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 jurisdicationover 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) 

Posted By: Vinay Sharma | Category : Custom | Comments : 0 | Hits : 950