Notification No. 41/2018, Dated 14 May 2018

[To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i)]

Government of India
Ministry of Finance
Department of Revenue
(Central Board of Indirect Taxes and Customs)

Notification
No. 41/2018-Customs (N.T.)

New Delhi, the 14th May, 2018

G.S.R.             (E) 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 Brokers Licensing Regulations, 2013, published vide number G.S.R. 395 (E), dated the 21st June, 2013, except as respect things done or omitted to be done before such supersession, the Central Board of Indirect Taxes and Customs hereby makes the following regulations, namely:-

1.         Short title, commencement and application. —
(1) These regulations may be called the Customs Brokers Licensing Regulations, 2018.
(2) They shall come into force on the date of publication in the Official Gazette
(3) These regulations shall apply to, a Customs Broker who has been licensed and such other persons who have been employed or engaged by a licensed Customs Broker under these regulations or the Customs House Agents Licensing Regulations, 1984 or the Customs House Agents Licensing Regulations, 2004 or the Customs Brokers Licensing Regulations, 2013.
(4) Every license granted or renewed under these regulations shall be deemed to have been granted or renewed in favour of the licensee, and no license shall be sold or otherwise transferred.

2.         Definitions.—(1)In these regulations, unless the context otherwise requires,

(a) “Aadhaar number” means an identification number issued to an individual under subsection (3) of section 3 of The Aadhaar(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016);
(b) "Act" means the Customs Act, 1962 (52 of 1962);
(c) "company" means a company as defined in the Companies Act, 2013(18 of 2013);
(d) "Customs Broker " means a person licensed under these regulations to act as an agenton behalf of the importer or an exporter for purposes of transaction of any business relating to the entry or departure of conveyances or the import or export of goods at any Customs Station including audit;
(e) "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;
(f) "Form" means the form appended to these regulations;
(g) “F card holder” means a person who has passed the examination referred to in regulation 6 and has been issued a photo identity card in Form F;
(h) “G card holder” means a person who has passed the examination referred to in regulation 13 and has been issued a photo identity card in Form G;
(i) “H card holder” means a person who has not passed the examination referred to in regulation 13 and has been issued a photo identity card in Form H;
(j) “PAN” is the Permanent Account Number issued under section 139A of the Income Tax Act, 1961(43 of 1961);
(k) “GSTIN” means a 15 digit state-wise PAN- based Goods and Services Tax Identification Number assigned at the time of issue of Goods and Services Tax registration certificate.
(l) "section" means a section of the Act.