Amendments
in CHA Licensing Regulations 2004
[Customs Notification 30 (Non Tariff) dated 8th
April 2010]
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 and Customs hereby makes the following regulations,
to amend the Customs House Agents Licensing Regulations, 2004, namely:-
1. (1) These regulations may be called the
Customs House Agents Licensing (Amendment) Regulations, 2010.
(2) They shall come into force on the day of their publication in the
Official Gazette.
2. In the Customs House Agents Licensing Regulations, 2004,
(hereinafter referred to as the said Regulation), -
(i) in regulation 8,
(a) in sub-regulation (1) for the words “twice
every year”, the words “once every year”, shall be substituted;
(b) after sub-regulation (8), the following
shall be inserted, namely:-
“(9) Notwithstanding
anything contained in these regulations, any person who had passed the
examination conducted in regulation 9 of the Customs House Agents Licensing Regulation,
1984, and has not yet been granted license under these regulations, upon
declaring successful in a written examination conducted on the following
subjects, shall be deemed to have passed the examination referred to in
regulation 8 for the purpose of these regulations.
(a) The Patents Act, 1970 and Indian Copyright Act, 1957;
(b) Central Excise Act, 1944;
(c) Export promotion schemes;
(d) Procedure on appeal and revision petition;
(e) Prevention of Corruption Act, 1988;
(f) Online filing of electronic Customs declarations;
(g) Narcotic Drugs and Psychotropic Substances Act, 1985; and
(h) Foreign Exchange Management Act, 1999.”;
(ii) in regulation 13, after sub-regulation
(n), the following shall be inserted, namely:-
“(o) 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.”;
(iii) in regulation 20,
(a) in sub-regulation (2), for the words
“suspend the licence”, the words “within fifteen days
from the date of receipt of a report from investigating authority, suspend the licence”, shall be substituted;
(b) after sub-regulation (2), the following
sub-regulation shall be inserted, namely:-
“(3) Where a licence is suspended under sub-regulation (2),
notwithstanding the procedure specified under regulation 22, the Commissioner
of Customs may, within fifteen days from the date of such suspension, give an
opportunity of hearing to the Customs House Agent 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 House Agent.”;
(iv) in regulation 22,
(a) in sub-regulation (1) for the words “stating the grounds on which
it is proposed to suspend or revoke the licence and
requiring the said Customs House Agent to submit, within such time as may be
specified in the notice, not being less than forty-five days”, the words
“within ninety days from the date of receipt of offence report, stating the
grounds on which it is proposed to suspend or revoke the licence
and requiring the said Customs House Agent to submit within thirty days” shall
be substituted;
(b) after sub-regulation (1), the
following proviso shall be inserted, namely:-
“Provided that the procedure
prescribed in regulation 22 shall not apply in respect of the provisions
contained in sub-regulation (2) to regulation 20.”
(c) in sub-regulation (5), for the words “his
findings.”, the words “his findings and submit his report within ninety days
from the date of issue of a notice under sub-regulation (1).” shall be
substituted;
(d) in sub-regulation (6), for the words
“sixty days”, the words “thirty days”, shall be substituted;
(e) in sub-regulation (7), for the words “as he deems fit.”, the words
“as he deems fit 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).”, shall be substituted.