Inviting Applications for New CHA Licences

The following public Notice was issued by the Commissioner of Customs (General) New Custom House, Mumbai on 15th June 2011.

[Customs Public Notice No. 46 dated 15th June 2011]

Sub:- Inviting applications for grant of new Custom House Agent Licences under the Custom House Agents Licensing Regulations, 2004.

Applications are invited for grant of new Custom House Agents Licence in terms of Regulation 4 of the Custom House Agents Licensing Regulations, 2004 (hereinafter referred to as CHALR, 2004). In terms of the provisions contained therein, applications shall be made in the prescribed proforma, for grant of Licence under Regulation 9(1) of CHALR, 2004 to act as Custom House Agent within the jurisdiction of the Chief Commissioners of Customs, Mumbai Zone – I, II & III.

2. The applications shall be made in the form of a letter to the Commissioner of Customs (General), Mumbai containing all details as specified in Form ‘A’ (Public Notice & Forms available on http://www.mumbaicustoms.gov.in) in terms of Regulation 5 of CHALR, 2004, which shall inter-alia contain the name and the address of the person applying, and

(i) If the applicant is a proprietorship concern:-

(a) the name & address of the proprietor and name and office address of the proprietorship concern.

(ii) If the applicant is a firm:-

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

(b) the name of the partner or the duly authorized employee, who will actually be engaged in the clearance of goods or conveyances through the Customs.

(iii) If the applicant is company:-

(a) the name of each Director, Managing Director, Manager and name and office address of the company, 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 sub-clause (a) of clause (i) and sub-clause (b) of clause (ii) & (iii) of para 2 above, as the case may be, shall be a person who has passed the examination referred to in Regulation 8 of CHALR 2004 from Mumbai Customs and shall prove to the satisfaction of the Commissioner of Customs (General), that:

a) the applicant is a citizen of India.

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 (General) evidencing possession of assets of value not less than Rs 2 lakhs.

4. The applicants are required to furnish the following with the applications:

(i) Result of the written & oral examination held under Regulation 8 of CHALR.

(ii) Educational qualifications certificate

(iii) Certificate regarding computer knowledge

(iv) Passport / Voters ID / Driving Licence as residence proof.

(v) PAN card of the proprietorship concern / partnership firm / company.

(vi) Lease/Sale agreements, landline telephone/electricity bill as proof of office premises from where the business will be transacted.

(vii) Certificate of incorporation, Memorandum & Articles of Association in case of company

(viii) Registration certificate & Partnership deed in case of partnership firm.

(ix) Power of Attorney to the Regulation 8 qualified person(s) who will transact business.

5. The applicants who qualify for grant of a licence under Regulation 9(1) of CHALR, 2004 shall be required to submit the following before the licence is actually granted:

i) A bond in Form ‘D’ and a surety bond in Form ‘E’ for Rs 75,000/- in due observance of Regulations 10 of CHALR, 2004.

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 the business as a Custom House Agent as per Regulation 10 of CHALR, 2004.

iii) CHA Licence fee of Rs 5,000/- paid in TR-6 Challan as per Regulation 9 of CHALR, 2004.

iv) Booklet fee of Rs 100/- paid in TR-6 Challan.

*If the applicant furnishes postal security or National Savings Certificates, the same shall be pledged in the name of the Commissioner of Customs and the applicant shall get the benefit of the interest accruing on it.

6. The applicant shall also submit a Bio-data regarding their past experience in respect of the Proprietor / all Partners / Directors and nominated Regulation 8 qualified candidates showing complete details of service for the past twenty years (or as applicable) including the service as / with a Custom House Agent, if any.

7. The applicants should also declare separately whether they are presently holding any CHA Licence at Mumbai / elsewhere or are Partners / Directors in a firm / company holding CHA Licence at Mumbai / elsewhere. If so, full details of the same should be given separately alongwith the application. If not, a specific declaration for the same should be given separately. Particulars of holding any CHA Licence in the past and reasons for discontinuation of the same should also be given.

8. The applicant (and their Partner / Director etc) should also declare that they are / were not involved in any case booked against them under the Customs Act, 1962 / Any other Acts, anywhere in India for the last 20 years (or as applicable). If yes, full details and final outcome of such case(s) should be given.

9. No application received prior to the issuance of this Notice or after 12th August 2011 (last date for receipt of applications) will be considered. The applicants should ensure their eligibility before applying for such licence, and in the absence of the same, their applications will be rejected. The Commissioner of Customs (General) reserves the right to reject any application found incomplete in any respect or otherwise, without assigning any reasons.

10. The applications duly filled in and completed in all respects alongwith all enclosures should be submitted to the Deputy Commissioner of Customs, Personnel & Estt Section [CHA], 3rd floor, Old Building, New Custom House, Ballard Estate, Mumbai – 400 001 on any working day between 1100 Hrs to 1330 Hrs and 1430 Hrs to 1730 Hrs. The last date for receiving applications is 12th August 2011. It is reiterated that no applications will be received at any other office / section in the Commissionerate nor will any applications be accepted after the last date. Applications found incomplete or otherwise defective shall be summarily rejected without assigning any reason and no correspondence with regards to rejected applications shall be entertained.

F. No. S/6-91/2007-Admn

Form – A

Application Form for Grant of Custom House Agent’s Licence under Section 146 of the Customs Act, 1962

1) (a) Full name of the applicant (in case the applicant is a firm or a company, the full names of each of the partners of the firm or the directors of the company, as the case may be)

1) (b) Name of the concern / firm / company in fully expanded form.

2) (a) Full & complete residential address and telephone number of the applicant. (in case of the applicant is a firm or a company, the full & complete residential address of each of the partners of the firm or the directors of the company, as the case may be)

2) (b) Full and complete office address, telephone number, facsimile number & e-mail address of the concern / firm / company from where the CHA business will be transacted in the jurisdiction of Mumbai Customs.

3) In case the applicant is a firm or a company, the name(s) and complete residential address and telephone number of its partner/partners or director/directors or duly authorized employee(s) who are Regulation 8 under CHALR, 2004 qualified from Mumbai Customs and will actually be engaged in the work as Custom House Agents.

4) In case it is desired to appoint clerk(s), the name and residential addresses of the clerk(s)

5) (a) Educational qualification of the applicant (in case the applicant is a firm or a company, the educational qualifications of each of its partner/partners or director/directors or duly authorized employee(s) who are Regulation 8 qualified and will actually be engaged in the work as Custom House Agents).

5) (b) Proof of working knowledge of computers of each of the persons who will actually be engaged in the work as Customs House Agent.

6) Particulars regarding knowledge of English, Marathi 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 licence to act as Customs House Agent and whether such application was rejected.

9) Whether the applicant or the firm or company by whom the applicant is employed have earlier held a Custom House Agent’s Licence 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) List of all documents enclosed alongwith the application for grant of CHA Licence.

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

Date:

Place:

Signature of applicant(s)

Note:- All information should be in capitals.