs.
21. Appeal
by Customs Broker
A Customs Broker, who is aggrieved by any order passed by the
Commissioner of Customs under these regulations, may prefer an appeal under
section 129A of the Act to the Customs, Central Excise and Service Tax
Appellate Tribunal established under sub-section (1) of section 129 of the Act.
22. Penalty
A Customs Broker, who contravenes any provisions of these
regulations or who fails to comply with any provision of these regulations shall be liable to a penalty which may extend to
fifty thousand rupees.
23. Prohibition
Notwithstanding anything contained in these regulations, the
Commissioner of Customs may prohibit any Customs Broker from working in one or
more sections of the Customs Station, if he is satisfied that such Customs
Broker has not fulfilled his obligations as laid down under regulation 11 in relation
to work in that section or sections.
24. Membership
of associations
Each Customs Broker shall enroll himself
as a member of the Customs Brokers‟ Association, if there is one
registered in the Customs Station and recognised by the Commissioner of Customs.
Form
A
[see sub-regulation (1) of regulation 4]
Application Form for Grant of Customs
Brokers Licence under section 146 of the Customs Act, 1962
1. Name of the applicant :-
2. Full address of the applicant :-
3. Names and address of each
of the partners of the firm or the directors of the company, as the case may
be, in case the applicant is a firm or a company :-
4. Name(s) of its
partner/partners or director/directors who will actually be engaged in the work
as Customs Broker, in case the applicant is a firm or a company:-
5. Educational qualification
of each of the persons, who may be engaged as Customs Broker:-
Declaration:
(a) I have working
knowledge of English/ local language (
.) /Hindi.
(b) I have not earlier
applied for a licence to act as Customs Broker and no such application was rejected/accepted.
(c) The firm or company by
whom the undersigned is employed have earlier held a Customs House Agent or
Customs Broker‟s Licence under Customs House
Licensing Regulation, 1984 or Customs House Licensing Regulation, 2004 or these
regulations and it was cancelled or suspended/not cancelled or suspended.
(d) The undersigned / the
person proposed to be employed by me have been/have not been penalised,
convicted or prosecuted under any of the provisions of the Customs Act, 1962
(52 of 1962), the Central Excise Act 1944 (1 of 1994), and the Finance Act,
1944.
List
of documents furnished in accordance with regulation 5 Customs Brokers
Licensing Regulation, 2013:
|
S. No. |
Educational |
Financial |
|
1. |
||
|
2. |
||
|
3. |
||
|
4. |
||
I/We hereby affirm the I/we have read the Customs Brokers
Licensing Regulations, 2013 and agree to abide by them.
Date: Signature
of applicant
Form
B
[see regulation 7]
Licence for Customs Broker
Licence No
..
Valid upto
..
M/s./Sarvashri/Shri
..................................address
is/are hereby authorised to transact business as Customs Broker all over India
subject to the conditions laid down in this licence. Further, in the case of
firm or a company, the Customs Broker‟s work
shall be transacted through one of the following persons:-
Name of person(s) Specimen
Signature(s)
1. _________________________ __________________________
2. _________________________ __________________________
3. _________________________ __________________________
4. _________________________ __________________________
5. _________________________ __________________________
Customs Station of issue:
Signature of the Commissioner of
Customs (with seal)
Date of issue:
Conditions of the License
This license is issued subject to the following conditions:
(A) The Licensee shall, -
1. not sell or transfer licence to any other person.
2. obtain an authorisation from each of the companies, firms or
individuals by whom he is for the time being employed as Customs Broker and
produce such authorisation whenever required by the Deputy Commissioner or
Assistant Commissioner of Customs.
3. transact business in the Customs Station either personally
or through an employee duly approved by the Deputy Commissioner or Assistant
Commissioner of Customs, designated by the Commissioner of Customs.
4. in the event of the licence being lost, report the same
immediately to the Commissioner of Customs.
5. ensure that he discharges his duties as Customs Broker with
utmost speed and efficiency and without any delay.
6. comply with the obligations specified in regulation 11 of
the Customs Brokers Licensing Regulations, 2013.
(B). This
licence shall be valid for a period of ten years from the date of issue and
shall be renewed from time to time in accordance with the procedure provided in
sub-regulation (2) of regulation 9 of the Customs Brokers Licensing
Regulations, 2013.
Form
C
[see sub-regulation (2) of regulation 7]
Intimation by Customs Broker to work at
another Customs Station
1. Name
of the Customs Broker:-
2. Full
address of the Customs Broker:-
3. Customs
Broker Licence No. and Custom House of issue:-
4. Name
and address of each of the partners of the firm or the directors of the
company, as the case may be, in case the applicant is a firm or a company :-
5. Name(s)
of its partner/partners or director/directors who will actually be engaged in
the work as Customs Brokers, in case the applicant is a firm or a company:-
6. Educational
qualifications of each of the persons, who will actually be engaged in the work
as Customs Broker:-
I/We hereby affirm the I/we have read the Customs Brokers
Licensing Regulations, 2013 and agree to abide by them.
Signature of applicant(s
--------------------------------
Date:
Form
D
[see regulation 8]
Bond No
of 20
.
Know all men by these present that we are held and firmly bound to
the President of India in the sum of Rs
.
for payment whereof we hereby bind ourselves, and each us bind himself and each
of our heirs, executors and administrators firmly by these presents dated this
. day of
. in the year two thousand
Whereas the said
. has been authorised to act as a
Customs Broker under section 146 of the Customs Act, 1962 (52 of 1962), and the
said
. has agreed to enter into this bond as required by the Customs
Brokers Licensing Regulations, 2013 (hereafter referred to as the said
regulations).
And whereas the said
. has deposited the sum of Rs. 5,00,000/- (Rupees Five Lakhs)
only with the President of India as security for his faithful behavior and that of his employees as regard the said
regulations.
Now the condition of the above written bond is such that if the
said
. and his employees do at all times, whilst holding, such
licence as aforesaid, behave themselves in a faithful manner as regards the
said regulations and if the said
. and their 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 Government shall be reason of the
misfeasance or negligence of the said
. or of his employees have not
been paid to the President of India then the above written bond shall be void;
otherwise the same shall be and remain in full force and virtue and it is
hereby agreed and declared that the President of India may apply the said sum
of Rs. 5,00,000/- (Rupees Five Lakh) only deposited
as aforesaid in making good to the President of India all and every sums due to
the Government by reason of the misfeasance or negligence of the
said
. or his employees as aforesaid.
And it is hereby agreed that the said sum of Rs.
5,00,000/- (Rupees Five Lakh) only shall remain with the President of India for
twelve calendar months after the date upon which the said
. shall
cease to act as Customs Broker as security for the payment of any sums due to
the Government by any reason of any misfeasance or negligence of the
said
. or his employees which may not be discovered until after the
said 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 that the President of India may apply the above sum of Rs. 5,00,000/- (Rupees Five Lakh) only in making good
wholly or in part any short collection 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, 1962 (52 of 1962).
Signed, sealed and delivered by the above named on this day, the
of 20
in the presence of witnesses.
1.
.
2.
.
Accepted for and on behalf of the
President of India
Signature of the Commissioner of
Customs (with seal)
Date:
Form
E
[see regulation 8]
Surety Bond No
of 20
.
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 Rs. 5,00,000/-
(Rupees Five Lakh) only for payment whereof we hereby bind ourselves and each
of us binds himself and each of our heirs, executors and administrators firmly
by these presents dated this day
.
. of
.
. in the year two
thousand and
.
.
Whereas the said
. (A)
. has been authorised to
act as a Customs Broker 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 the above written bond is such that if the
said
. (A)
. both at all times whilst holding such
authorisation as aforesaid behave himself in a faithful and incorrupt manner as
regards the Customs Brokers Licensing Regulations, 2013 and the officers, and
if the said
. (A) and
. (B)
. their executors, or administrators some or one of them 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 of
the misfeasance or negligence of the said
. (A)
. have not
been paid to the President of India then the above written bond shall be void;
otherwise the same shall remain in full force and virtue.
Signed, sealed and delivered by the above named in the presence of
witnesses.
1
.
2
...
Executed before me this
of
20
Signature of the Commissioner of
Customs (with seal)
Form
F
[see regulations 6 and clause (i) of sub-regulation (6) of
regulation 17]
Customs Broker Licence No
..
Identity Card
|
M/s./Sarvashri/Shri: Designation (Proprietor, Partner, Director, Employee): Issued at: Valid upto: Name of the Customs Broker: Type of Customs Broker (Proprietorship/Firm/Pvt./Public Ltd./Others) |
Photo with signature and seal of Deputy/ Assistant
Commissioner of Customs |
Specimen signature of the Customs Broker:
I
.. have passed the
examination conducted under regulation 6 of the Customs Brokers Licensing
Regulations, 2013.
Signature of the Deputy/Assistant Commissioner of
Customs (With seal)
(Photo to be supplied by the Customs Broker)
Form
G
[see clause
(iii) of sub-regulation (6) of regulation 17]
Valid upto
.
Identity Card
|
|
Photo with signature and seal of Deputy/ Assistant
Commissioner of Customs |
Shri
of
.
having been
registered in the books of this office as an authorised employee of Shri/Sarvashri
of
.. having been authorised by him/them
to transact business at the
. Custom House on his/their behalf is
hereby permitted to do so for a period of
years with effect from
or
until the cancellation of the licence issued to his principal, whichever is
earlier.
He has passed the examination conducted under sub-regulation (6)
of regulation 17 of the Customs Brokers Licensing Regulations 2013.
Specimen Signature of employees
Name of the Customs Broker
Customs Station
Dated the
20
.
Signature of the Deputy
Commissioner/Assistant Commissioner of Customs (With seal)
(Photo to be supplied by the Customs Broker)
Form
H
[see clause
(iii) of sub-regulation (6) of regulation 17 ]
Valid upto
.
Identity-Cum-Authority Card
|
|
Photo with |
Shri
. of
..
having
been registered in the books of this office as employee of Shri/
Sarvashri /M/s
..
(Customs Broker Licence No
), for assisting the Customs
Broker or his authorised employee(s).
Specimen Signature of employees
Name of the Customs Broker
Customs Station
Dated the
20
.
Signature of the Deputy Commissioner/
Assistant Commissioner of Customs (With seal)
(Photo to be supplied by the Customs Broker)
F. No.
502/07/2013-Cus.VI