Surrender
of Registration and Validity of Registration Included in Courier Imports and Exports
(Clearance) Regulations, 1998
[Notification No. 86/2021-Customs (N.T.)
dated 27 October 2021]
G.S.R
. (E). - In exercise of the powers conferred by section 157 read with section 84 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 Courier Imports and Exports
(Clearance) Regulations, 1998, namely: -
1.
Short title and commencement. - (1) These regulations may be called
the
Courier Imports and
Exports (Clearance),
Amendment, Regulations, 2021.
(2) They
shall come into force on the date
of their publication
in the Official
Gazette.
2.
In the Courier Imports and
Exports (Clearance) Regulations, 1998, -
(1) in regulation
10, sub-regulations (2) and (3) shall be omitted;
(2) after regulation 10, the following regulations shall be inserted,
namely: -
10A.
Surrender of registration.
(1) An Authorised Courier may surrender the registration through an application in writing to the
Principal
Commissioner of Customs or Commissioner of Customs who has granted the registration, as the case may be.
(2) On receipt of
the application under
sub-regulation (1),
the Principal Commissioner
of Customs or Commissioner of
Customs, as the case may be,
may revoke the registration if,-
(a) the Authorised Courier has paid all dues payable to the Central
Government under the Act and the rules
or regulations made thereunder; and
(b) no
proceedings
are pending
against the Authorised
Courier under the Act or the rules or regulations made thereunder.
10B. Validity of registration. (1) A registration shall be valid unless and until
revoked under these regulations.
(2)
Notwithstanding anything contained in sub regulation
(1), where an
Authorised Courier is found to be
inactive for a period of one year, the registration shall be
deemed to be invalid from the first day after
expiry of the said period of one year.
Explanation: - For the purposes of this regulation
the expression inactive refers to an Authorised Courier who does not transact any business pertaining to
Customs during a continuous period of one year
excluding the period for which
the registration has been suspended under regulation 14 and the continuous
period of one year shall be computed for
the first time with effect from the date
of coming into force of the Courier Imports and Exports (Clearance),
Amendment, Regulations, 2021.
(3)
Within a period of ninty days from the first day of deemed invalidation, the Authorised Courier may submit an application in Form -A1 along with fee of
fifteen thousand rupees, to the Principal Commissioner of Customs or Commissioner of Customs who has granted the registration, as the case may be,
for renewal
of the registration.
(4) Subject to regulation 10 and within one month of receipt of the application in
Form- A1 along with fee of fifteen thousand rupees, the Principal Commissioner of
Customs or Commissioner
of Customs, as the case may be, may renew the
registration after satisfying himself that the performance of the Authorised
Courier has been satisfactory with reference to the absence
of any complaints of
misconduct including non-compliance of any of the obligations specified in
regulation 13 and the applicant is otherwise eligible for grant of registration under regulation
10.;
(3) after Form A, the following
form shall be inserted, namely: -
"FORM A1
[see regulation 10B]
To
The Principal Commissioner/Commissioner of Customs,
(Address)
Subject: Application for
renewal of deemed invalidated registration of
Authorised Courier
under
the Courier Imports and Exports (Clearance) Regulations,
1998.
Sir / Madam,
I/We, the undersigned hereby submit
the following details for renewal of registration, which has been invalidated due to inactivity of more
than 1 year, under the Courier Imports
and Exports (Clearance) Regulations,
1998 namely: -
1. Name
and
complete address of the Authorised Courier:
2. Name
of Customs station
where registered:
3. Registration No. and
date:
(Enclose
copy of registration)
4. Date
of deemed invalidation:
5. Quantity and value of goods cleared as Authorised
Courier during validity of registration:
6.
Has the applicant paid all dues payable to the Central Government under the provisions of the Customs Act, rules
or regulations made thereunder? (Yes/No):
7.
Whether bond and security executed under regulations 11 and 12 are still valid? (Yes/No):
8.
Is there a change in the name and Permanent Account Numbers (PAN) of Proprietor,
Partners of the partnership firm, Directors of the Company or the persons in charge in case of other category, as the case may be? (Yes/No):
9.
If Yes, details thereof:
10. Is there any change in any other particular(s) submitted previously
with the registration
application (Form-A)? (Yes/No):
11. If Yes, details thereof:
12. Reason
for renewal:
13. Whether the applicant or
any
of the persons employed or proposed to be employed
by him have been penalized, convicted or prosecuted under any of the provisions of the Customs Act,1962 (52 of 1962) or any other law for the time being in force? (Yes/No)
14. If Yes, details thereof:
15. Declaration:
I am / We are
authorised to make the
following
declarations, namely: -
(i) I / We declare that
all
particulars given herein are true and correct.
(ii) I / We hereby affirm that I/we have read the Courier Imports and Exports (Clearance) Regulations, 1998 and agree to abide
by them.
(iii) I / We hereby undertake to intimate any change in respect of the information
provided in the aforesaid application
within a period of thirty days.
Signature and name of the applicant(s)
or authorised
signatory
Encl: Copy of
registration
Date: ....................
Place:
................... ".
[F. No. 451/22/2020-Cus.V]