Section 9 in Customs House Agents Licensing Regulations, 1984
9. Examination of the applicant.
(1)The holder of a temporary licence in the case of an individual and the person or persons who will be actually engaged in the work of clearance of goods through customs on behalf of the firm or company holding a temporary licence, as the case may be, shall be required to qualify in examination at the earliest opportunity. Such person or persons shall be eligible to appear in the examination as soon as a temporary licence is granted and shall be permitted to avail of the chances three within a period of 2 years from the date of issue of the temporary licence on payment of prescribed examination fee of [Rs. 500] [Substituted by M.F. (D.R.) Notification. No. 35/92-Custom (N.T.), dated 30th April, 1992.] for each examination.(2)The examination referred to in sub-regulation (1) shall include a written and oral examination and will be conducted twice every year. Each applicant would be permitted to avail of maximum of three chances to qualify in the said examination but all such chances should be availed of within a maximum period of 2 years from the date of grant of temporary licence.[Explanation. - A person who qualifies in the written examination, but fails in the oral test linked to it, shall be treated as having failed in that chance, but he will not be required to appear in the written examination in the subsequent chances.] [Inserted by M.F. (D.R.) Notification No. 5/94-Custom (N.T.), dated 28th January, 1994.](3)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 station,(i)provisions of the Trade and Merchandise Marks Act, 1958 (43 of 1958),(j)prohibitions on import and export,(k)bonding procedure and clearance from bond,(l)re-importation and conditions for free re-entry,(m)drawback,(n)offences under the Act,(o)the provisions of allied Acts including Import and Exports (Control) Act, 1947 (18 of 1947), Foreign Exchange Regulation Act, 1973 (46 of 1973); Indian Explosives Act, 1984 (4 of 19884); Arms Act, 1959 (54 of 1959); Opium Act, 1978 (1 of 1978); Drugs and Cosmetics Act, 1940 (23 of 1940); Destructive Insects and Pests Act, 1914 (2 of 1914); Dangerous Drugs Act, 1930 (20 of 1930) in so far as they are relevant to the clearance of goods through customs,(p)procedure in the matter of refund of duty paid, appeals and revision petitions under the Act.(4)The [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word 'Collector'.] shall also satisfy himself whether the licence in Form B, if he is an individual, possesses, or in the case of a firm or company, the persons who will 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 will not be compulsory. Knowledge of Hindi will be considered as an addition or desirable qualification.(5)[ The holders of a regular licence under regulation 10 may authorise one of their employees or partners or directors, to appear for the examination referred to in sub-regulation (1), on behalf of such holders of regular licence in addition to the person of their agency who has passed the examination referred to in sub-regulation (1).] [Inserted by M.F. (D.R.) Notification. No. 71/97-Custom (N.T.), dated 19th December, 1997.]
