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SRO 450(I)/2001 DATED 18-6-2001
CHAPTER VIII
CUSTOM AGENTS LICENSING.
90. Definitions.- In this chapter,
unless there is anything repugnant
in the subject or
context:
(a) "Customs Agent", means
an Agent licensed under this chapter
, for the transaction of any business
relating to the entrance or clearance
of any conveyance or the import or
export of goods or baggage in a customs
House, Station, Port or Airport.
(b) "Form " means a form
appended to this chapter;
(c) "Licence" means a licence
granted under this chapter to act
as a Customs Agent;
(d) "Licensee" means a Customs
Agent holding a licence;
(e) "Licensing Authority"
means an officer of customs not below
the rank of Assistant Collector of
Customs empowered to act as Licensing
Authority under this chapter.
91. Application.- (1) An application
for a licence shall be made in Form
'A' appended to this chapter to the
licensing authority and shall be accompanied
by a Treasury Challan for Rs.10,00
( Rupees ten only) as application
fee which shall in no case be refundable.
92. Eligibility.- Every applicant,
including each partner in a partnership
form or
Manager of firm shall satisfy the
Licensing Authority that the applicant:-
(i) is not below 21 years of age;
(ii) is of good character;
(iii) is sufficiently educated and
possesses adequate knowledge of
Customs laws and procedure to perform
the duties of a Customs Agent; and
(iv) is of sound financial position.
93. Applicant to qualify a test.-
(1) The Licensing Authority on receipt
of the application may put such applicant
to a written or oral examination with
a view to ascertaining his knowledge
of Customs laws and procedure and
his fitness to render proper service
to the clients and on being satisfied
that all the requirements of this
chapter have been fulfilled, shall
grant him a licence in Form 'B' appended
to this chapter.
(2) The Licensing Authority may reject
an application for the grant of licence
if the applicant fails to pass the
examination or is not otherwise suitable
for the grant of a licence.
.
94. Area of function.- A licence may
be for all or any specified business
for any Custom House, Station, Port
or Airport pertaining to the jurisdiction
of a Collectorate of Customs or Custom-House
and shall remain valid for three years
unless renewed or earlier revoked.
95. Fee.- (1) The fee for grant of
licence shall be fifty thousand rupees
and the fee for renewal thereof shall
be one thousand rupees and the aforesaid
fees shall be in addition to any other
tax or fee that may be leviable under
any other law for the time being in
force.
(2) An applicant approved for the
grant of a licence shall, within fifteen
days of the communication to him of
such approval:-
(i) deposit with the Licensing Authority,
as security for his
faithful behaviour as regards the
Customs regulations and
officers, the sum of Rs. 100,000.00
(rupees one hundred
thousand only) for operating in one
customs station and Rs.
500,000.00 (rupees five hundred thousand
only), for
operating, on a country wide basis],
either in cash or in
approved Government securities and
also execute a bond in
Form 'C' appended to this chapter;
(ii) furnish a solvent surety for
a sum of Rs. 5000.00 (Rupees five
thousand only) in Form 'D' appended
to this chapter.
(iii) deposit the fee as prescribed
in rule 95(1);
(iv) for transacting customs business.
employ the necessary number of persons
who shall undergo a test conducted
by the Custom House or Customs Port]
or as the case may be and Customs
station to ascertain their fitness
to work at the Customs Port or the
Customs station;
(v) establish an office for conducting
his business.
(3) After the issue of a licence,
the licensee shall, if so required
by the Licensing Authority, open or
deposit account within the time prescribed
by it and regularly operate that account.
96. Licence not transferable.- The
licence shall not be transferable
and no licensee shall, except with
the previous approval of the licensing
Authority-
(i) in the case of an individual,
take any partner in his business;
or
(ii) in the case of a firm, bring
about a change in its composition.
97. In case of demise.- (1) In the
case of the death of an individual
licensee, the licence may be reissued
in the name his legal heir who shall
undergo the examination prescribed
by rule 93 of this chapter and be
otherwise found fit to hold a licence.
(2) The new licensee shall execute
a fresh bond and furnish a fresh surety
for the purpose but the Licensing
Authority may allow the transfer of
the security deposit held in the name
of the deceased licensee to the name
of new licensee, subject to the liabilities
attached to such deposit.
98. Maintenance of records.- (1)
Every licensee shall maintain, and
preserve for a period of three years,
complete records of his financial
transactions relating to the licensee
and of all Customs documents handled
by him and copies of all correspondence,
bills, accounts, statements and other
papers relating to the customs business;
(2) The records specified in sub-rule
(1) shall be made available for examination
at any time to any officer of Customs
deputed by the Licensing Authority
and no licensee shall refuse access
to or taking extracts therefrom, nor
shall he conceal, remove or destroy
any part of any such records.
99. Renewal of licence.- (1) An application
for the renewal of the licence shall
be made to the licensing Authority
two months before the expiry of the
licence.
(2) The Licensing Authority may call
for the records specified in rule
98 for scrutiny and check.
(3) The Licensing Authority may refuse
to renew the licence if it finds that;
(i) the licensee's previous performance
has not been satisfactory or he has
not been true to the Customs Authorities
or towards his clients;
(ii) the volume of business transacted
by the licensee during the period
to which the licence relates is less
than the minimum prescribed by the
Licensing Authority; or
(iii) the licensee's previous record
of business at the Custom House, Station,
Port or Airport due to his being concerned
in any Customs offence is not free
from reasonable doubt;
(4) in case the licence or Customs
permit is lost or torn, a duplicate
thereof may be granted on a written
request and on payment of a fee of
Rs. 5 only (Rupees five only).
100. Submission of documents by representative.-
(1) A licensee may authorize one or
more persons to sign Customs documents
on his behalf;
(2) such authorization shall be in
Form ' E' appended to this chapter
and shall be valid only when accepted
by the Licensing Authority or an officer
authorized by it on his behalf.
101. Issuance of permits.- (1) The
licensee shall apply to the Licensing
Authority in Form ' F' appended to
this chapter for the grant of Customs
permit to such clerks as he employs
for transacting business at the Custom
House, Station, Port or Airport;
(2) Such applications shall bear a
Court-fee stamp, of the value of Rs.13
and shall be accompanied by three
passport size photographs of the clerks
whom permits are applied for;
(3) The candidate for a customs permit
may be put to an oral or written test
or both by an officer authorized by
the Licensing Authority, in regard
to knowledge of the English language
and of Customs law and procedure.
(4) A Customs permit may be refused
to those candidates who fail to pass
the written or oral test prescribed
in sub-rule (3) or a re considered
otherwise unsuitable by the licensing
Authority.
(5) A customs permit shall not be
transferable and shall be issued to
a person on behalf of one licensee
only.
(6) A customs permit shall be issued
on Form ' G' appended to this chapter
on payment of Rs. 500.00 (Rupees five
hundred only) and shall be valid for
one year unless removed or earlier
revoked in accordance to this chapter;
(7) the licensee shall apply for the
renewal of the Customs permit of his
clerk at least one month before the
expiry of the permit and shall pay
the renewal fee of Rs. 100.00 (Rupees
one hundred only);
(8) the licensee shall inform the
Licensing Authority immediately in
case the services of any permit holder
are terminated and surrender the Customs
permit to the Licensing Authority
for cancellation.
(9 A customs permit shall be liable
to be revoked or suspended at any
time by the Licensing Authority for
any irregularity misbehavior or any
or all the reasons for which a licence
can be revoked or suspended.
(10) the customs permit shall always
be carried by the person to whom it
has been issued and shall be produced
before appropriate officer of Customs
on demand;
(11) the licensee shall be responsible
for all acts of his clerk holding
a customs permit;
102. Responsibilities of licensee.-
A licensee shall:
i) furnish, whenever required by the
Licensing Authority, an authorization
from each of the firms or persons
by whom he is employed to act as their
Customs Agent;
ii) not represent a client before
an Officer of Customs in any matter
which the licensee dealt as an officer
or employee of the Department or of
the facts of which he gained knowledge
while in Government service;
iii) not appear, plead or act in any
proceedings under Sections 179, 193,
194 or 196 of the Customs Act. 1969,
for and on behalf of any person other
than the person for whom he acted
as licensee in relation to matters
out of which the proceedings have
arisen;
iv) where he knows that a client
has not complied with the law or has
made any error in or omission from
any document which the law requires
such client to execute, advise his
client promptly of the fact of such
non-compliance, error or omission
and immediately bring the matter to
the notice of the appropriate officer
of Customs in writing;
v) exercise due diligence to ascertain
the correctness of any information
which he imparts to a client with
reference to any Customs business;
vi) not withhold information relating
to any Customs business form a client
who is entitled to such information;
vii) promptly pay over to Government
when due, all sums received for payment
of any duty, tax or other debt or
obligation owing to the Government
and promptly account to his clients
any money received for them from Government,
or received from them in excess of
Governmental, or the other charges
properly payable in respect of the
clients Customs business;
viii) not attempt to influence the
conduct of any officer of Customs
in any matter pending before the Custom
House, Station, Port or Airport by
the use of threat, false accusation,
duress or the offer of any special
inducement or promise of advantage,
or of any gift or favour or other
thing of value;
ix) not procure or attempt to procure,
directly or indirectly, information
from Customs records or other Government
sources of any kind to which access
is not granted by proper authority;
(x) not employ in any capacity, with
power of attorney, by delegation or
otherwise, for the promotion of or
in connection with the work relating
to the licence:--
(a) any person whose application
for licence or Customs permit has
been refused; or
(b) any person whose licence or permit
has been revoked or whose conduct
as a partner, manager, director, officer
or servant has been the cause of the
revocation of the licence or permit;
(xi) not lend money to any officer
or employee in the service of the
Custom House or Customs-station or
become surety for the repayment of
money borrowed by any such officer
or employee; and
(xii) intimate to the Licensing Authority
any change of address immediately
after such change is effected.
103. Action in case of violations.-
(1) The Licensing Authority may, by
order, suspend or revoke a licence
for any of the following reasons,
namely:--
(i) breach by the licensee of any
provision of this chapter;
(ii) negligence, dilatoriness or inefficiency
of the licensee in the discharge of
his obligations as such;
(iii) unsatisfactory conduct or unfaithful
behaviour of the licensee as regard
the Custom House, Station, Port or
as the case may be, Customs-Airport
regulations or officer or in relation
to any person who has entrusted him
with any business pertaining to the
Customs House, Station, Port or Airport;
(iv) failure of the licensee to comply
with any of the bond executed by him
under this chapter ;
(v) punishment of the licensee under
the Act;
(vi) concealing, removing or destroying
by the licensee of his financial or
business records or refusing to allow
an officer of Customs to inspect them
and take extracts therefrom;
(vii) attempting to influence the
conduct of any employee in the Customs
House, Station, Port or Airport by
use of threat, false accusation, duress
or the offer of any special inducement
or by the bestowal of gift;
(viii) failure of the licensee to
exercise due diligence and care to
apprehend and forestall an untrue
declaration in respect of description,
content, sort, quality or value of
the imported goods by his client;
and
(ix) withholding by the licensee
from the proper officer of Customs
of any information, document or other
evidence which is likely to prevent
any fraud or evasion of customs- duty
and other taxes or dues and the circumvention
or contravention of any restrictions
imposed by any law for the time being
in force.
(2) While passing orders under sub-rule
(1), the Licensing Authority may also
direct forfeiture of the security
deposited by the licensee under rule
95(2), in addition to any penalty
to which he may be liable under the
Act or any other law for the time
being in force.
Provided that Appeal against an order
made under this rule 103 shall, within
three months from the date of communication
of such order, lie to the Collector
of Customs and shall be accompanied
by a certified copy of such order.
104. Action upon conviction.- (1)
The licence shall stand revoked if
the licensee or any partner of a licensed
firm commits any act of insolvency
or is convicted by a Court of Law
for any offence punishable under the
Act, or for an offence involving moral
turpitude or misappropriation of property
or breach of trust under the Pakistan
Penal Code.
(2) In the case of revocation of
a licence under sub-rule (1) , the
Licensing Authority may, after issuing
show cause notice to the licensee,
forfeit the whole or part of the security
deposited by the licensee under rule
95(2) for the settlement of any customs-duty,
penalty or any other charges due from
him.
(3) The Licensing Authority may,
in cases where immediate action is
considered necessary against a licensee,
suspend his licence forthwith pending
final action under rule 103:
105. Repayment security deposit.-
The security deposit of a licensee
shall not become repayable, as a result
of revocation or surrender of his
licence, until after six month from
the date of such revocation or surrender.
106. Notwithstanding anything contained
in this chapter , the Licensing authority
may allow an existing Customs, House
Agent to act as Customs Agent till
the expiry of his licence, which shall
be deemed for all purposes to have
been issued under this chapter.
FORM 'A'
(See Rule -91)
Court Fee Stamp
Rs.10.00
APPLICTION FORM FOR CUSTOMS AGENTS
LICENCE UNDER CUSTOMS RULES, 2001.
To
The Licensing Authority, Received
on……………….
25 [……………]
With……………..enclosures.
……………………..
Receiving Clerk
Sir,
I/We …………………………..beg
to apply for the grant of a Customs
Agents Licence for (b) entrance e
and clearance conveyance (c) for import
and export of goods including baggage:
Particulars are given below :-
1. Full name of the applicant:
2. Nationality:
3 Address and location :
4. Nature of enterprise, private
individual, partnership concern, private
limited or a limited company:
5. Name of Partners in case of partnership
concern and name of Directions and
Managing Director (s) in case of a
Company:
6. Name of Persons who would be in-charge
of work relating to this licence in
cas of Company:
7. Educational qualification of applicant.
8. Details of business experience.
9. Details of experience of Customs
clearance work.
10. Income Tax Registration No. or
last Income Tax Assessment Order.
11. Name of the Bankers with account
No.
12. Number and designation of employees.
13 Names of the relatives by birth
of the applicant or partners or Directors
in the case of partnership or limited
Company working in the Customs-House
where the applicant desires to work.
14. Whether the applicant at any
time previously was disqualified from
transacting Custom-House business
or acting as Customs Agent at any
Customs-House or Customs-station was
punished under the Customs Act 1969,
or convicted for any criminal offence
and if so, brief particulars thereof.
I/We attach hereto the original contract
signed between us and the Shipping/Air
Company/Road Transport Agency (name
of the Shipping Co etc). appointing
us as their agents for their ships/aircrafts/vehicles
calling at the customs-station.
I/We attach herewith………..(minimum
six) letters from importers and exporters
of standing, expressing their readiness
to employ me/us as their Customs Agent.
The application fee of Rs. 10 has
been paid in the Treasury vide challan
No…….. dated ……….
Which is attached.
I/We hereby declare that the particulars
furnished in this application are
correct and I/we have read the Customs
Rules, 2001 and I/we agree to abide
by them.
Yours faithfully,
FORM 'B'
(See Rules 93 & 94)
Warnings;- Not Transferable
C.H.A. Licence No………………………………………………………………………for
Clearing and Forwarding Conveyances,
Goods and Baggage.
CUSTOMS AGENTS LICENCE TO TRANSACT
CUSTOM
HOUSE BUSINESS UNDER SECTION 207
OF THE CUSTOMS ACT, 1969
Messers…………………………………………………………………………….of
…………………………………………………………………………………………..
have been registered in the books
of this Customs House/Customs-station
26{/Customs Post/Customs-Airport}
as Customs Agents. They are authorized
to transact business at the…………………………………….(name
of the Customs House/Land Customs-station
27{/Customs Port/Customs-Airport}
for a period of two years.
Signature of the Licensing Authority
Dated__________________
Full address:
RENEWAL
Renewed from UP-to Signature
FORM 'C'
(See Rules 95(2)(I)
No…………….of
20……..
Know all men by these presents that
we are held and firmly bound to the
President of Pakistan in the Sum of
Rs………………………for
payment whereof we hereby bind ourselves
and each of us bind himself, our and
each of our heirs, executors and administrators
firmly by these presents dated this……………………..day
of……………………….in
the year one thousand nine hundred
and…………………………….
Whereas the said………………………has
been authorized to act as a Customs
Agent under section 207 of the Customs
Act, 1969 (IV of 1969) and the said…………has
agreed to enter into this bond as
required by the Rules made under section
219 of the said Act, read with item
21 of the {First Schedule} thereof,
and whereas the said…………has
deposited the sum of Rs…………with
the President of Pakistan as security
for his faithful behaviour and that
of his clerks and servants as regards
the Customs House regulations and
officers.
Now the condition of the above written
bond is such that if the said…………………………..
and his clerks and servants do all
times whilst holding such licence
as aforesaid behave themselves in
a faithful manner as regards the Custom-House
regulations and its officers the said……………..and
their executors or administrators
do and shall at all times make good
to the President of Pakistan all and
every sums of money which being due
to the Government of Pakistan shall
be reason of the misfeasance or negligence
of the said…………………………or
his clerks or servants have not been
paid to the President of Pakistan
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 Pakistan may
apply the said sum……………of
Rs……………deposited
as aforesaid in making good to the
President of Pakistan all and every
sums due to the Government by reasons
of the misfeasance or negligence of
the said …………………………..or
his clerks or servants as aforesaid
AND it is hereby agreed that the said
sum of Rs……………..shall
remain with the President of Pakistan
for six Calendar months after the
date upon which the said…………..shall
cease to act as Customs Agent as security
for the payment of any sums due to
Government by reason of any misfeasance
or negligence of the said…………..or
his clerks or servants 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
six months. (It is also agreed and
declared that the President of Pakistan
may apply the above sum of Rs…………..in
making good wholly or in part any
of the short collection of duty or
other charges in respect of any transactions
made by the said…………..on
behalf of importers in the event of
such sums remaining unpaid, even after
issue of demands under section 32
of the Customs Act, 1969)
Signed, sealed and delivered by the
above named in the presence of witnesses.
Signature of Surety
Executed before me this
Day of………..20….
Witness:
1………………………………
……………………………..
…………………………….
2……………………………
……………………………
…………………………..
FORM 'D'
[See Rule 95(2) (ii)]
No.-------------------of -----------------20-----
Know all men by these presents that
we -------------------------------------------------------
(A) and -----------------(B) ---------------------------------------
are held and firmly bound to the President
of Pakistan in the sums of Rs.--------------------------
(Rupees ----------------------------------------------------------------)
for payment whereof we hereby bind
ourselves and each of us binds himself
our and each of our heirs, executors
and administrations firmly bythese
presents dated this ------------------
day --------------------of ---------------------
in the year one thousand nine hundred
and ------------------.
Whereas the said -----------------------------
(A)----------------------------------
has been authorized to act as a Customs
Agent under section 207 of the Customs
Act, 1969 (IV of 1969), and the said
----------------------(1) --------------------------has
agreed to enter into this bond as
required by rules made under section
219 of the said Act, read with item
21 of the 28[First Schedule] thereof.
Now the condition of the above written
bond is such that if the said -----------------------(A)
---------------- does at all time
while holding such regards Custom
House regulations and its officers,
and if the said-------------------------
(A) ------------------------- and
-------------------------(B) -------------------
their executors or administrators
some or one of them do and shall at
all times make good to the President
of Pakistan all and every sums of
money which being due to the Government
shall be reason of the misfeasance
or negligence of the said ---------------------
(A) -----------------------have not
been paid to the President of Pakistan
then the above written bond shall
be void; otherwise the same shall
remain in full force and virtue.
Signed, sealed and delivered by the
above named in the presence of witnesses.
Signature of Surety
Witnesses:
Executed before me this
Day of -------------20----
1. ----------------------
----------------------
----------------------
-----------------------
-----------------------
-----------------------
Licensing Authority
FORM 'E'
[See Rule 100(1)]
FORM OF AUTHORIZATION TO SIGN CUSTOMS
DOCUMENTS ETC.
From
----------------------
Mr./Messrs. -----------------------
---------------------------------------
---------------------------------------
To
The Licensing Authority,
------------------------------
------------------------------
Sir,
I/We ----------------------------of-----------------------------have
the honour to inform you that we have
authorized the following assistants,
clerks or representative, clearing
agents, muccadams of --------------------to
transact Custom House business i.e.
(1) to sign Customs documents, such
as bills of entry, bills of exports,
etc., (2) to sign manifests, refund
orders or drawback bills, (3) to received
money or grant receipts, and (4) to
execute bonds or guarantees.
Four specimen signatures of each
of these persons are also enclosed
for records.
I/We undertake to acknowledge these
signatures as if they were those of
the firm for all purposes in connection
with the aforesaid transaction and
to accept any liability incurred under
the said transactions as if they had
in fact been signed by me/our firm.
I/We have the honour to be
Sir,
Your most obedient servant/servants
1. Mr.---------------------------------------
will sign----------------------------------------
2. Mr.---------------------------------------
will sign----------------------------------------
3. Mr.---------------------------------------
will sign----------------------------------------
4. Mr.---------------------------------------
will sign----------------------------------------
5. Mr.---------------------------------------
will sign----------------------------------------
Court fee stamp of paisa twelve
FORM'F'
[See Rule 101(1)]
APPLICATION FOR CUSTOMS PERMITFORTHE
EMPLOYEE
OF A CUSTOMS AGENT TO TRANSACT CUSTOM
HOUSE BUSINESS.
To
The licensing Authority,
----------------------------
----------------------------
Sir,
I/We -------------------do hereby
authorize Mr.-----------------------------------------------whose
particulars are given below, to transact
Custom House business on my/our behalf
and I/we accept all responsibility
for his act as if they were my/over
own.
I/We remain,
Sir,
Your most obediently.
(-----------------------)
Particulars of the employee:---------
1. Full Name -----------------------------------------
son of ----------------------------------------
2. Age---------------------------------------------------------------------------------------------------
3. Nationality------------------------------------------------------------------------------------------
4. Residential address---------------------------------------------------------------------------------
5. Educational qualification-------------------------------------------------------------------------
6. Knowledge of various languages
(English, Urdu, Bengali or any other
local language)----------------------------------------------------------------------------------------------------------------
7. Serving in the firm as ---------------------------------------------------------------------------------
8. Period of service---------------------------------------------------------------------------------------
9. Experience in Customs work----------------------------------------------------------------------
10. No. of previous Identity Car,/Customs
Permit if held------------------------------------------
11. Whether at any time convicted
by a Court-------------------------------------------------------
12. Whether at any time Identity Car/Customs
Permit was refused by the Customs
if so
when-----------------------------------------------------------------------------------------------------
13. Details of past service if any-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
14. Reasons for leaving the last firm-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
15. ------------------------------------------------------------------copies
of testimonials and certificates enclosed.
16. Signature of the employee----------------------------------------------------------------------------
N.B.- This application should be
accompanied by three passport size
photographs of the employees.
FORM'G'
[See Rule 101(5)]
PERMIT TO TRANSACT CUSTOM HOUSEBUSINESS
UNDER SECTION 207 OF THE CUSTOMS ACT,
1969(IV OF 1969)
Mr.--------------------------------------------------
of ----------------------------------
having been registered in the books
of this office as a -----------------------------------------------
of Mr./Messrs--------------------------------------------
of ------------------------------------------
authorized by him/them to transact
business at the --------------------------------
Customs House, Customs Station, Port,
Airport on his/their behalf is hereby
permitted to transact such business
with effect from-------------------------------------------20
-----------------------------------------------------------------------------
specimen signature of the Licensee-------------------------------------------------------------------------------------------------.
Age--------------------------------------------------------------------------------------------------------------------------------------.
Warnings, if any -----------------------------------------------------------------------------------------------------------------------Every
change of address to be entered----------------------------------------------------------------------------------------------------.
Current for -------------------------------------------------------------------------------------years.
Class of work the holder is authorized
to do -------------------------------------------------------------------------.
Customs House
Customs-station
Customs Port Customs-Airport
Licensing Authority
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