The Courier Imports and Exports (Electronic Declaration and Processing) Regulations - Board Instructions
RULE 13(1) of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 reads as:
13. Suspension or revocation of registration of authorised courier. – (1) The Commissioner of Customs may revoke the registration of an Authorised Courier and also pass an order for forfeiture of security on any of the following grounds namely:-
(a) failure of the Authorised Courier to comply with any of the conditions of the bond executed by him under regulation 11;
(b) failure of the Authorised Courier to comply with any of the provisions of these regulations;
(c) misconduct on the part of Authorised Courier whether within the jurisdiction of the said Commissioner or anywhere else, which in the opinion of the Commissioner renders him unfit to transact any business in the Customs airport:
Provided that no such revocation shall be made unless a notice has been issued to the Authorised Courier informing him the grounds on which it is proposed to revoke the registration and he is given an opportunity of making a representation in writing and a further opportunity of being heard in the matter, if so desired:
Provided further that, in case the Commissioner of Customs considers that any of such grounds against an Authorised courier shall not be established prima facie without an inquiry in the matter, he may conduct an inquiry to determine the ground and in the meanwhile pending the completion of such inquiry, may suspend the registration of the Authorised Courier:
Provided also that if no ground is established against the Authorised Courier, the registration so suspended shall be restored.
These Regulations have been scrutinised by Committee of Subordinate Legislation, Lok Sabha. The suggestions given by Committee have been examined by the Board. Accordingly, it is decided that inquiry in terms of proviso 2 to Regulation 13(1) of the said Regulations should be completed within a period of three months from the order of suspension.
CBEC Instruction in F.No.450 /54/2008- Cus. IV; Dated February 09, 2011