Public Notice NO. 5/2004

Public Notices

OFFICE OF THE COMMISSIONER OF CUSTOMS
C.R.BUILDING : QUEENS ROAD
POST BOX NO 5400
BANGALORE-1

PUBLIC NOTICE NO. :- 34 / 2006

Dated. 02 - 03 - 2006.

Sub :- Customs House Agents Licensing Regulation, 2004 - Inviting application for grant of New CHA Licenses - Reg.

1> Applications are invited for grant of New Customs House Agent licences in terms of Regulation 4 of the Customs House Agents Licensing Regulations, 2004 (CHALR, 2004) by this Commissionerate.

2. > An application for a licence to act as a Customs House Agent in Bangalore Customs House shall be made in the form of letter to the Commissioner of Customs, Bangalore containing details as specified in Form “A” (enclosed) and shall, inter alaia contain the name and the address of the person applying and

i) if the applicant is a firm -

a) the name and address of every partner of the firm, the firm’s name and

b) the name of the partner or the duly authorized employee, who will actually be engaged in the clearance of goods or conveyance through the customs

ii) If the applicant is a company

a) the name of each director, managing director, manager and

b) the names of director, managing director, manager or the duly authorized employee, who will actually be engaged in the clearance of goods or conveyances through the customs

3.> The applicant referred to in clause (b) of para 2(i) and 2 (ii) above, as the case may be or a person who has passed the examination referred to in regulation 8, shall prove to the satisfaction of the Commissioner of Customs, that

(a) the applicant or his authorized employee, is a graduate from a recognized University and possesses a professional degree viz., CA/MBA/L.L.B/Diploma in Customs Clearance work from any Institute or University recognised by the Government with a working knowledge of computers and customs procedures.

is a graduate having at least three years experience in transacting Bangalore Customs House Agents Work as a G Card holder.

a person who has passed the examination referred to in regulation 8

is a retired Group A officer from the Indian Customs and Central Excise Service (IC&CES) having a minimum of ten years experience in Group A.

(b) The applicant has financial viability supported by a certificate issued by a Scheduled Bank or such other proof acceptable to the Commissioner of Customs evidence possession assets of value of not less than Rs. 2 lakhs.

(c) The applicant is a citizen of India

4.> The applicants who qualify for grant of a liecence under regulation 9 of CHALR’2004 shall be required to submit the following before a licence is actually granted.

i) A bond in Form D and a surety bond in Form E for due observance of these regulations as per Reg 10 of CHALR/04

ii) A bank guarantee, postal security or national savings certificate in the name of the Commissioner of Customs for an amount of Rs.75,000/- for carrying out of a business as a Customs House Agent as per Reg 10 of CHALR’ 04.

iii) CHA licence fee of Rs.5,000/- paid in TR – 6 challan as per Reg 9 of CHALR’ 04

5.> The last date for receipt of application is 20.03.2006.

6.> For further details contact: -

Assistant Commissioner of Customs (Technical)

Bangalore Customs Commissionerate

Bangalore

Phone No. 080 (22864475)

                                                                                                                   Sd/-

(P.R.CHANDRASEKHARAN)

COMMISSIONER OF CUSTOMS

BANGALORE

Issued from file C.No. VIII/13/23/2004 Cus.Tech

Copy to

1. As per mailing list

2. Superintendent of Customs (EDI)

3. Guard File, Technical Section

4. All Customs House

The above P.N is available on Customs Commissionerate Web-site

http://www.kar.nic.in/blrcustoms/

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Form – A
[see regulation 5 (1)]

Particulars to be furnished for Grant of Custom House Agent’s License under
Section 146 of the Customs Act, 1962

1. Name of the applicant. (in case the applicant is a firm or a company, the names of each of the partners of the firm or the directors of the company, as the case may be):-

2. Full address of the applicant. (in case of the applicant is a firm or a company, the name of each of the partners of the firm or the directors of the company, as the case may be):-

3. In case the applicant is affirm or a company, the name's) of its partner/partners or director/directors or duly authorized employees who will actually be engaged in the work as Custom House Agents.

4. In case it is desired to appoint clerk's), the name and address of the clerk's):-

5. Educational qualification of each of the persons, who will actually be engaged in the work as Customs House Agent (including proof of working knowledge of computers):-

6. Particulars regarding knowledge of English, local language and Hindi (these particulars are required in respect of each of the persons actually engaged in the work as Customs House Agent).

7. Particulars regarding knowledge of Customs Law and procedure. (These particulars are required in respect of each of the persons actually engaged in the work as Customs House Agent).

8. Whether the applicant had earlier applied for a license to act as Customs House Agent and whether such application was rejected.

9. Whether he or the firm or company by whom he is employed have earlier held a Custom House Agent’s License under these Regulations and whether it was cancelled or suspended.

10. Whether the applicant or any of the persons proposed to be employed by him have been penalized, convicted or prosecuted under any of the provisions of the Customs Act, 1962 (52 of 1962) or any other law for the time being in force:

11. Number and date of each of the documents furnished in accordance with regulation 5.

I/We hereby affirm the I/we have read the Customs House Agent’s Licensing Regulations, 2004 and agree to abide by them.

Date:

Signature of applicant's

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FORM – D
[see regulation 10]

BOND No……………………………………… of …………………….. 20……… Know all men by these present that we are held and firmly bound to the President of India in the sum of Rs……………….. for payment whereof we hereby bind ourselves, and each us bind himself and each of our heirs, executors and administrators firmly by these presents dated this …………………… day of ………………… in the year two thousand…………….

Whereas the said……………….. has been authorized to act as a Custom House Agent under Section 146 of the Customs Act, 1962 (52 of 1962), and the said ………………… has agreed to enter into this bond as required by the Custom House Agent Licensing Regulations 2004 (thereafter referred to as the said Regulations).

And whereas the said ……………… has deposited the sum of (rupees seventy five thousand) only with the President of India as security for his faithful behavior and that of his clerks as regard the said Regulations.

Now the condition of the above written bond is such that if the said……………………………. and his clerks do at all times, whilst holding, such licence as aforesaid, behave themselves in a faithful manner as regards the said Regulations and if the said…………………. and their executors or administrators do at all times make good to the President of India all and every sums of money which being due to the Government shall be reason of the misfeasance or negligence of the said………………… or of his clerks have not been paid to the President of India then the above written bond shall be void; otherwise the same shall be and remain in full force and virtue and it is hereby agreed and declared that the President of India may apply the said sum of Rs. 75,000/- (rupees seventy five thousand) only deposited as aforesaid in making good to the President of India all and every sums due to the Government by reason of the misfeasance or negligence of the said……………………………. or his clerks as aforesaid.

And it is hereby agreed that the said sum of Rs. 75,000/- (rupees seventy five thousand) only shall remain with the President of India for twelve calendar months after the date upon which the said…………… shall cease to act as Custom House Agent as security for the payment of any sums due to the Government by any reason of any misfeasance or negligence of the said …………. or his clerks which may not be discovered until after the said date and that this bond shall be and remain in full force and virtue until the expiration of the said term of twelve months. It is also agreed and declared that the President of India may apply the above sum of Rs. 75,000/- (rupees seventy five thousand) only in making good wholly or in part any short collection of duty or other charges in respect of any transaction made by the said…………………… on behalf of importers or exporters in the event of such sums remaining unpaid, even after issue of demands under section 28 of the Customs Act, 1962.

Signed, sealed and delivered by the above named in the presence of witnesses.

Accepted for and on behalf of the President of India

1. …………………….

2. …………………….

Signature of the Commissioner of Customs
(with seal)