Notification No. 85/1984, Dated 19th March 1984

CUSTOMS HOUSE AGENTS LICENSING REGULATIONS,1984
Notification No. 85-Cus., dated 19-3-1984 as amended Notification No. 230/86-Cus., dated 3-4-1986 as amended by Notification No. 240/84-cus., dated 17-9-1984, No. 74/91-Cus. (N.T.) dated 15-11-1991, No. 35/92-Cus.(N.T.) dated 5-5-1994, No. 44/97-Cus.(N.T.), dated 15-9-1997, No. 71/97-Cus.(N.T.), dated 19-12-1997, No. 29/99-Cus.(N.T.), dated 11-5-1999

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 & Customs hereby makes the following regulations, namely :-

1. Short title and commencement. — (1) These regulations may be called the Customs House Agents Licensing Regulations, 1984.

(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) "Custom House Agent" 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" have the meanings respectively assigned 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 a form appended to these regulations;

    (f) "section" means a Section of the Act;

    (g) The expressions "Commissioner" and "Customs Station", shall have the same meanings as in the Customs Act, 1962 (52 of 1962).

3. Licence where not required. — 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

    (c) an agent employed for one or more vessels in order solely to enter or clear such vessels for work incidental to his employment as such agent.

4. Invitation of application. — The Commissioner may invite applications for the grant of such number of licences as assessed by him, to act as Customs House Agents in the month of January every year by means of a notice affixed on the notice board of each Customs Station as well as through publication in at least two newspapers having circulation in the area of his jurisdiction specifying therein the last date of receipt of application. Such application shall be for clearance work within the jurisdiction of the said Commissioner.

5. Application for licence. — (1) An application for a licence to act as a Custom House Agent in a Customs Station shall be made in Form A and shall inter alia contain the name and the address of the person applying; and

(2) If the applicant is a firm —

    (a) the name and address of every partner of the firm, the firm's name, and
(b) the name of the partner or the duly authorised employee, who will actually be engaged in the clearance of goods or conveyances through the customs.
(3) If the applicant is a company -
    (a) the name of each director, manager, managing director, and 
    (b) the names of director, manager or the duly authorised employee, who will actually be engaged in the clearance of goods or conveyances through the customs.
6. Conditions to be fulfilled by the applicant. — The applicant or the person referred to in clause (b) of sub-regulations (2) and (3) of Regulation 5 as the case may be, shall prove to the satisfaction of the Commissioner that:
(a) the applicant is a graduate from a recognised University and is an employee of a licensee and that he possesses a permanent pass in Form G prescribed under regulation 20 and has the experience of work relating to clearance of goods through the Customs, for a period of not less than three years in the capacity of such a passholder :

Provided that the Commissioner ma

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