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Customs Clearing Agent Licensing

VIDE 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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