Customs House Agents Licensing Regulations- CBEC clarifies
Board has issued certain clarifications regarding CHA licences:-
Renewal of licence for 10 years:
The complaint is that renewal is not given for ten years but shorter periods like six month sunder the pretext of some Show Cause Notice. Board has now observed that there are sufficient powers provided to the Commissioner, to immediately suspend any errant CHA in deserving cases. Hence, it does not appear to be correct to extend the renewal for shorter period instead of extending for 10 years as provided in the regulations in cases where SCN has been issued.
And has clarified that renewal of Custom House License in all cases should be given for a period of 10 years.
Refund of deposit upon cancellation / surrender
Board has reiterated that in cases where the CHAs are surrendering the licences in the Customs stations, other than the one in which they had preferred as the main place of business for the purpose of single common CHA under the present regulations, the Custom House should return the security executed by CHA under earlier regulations for obtaining licence at individual locations. Further, as per the above said clarification such an enhanced amount will apply to only for fresh cases where CHA licence has been applied for in terms of the provisions of regulation 9(2). Calling for records and inspection of accounts Board has clarified that field formations, wherever feasible, should specifically mention the purpose or grounds under which the records are sought from the CHA or the specific records which are being required shall be mentioned in the letter issued by field formations.
Employment of persons by CHA licence holder
Board has clarified that the restriction on employment of person with prior approval by CHA licence holder applies only in respect of persons who would assist in his work as CHA and not to general staff or other persons employed by CHA.
F. No. VIDated: June 8, 2007