Customs Brokers Licensing Regulations, 2013
PrintListen to this Article
[To be published in the Gazette of India, Extraordinary, Part II, Sector 3, Sub- section (i)]
Government of India
Ministry of Finance
(Department of Revenue)
New Delhi, the 21st June, 2013
Notification No. 65/2013 - Customs (N.T.)
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 House Agents Licensing Regulations 2004 , except as respect things done or omitted to be done before such supersession, the Central Board of Excise and Customs hereby makes the following regulations, namely:-
|
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) |
Category : Custom | Comments : 0 | Hits : 336 CBIC extends benefits under TurantCustoms by issuing Circular No. 32/2020-Customs providing setting up of Turant Suvidha Kendra in all Customs Formations and introducing other initiatives fo... I am directed to draw your kind attention to the practice of disposal of seized/confiscated liquor lying with Customs formations. Under the extant instructions/guidelines such seized/confiscated liquo... Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs Notification No. 05/2019 Central Excise-NT New Delhi, the 21st August, 2019 G... The procedure for claiming IGST refunds is fully automated as provided under Instruction 15/2017-Cus dated 09.10.2017. It has come to the notice of the Board that instances of availment of IGST refund... - Turant Customs-Next generation reform for Ease of Doing Business - reg.  Loading next article... | |
Comments