Union of India - Act
The Customs Brokers Licensing Regulations, 2013
UNION OF INDIA
India
India
The Customs Brokers Licensing Regulations, 2013
Rule THE-CUSTOMS-BROKERS-LICENSING-REGULATIONS-2013 of 2013
- Published on 21 June 2013
- Commenced on 21 June 2013
- [This is the version of this document from 21 June 2013.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these regulations, unless the context otherwise requires, -3. Customs Brokers to be licensed.
- No person shall carryon 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 -4. Invitation of application.
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:-6. Examination of the applicant.
7. Grant of licence.
8. Execution of bond and furnishing of security.
9. Period of validity of a licence.
10. Licence not transferable.
- Every licence granted or renewed under these regulations shall be deemed to have been granted or renewed in favour of the licensee, and no licence shall be sold or otherwise transferred.11. Obligations of Customs Broker.
- A Customs Broker shall-12. Change in directors of company etc.
- In case a company holding a licence under regulation 7 undergoes any change in the directors, or managing director, such change shall forthwith be communicated by such licensee to the Commissioner of Customs within one month of such change.13. Change in constitution of any firm or a company.
14. Change in the constitution of a concern.
15. Engagement of persons qualified in the examination referred to in regulation 6, etc.
16. Inspection of accounts.
- All records and accounts that are required to be maintained under these regulations shall be preserved for at least five years and shall be made available at any time for inspection of officers authorised for this purpose.17. Employment of persons.
18. Revocation of licence or imposition of penalty.
- The Commissioner of Customs may, subject to the provisions of regulation 20, revoke the licence of a Customs Broker and order for forfeiture of part or whole of security, or impose penalty not exceeding fifty thousand rupees on a Customs Broker on any of the following grounds, namely :-19. Suspension of licence.
20. Procedure for revoking licence or imposing penalty.
21. Appeal by Customs Broker.
- A Customs Broker, who is aggrieved by any order passed by the Commissioner of Customs under these regulations, may prefer an appeal under section 129A of the Act to the Customs, Central Excise and Service Tax Appellate Tribunal established under sub-section (1) of section 129 of the Act.22. Penalty.
- A Customs Broker, who contravenes any provisions of these regulations or who fails to comply with any provision of these regulations shall be liable to a penalty which may extend to fifty thousand rupees.23. Prohibition.
- Notwithstanding anything contained in these regulations, the Commissioner of Customs may prohibit any Customs Broker from working in one or more sections of the Customs Station, if he is satisfied that such Customs Broker has not fulfilled his obligations as laid down under regulation 11 in relation to work in that section or sections.24. Membership of associations.
- Each Customs Broker shall enroll himself as a member of the Customs Brokers Association, if there is one registered in the Customs Station and recognised by the Commissioner of Customs.Form-A[see sub-regulation (1) of regulation 4]Application Form for Grant of Customs Broker's Licence under section 146 of the Customs Act, 1962| 1 | Name of the applicant :- |
| 2 | Full address of the applicant:- |
| 3 | Names and address of each of the partners ofthe firm or the directors of the company, as the, case may be, incase the applicant is a firm or a company :- |
| 4 | Name(s) of its partner/partners ordirector/directors who will actually be engaged in the work asCustoms Broker, in case the applicant is a firm or a company:- |
| 5 | Educational qualification of each of the persons, who may beengaged as Customs Broker:- |
| Declaration: | |
| (a) | I have working knowledge of English/local language (.............. ) /Hindi. |
| (b) | I have not earlier applied for a licence to actas Customs Broker and no such application was rejected/accepted. |
| (c) | The firm or company by whom the undersigned isemployed have earlier held a Customs House Agent or CustomsBroker's Licence under Customs House Licensing Regulation, 1984or Customs House Licensing Regulation, 2004 or these regulationsand it was cancelled or suspended/not cancelled or suspended. |
| (d) | The undersigned / the person proposed to beemployed by me have been/have not been penalised, convicted orprosecuted under any of the provisions of the Customs Act, 1962(52 of 1962), the Central Excise Act 1944 (1 of 1994), and theFinance Act, 1944. |
| S.No. | Educational | Financial |
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| 3. | ||
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| Name of person(s) | Specimen Signature(s) | |
| 1. | _____________________ | _____________________ |
| 2. | _____________________ | _____________________ |
| 3. | _____________________ | _____________________ |
| 4. | _____________________ | _____________________ |
| 5. | _____________________ | _____________________ |
1. not sell or transfer licence to any other person.
2. obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as Customs Broker and produce such authorisation whenever required by the Deputy Commissioner or Assistant Commissioner of Customs.
3. transact business in the Customs Station either personally or through an employee duly approved by the Deputy Commissioner or Assistant Commissioner of Customs, designated by the Commissioner of Customs.
4. in the event of the licence being lost, report the same immediately to the Commissioner of Customs.
5. ensure that he discharges his duties as Customs Broker with utmost speed and efficiency and without any delay.
6. comply with the obligations specified in regulation 11 of the Customs Brokers Licensing Regulations, 2013.
| 1. | Name of the Customs Broker: |
| 2. | Full address of the Customs Broker:- |
| 3. | Customs Broker Licence No. and Custom House of issue:- |
| 4. | Name and address of each of the partners of the firm or thedirectors of the company, as the case may be, in case theapplicant is a firm or a company :- |
| 5. | Name(S) of its partner/partners or director/directors Whowill actually be engaged in the work as Customs Brokers, in casethe applicant is a firm or a company:- |
| 6. | Educational qualifications of each of the persons, who willactually be engaged in the work as Customs Broker:- |
1. ...................
2. ...................
Accepted for and on behalf of the President of IndiaSignature of the Commissioner of Customs(with seal)Date:Form-E[see regulation 8]Surety Bond No....... of 20......Know all men by these presents that we .............. (A)............. and ................ (B)................ are held and firmly bound to the President of India in the sum of Rs. 5,00,000/- (Rupees Five Lakh) only for payment whereof we hereby bind ourselves and each of us binds himself and each of our heirs, executors and administrators firmly by these presents dated this day............ of .................. in the year two thousand and ........................Whereas the said ................... (A)................... has been authorised to act as a Customs Broker under section 146 of the Customs Act, 1962 (52 of 1962) and the said ................... (B) .................... has agreed to enter into this bond as required by rules made under the said section:Now the condition of the above written bond is such that if the said .................... (A)............... both at all times whilst holding such authorisation as aforesaid behave himself in a faithful and incorrupt manner as regards the Customs Brokers Licensing Regulations, 2013 and the officers, and if the said ................... (A) and .................. (B).................. their executors, or administrators some or one of them do, and shall at all time make good to the President of India all and every sums of money which being due to the Government shall by reason of the misfeasance or negligence of the said ..................... (A) ................ have not been paid to the President of India then the above written bond shall be void; otherwise the same shall remain in full force and virtue.Signed, sealed and delivered by the above named in the presence of witnesses.1. .......................
2. .......................
Executed before me this ................. of ............ 20...Signature of the Commissioner of Customs(with seal)Form-F[see regulations 6 and clause (i) of sub-regulation (6) of regulation 17]Customs Broker Licence No.................Identity Card| Photo with signature and seal of Deputy/ Assistant Commissioner of Customs |
| Photo with signature and seal of Deputy/ Assistant Commissioner of Customs |
| Photo with signature and seal of Deputy/ Assistant Commissioner of Customs |