Hindi is a desirable qualification but not an additional one- changes in CHA Licensing regulations
The Custom House Agents licensing regulations have been amended. Somebody in the Board had been reading these regulations recently and observed some infirmities. The following are the changes:-
Regulation | Existing | Amendment |
|---|---|---|
4 | The Commissioner may invite applications for the grant of such number of licences as assessed by him, to act as Customs House Agents in the month of January every year by means of a notice affixed on the notice board of each Customs Station as well as through publication in at least two newspapers having circulation in the area of his jurisdiction specifying therein the last date of receipt of application. Such application shall be for clearance work within the jurisdiction of the said Commissioner | “two newspapers, one in English and the other in vernacular language having wide circulation in the area of his jurisdiction |
5(1) | An application for a licence to act as a Custom House Agent in a Customs Station shall be made in Form A | in the form of letter to the jurisdictional Commissioner of Customs, containing details as specified in Form A The regulations have not specified earlier as to whom the application is to be given. The heading for the form was “Application Form for Grant of Custom House Agents License --------------”. Now the heading is “Particulars to be Furnished for Grant of Custom House Agents License ------------“. |
8(7) proviso | Provided that in the case of persons deputed to work exclusively in the docks, knowledge of English shall not be compulsory. Knowledge of Hindi shall be considered as an additional or desirable qualification. | additional or omitted Now Hindi is not an additional qualification, but it is still a desirable qualification. |
9(3) | The Commissioner of Customs may reject an application for the grant of licence to act as Customs House Agent if the applicant is involved in fraud or forgery, or any criminal proceedings are pending before any court of law against him or he has been convicted in any court of law. | 'convicted of' instead of 'involved in' So mere involvement is not enough |
9(6A) | does not exist. | “(6A.) An appeal filed by an applicant under sub-regulation (4) shall be decided by the Chief Commissioner of Customs or the Chief Commissioner of Customs and Central Excise, as the case may be, with in a period of one year from the date on which such appeal is filed For the first time, a time limit is fixed for the Chief Commissioner to decide an appeal. But why should the Chief Commissioner need one year to decide the appeal. |
10(1) | Before granting a licence under regulation 9, the Commissioner of Customs shall require the applicant to enter into a bond in Form D and, if necessary, a surety bond in Form E for due observance of these regulations and shall also require him to furnish a bank guarantee, postal security or National Savings Certificate in the name of the Commissioner of Customs for an amount of Rs. 50,000/- for carrying out of business as a Customs House Agent. | The amount is now Rs. 75,000/- |
14 | Change in directors of company, etc. — In case a company holding a licence under regulation 9 undergoes any change in the directors, or managing director, such change shall forthwith be communicated by such licensee to the Commissioner of Customs. | such change shall be communicated by such licensee to the Commissioner of Customs within a period of sixty days of such change |
Notification No. , dated 7-11-2005