Regulation 8 – Examination of the applicant – Customs House Agents Licensing Regulations, 2004

Customs House Agents Licensing Regulations, 2004

8    Examination of the applicant. — 

(1) Any applicant whose application is received within the last date specified in the notice or publication, as the case may be, referred to in regulation 4 and who satisfies the requirements of regulations 5 and 6, shall be required to appear for the written as well as oral examination conducted by the Director General of Inspection at specified centers and specified dates, 1[once every year], for which intimation shall be sent individually in advance before the date of examination.

Provided that an applicant who has already passed the examination referred to in regulation 8 will not be required to appear for any further examination.

(2) The applicants declared successful in written examination shall be called for oral examination.

(3) It shall be necessary for the applicant to clear written as well as oral examinations separately. An applicant who clears the written examination but fails in the oral examination linked to it, shall have to clear the oral examination within two years of the related written examination irrespective of the number of chances, and if he fails do so, he shall be treated as having failed in the examination.

(4) An applicant shall be allowed a maximum period of seven years within which he shall pass both the written and oral examinations. No further extension of time shall be granted.

(5) Notwithstanding anything contained in sub-regulation (4), any person who holds a temporary licence granted under regulation 8 of the Customs House Agents Licencing Regulations, 1984, shall be allowed to pass the examination within a period of two years from the date of commencement of these regulations.

(6) The examination may include questions on the following :-

(a) preparation of various kinds of bills of entry and shipping bills;

(b) arrival entry and clearance of vessels;

(c)) tariff classification and rates of duty;

(d) determination of value for assessment;

(e) conversion of currency;

(f) nature and description of documents to be filed with various kinds of bills of entry and shipping bills;

(g) procedure for assessment and payment of duty;

(h) examination of merchandise at the Customs Stations;

(i)  provisions of the Trade and Merchandise Marks Act, 1958 (43 of 1958), the Patents Act, 1970 (39 of 1970) and the Copy Rights Act, 1957 (14 of 1957).

(j) prohibitions on import and export;

(k) bonding procedure and clearance from bond;

(l) re-importation and conditions for free re-entry;

(m) drawback and export promotion schemes;

(n) offences under the Act;

(o) the provisions of allied Acts including the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Excise Act, 1944 (1 of 1944), Foreign Exchange Management Act, 2000 (42 of 1999), the Indian Explosives Act, 1884 (4 of 1884), the Arms Act, 1959 (54 of 1959), the Narcotics Drugs and Psychotropic Substances Act, the Drugs and Cosmetics Act, 1940 (23 of 1940), Destructive Insects and Pests Act, 1914 (2 of 1914), the Dangerous Drugs Act, 1930 (2 of 1930), in so far as they are relevant to the clearance of goods through customs;

(p) provisions of the Prevention of Corruption Act, 1988 (49 of 1988);

(p) procedure in the matter of refund of duty paid, appeals and revision petitions under the Act.

(q) on-line filing of electronic shipping bills or bills of entry and Indian Customs and Central Excise Electronic Commerce/Electronic Data interchange  Gateway (ICEGATE) and Indian Customs Electronic Data Interchange Systems (ICES).

(7) The Commissioner of Customs shall also satisfy himself whether the applicant, if he is an individual, possesses, or in the case of a firm or company, the persons who shall be actually engaged in the work relating to clearance of goods through customs on behalf of that firm or company, possess satisfactory knowledge of English and the local language of the Customs Station :

Provided that in the case of persons deputed to work exclusively in the docks, knowledge of English shall not be compulsory. Knowledge of Hindi shall be considered as [ x x x ] desirable qualification.

(8) The holders of a licence under regulation 9 may authorize any one or more of their employees or partners or directors to appear for the examination referred to in sub-regulation (1) on behalf of such holders of licence, in addition to the person of their agency who has passed the examination referred to in sub-regulation (1).

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Notes: –

1. Substituted vide notification no. 30/2010 Cus(NT) dated 8/4/2010, before it was read as, “twice every year”

2. Inserted vide notification no. 30/2010 Cus(NT) dated 8/4/2010

3. Omitted vide Notification No. 19/2013 – Customs (N.T.), Dated 06/02/2013, before it was read as:- “(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.”