Regulation 9 – Grant of licence – Customs House Agents Licensing Regulations, 2004

Customs House Agents Licensing Regulations, 2004

9. Grant of licence. — (1) The Commissioner of Customs shall on payment of a fee of Rs. 5,000/- grant a licence in Form B [See Customs Series From No. 48 in Part 5] to an applicant who has passed the examination referred to in regulation 8.

(2) The Customs House Agents who are granted licences under sub-regulation (1) shall be eligible to work in all Customs Stations within the country subject to intimation in Form C [See Customs Series Form No. 49 in Part 5] to the Commissioner of Customs of the concerned Customs Station where he intends to transact business. No separate licence shall be required in places where in addition to a Customs House handling imports by sea, there is also an International airport to handle imports by air, even if under the jurisdiction of a different Commissioner of Customs.

(3) The Commissioner of Customs may reject an application for the grant of licence to act as Customs House Agent if the applicant is [convicted of] fraud or forgery, or any criminal proceedings are pending before any court of law against him or he has been convicted in any court of law.

(4) Any applicant aggrieved by the order of the Commissioner of Customs passed under sub-regulation (3) may appeal to the Chief Commissioner of Customs or Chief Commissioner of Customs and Central Excise, as the case may be, within a period of thirty days from the communication of such order.

(5) The Chief Commissioner of Customs or the Chief Commissioner of Customs and Central Excise, as the case may be, may, on his own motion or otherwise, call for and examine the records of any proceedings in which the Commissioner of Customs has passed the order under sub-regulation (3) for the purpose of satisfying himself as to the legality, propriety or correctness of such order and may pass such other orders as he may deem fit. No order under this sub-regulation shall be made so as to prejudicially affect any person unless such person is given reasonable opportunity for making a representation and being heard in his defense, if he so desires.

(6) No order shall be made under sub-regulation (5) in relation to an order passed by Commissioner of Customs under sub-regulation (3) or sub-regulation (1), as the case may be, after the expiry of one year from the date on which such order was passed by the Commissioner of Customs.

[(6A.)  An appeal filed by an applicant under sub-regulation (4) shall be decided by the Chief Commissioner of Customs or the Chief Commissioner of Customs and Central Excise, as the case may be, with in a period of one year from the date on which such appeal is filed.]