No.50 /2002 Personnel & Estt. Department (CHA),
Imp. 6/2002
Exp.6/2002

PUBLIC NOTICE NO. 50 /2002 Date 30/04/2002.

Customs House Agents Licensing Regulations, 1984 -reg.
Attention is invited to Regulation-3 of Customs House Agents Licensing Regulations, 1984 whereby it is specified that no licence under these regulations shall be required by :

(a) an importer or exporter transacting any business at a Customs Station solely on his own account.

(b) Any employee of any person or a firm transacting business generally on behalf of such person or firm; or

(c) An agent employed for one or more vessels in order solely to enter or clear such vessels for work incidental to his employment as such agent.

Accordingly applications for customs passes were invited from importers/exporters/shipping agents vide this office Public Notice No.63 dated 06-12-1975 and the same practice is in force till date.

In supersession of the aforesid Public Notice, the following procedure is laid down for issue of customs passes to importers/exporters/shipping agents.

All the importer/exporters/shipping agents are hereby informed that those who are willing to transact their business i.e. clearance of import/export consignment on “Self” basis should apply for Customs Passes for their proprietor/partners/directors/employees who will regularly be visiting Customs stations.

The applications should be filled up in the prescribed format as per Annexure-I duly signed by the proprietor/working partner/managing director/executive director/company secretary.

The customs passes shall also be issued in favour of persons who are full time regular permanent employee of the concern/company/ firm. It is further clarified that customs passes will not be issued to temporary/probationary employee.

The following documents are required to be submitted alongwith the applications:

01. In case of a proprietory concern, an affidavit on Rs. 20/- stamp paper regarding declaration of proprietorship duly notarised (Annexure-II) and also a copy of the Shop & Establishment Certificate or Sales Tax Registration Certificate or Business Identification Number Certificate or Industrial licence duly notarised. In case of a partnership firm, photocopy of the Partnership Deed duly notarised. In case of a Company a copy of memorandum and Articles of Association, duly notarised.

02. Copy of R.B.I. code certificate/copy of Import Export Code certificate/B.P.T. Registration Certificate duly attested by Gazetted officer.

03. Attestation forms in duplicate duly filled in and signed by the employee and employer (Annexure-III)

04. Copy of S.S.C. or equivalent Govt. recognised board certificates (such as State Board, CBSE, ICSE certificate etc.) duly attested by a Gazetted Officer. It is clarified that for Power of Attorney holders the requisite education qualification shall be a graduate of a recognized University.

05. Appointment letter.

06. Residential proof (photocopy of ration card/electricity bill/bank pass book) duly attested by a Gazetted Officer.

07. Copies of past B/E. or S/B. if any.

08. List of Custom Pass holders.

09. Statement of volume of business for the last two years :-

	YEAR					NO. OF DOCUMENTS HANDLED

	---------						---------
	---------						---------

---

10. For Power of Attorney holders a Bond on Rs.100/-stamp paper duly notarised as per Annexure-IV and the specimen signature of the person granting the power of attorney and the holder should be duly attested by the Scheduled Bank.

Further, all the importers/exporters are hereby informed that those who are clearing their consignments through Custom House Agents and intend to do post shipment work like submission/receiving of DEPB licence in DEPB verification Section, work related to Drawback Section etc. on “Self” basis are not required to possess custom passes. They can do such work on their company’s identity card and/or company’s authority letter in favour of bonafide employees.Consequently, all the persons who hold customs passes for post shipment work as stated above should surrender their customs identity cards immediately to this office.

Further, in past custom passes in “Self” category have been issued without limiting the validity period which is legally incorrect and not in the interest of security. Therefore, all those who have been issued custom passes in “Self” category should surrender their customs pass/identity cards immediately on or before 31.05.2002 and should collect the new custom pass as per this Public Notice. All custom passes issued till date i.e. 30.04.2002 shall be treated as cancelled on or after 01.06.2002.

The custom passes issued as per this Public Notice shall be valid for a period of two years from the date of issue or until it is surrendered whichever is earlier and shall be renewed further, for a period of two years each time on the request of the employer.

Sd/-30.04.2002
( RAMESH RAMACHANDRA)
COMMISSIONER OF CUSTOMS (GEN)
MUMBAI

Issued from F.No. S/6-150/83-Admn.

Copy to:-

01. Notice Board.
02. Master Copy.
03. All Associations.
04. All concerned deptt.

ATTESTED BY

(DR. ISHWAR SINGH)
DY. COMMISSIONER OF CUSTOMS,
PERSONNEL & ESTT. DEPTT. (CHA),
MUMBAI

( To be typed on Company Letter Head )

ANNEXURE- I

Affix Recent Passport Size Photograph

The Dy. Commissioner of Customs,
I/c. Per & Estt. Deptt (CHA),
New Custom House,
Ballard Estate,
Mumbai 400 001.

Sir,

Sub : Issue of Customs Identify card to.
(1)
(2)

I/ we introduce myself/ourselves as Importers/Exporters of ………………….. and is/are engaged in the work of import/export for the period of last………………. Years. I/We intend to attend the clearance of our consignment work myself/ourselves.

Shri……………………… is a bonafide permanent employee of this concern/firm/company w.e.f. …………………… kindly issue customs identity card in favour of me/my employee as stated above.

I/We hereby authorise my aforesaid employee to transact business in Custom House and docks on behalf of concern/firm/company.

Shri…………………………… is a full time bonafide permanent employee and his salary is paid by me/us.

To the best of my/our knowledge he has not been convicted for any offence so far,

I/We undertake to hold ourselves responsible for any act or omission on the part of the aforesaid employee.

I/We undertake to surrender the custom identity card of the aforesaid employee as soon as he ceases to be in my/our employment.

As per Public Notice No…….. dtd….. the requisite documents, are submitted herewith.

The following documents are enclosed alongwith documents :

1. In case of Proprietorship concern, Affidavit on Rs.20/- stamp paper regarding declaration of Proprietorship duly notarised and also copy of the Shop & Establishment Certificate or Sales Tax Registration Certificate or Business Identification Number Certificate or Industrial licence duly notarised In case of Partnership firm, Xerox copy of Partnership Deed duly notarised. In case of a Company, copy of Memorandum & Article of Association duly notarised.

2. Copy of R.B.I. code certificate/copy of Import Export Code certificate /B.P.T. Registration Certificate duly certified by a Gazetted officer only.

3. Attestation form in duplicate duly filled in.

4. Educational Qualification Certificate duly attested by a Gazetted Officer only.

5. Appointment letter.

6. Residential Proof.

7. Copies of past B/E, or S/Bif any

8. List of Customs pass holders.

9. Volumes of business for last two years.

	YEAR					NO. OF DOCUMENTS HANDLED 

	--------					-----------------------------
	--------					-----------------------------

10. Six Photographs.

DECLARATION OF THE EMPLOYEE

I declare that I do not hold any Customs Identity Card at present. I Certify that information filled in attestation Form by me is correct and complete to the best of my knowledge and belief.

NAME & SIGNATURE OF THE EMPLOYEE

I declare that I/My abovementioned employee ‘am/is having knowledge of Customs Laws / Tarrif / Procedure etc.

I/We certify that information filled in Attestation Form by the employee is correct and complete to the best of knowledge and belief.

Yours faithfully,

( Shri - - - - - - - - - - - - - - - )
Proprietor / Partner /Managing Director

A N N E X U R E - II

A F F I D A V I T

I, __________________________, aged ____ years, Indian Hindu, residing at _____________________________, do hereby state and declare on the solemn affirmation as under:

I say that I am the sole Proprietor of M/s._______________________, having office at_________________________and carrying on the Export/Import business of general merchandise for the last two years. We now wish to do the clearing on self basis of our Export and Import.

I am making this Affidavit for carrying on the business in Customs, Port and Docks of Bombay, Nhava Sheva and Air Cargo Complex and I do hereby request your good offices to issue customs pass in the name of _____________________, the Proprietor of the concern residing at the above mentioned address on the strength of this Affidavit.

I hereby certify that, whatever stated above is true and correct.

Solemnly affirmed at Bombay on
This ____day of _________,2002.

Signature of the Proprietor

Explained and identified by me.

……………………………………

A N N E X U R E - III

ATTESTATION FORM

AFFIX RECENT PASSPORT SIZE PHOTOGRAPH

WARNING:

The furnishing of false information or suppression of any factual information in the Attestation Form would disqualify the candidate for issue of Custom Pass. If the fact that the false information has been furnished or there has been suppression of any information in the Attestation Form and if the same comes to notice at any time, his pass would be liable to be withdrawn in addition to any other action that may be taken as per the law in force.

							SURNAME		NAME

1.	Name in full (in block capitals with aliases.
	If any, (please indicate if you have added
	or dropped at any stage any part of your
	name or surname.

2.	Present address in full.
	(i.e.village. Thana and District or house
	number, lane/street/road and town)

3.	(a)	Permanent address in full
		(i.e.village. Thana and District or house
		number, lane/street/road and town)

	(b)	If originally a resident of Pakistan, the
		address in that country and the date of
		migration to Indian Union.

4.	Particulars of Places (with periods of residence) where you have reside for more than one year at a 
	time during the preceding five years.(in case of any abroad (including Pakistan) particulars of all 
	places where candidate has resided for more than one year).


From		To		Residential address in full		Name of the Dist. Head
				(i.e. village. Thanas and		Quarters of the place
				District or House Number		mentioned in the
				Lane/Street/Road and town		preceding column

5.        Father’s name in full with aliases, if any,

6.        If you have at any time, been employed, give details :

Designation of post held or			period		Full Address of Office	Reason of leaving
Description of work :		From		To	firm, or institution		the service :








7.	Have you ever been prosecuted, kept under
	detention or bound down / fined convicted
	by a court of law of any offences ?

	Is any case pending against you in any 
	court of law at the time of filling up this 
	attention form ?

	If the answer is “Yes” full particulars of the
	case, detention, fine, conviction sentence, 
	etc. should be given.


9.	I certify that foregoing information is correct and complete to the best of my knowledge and belief.




Age of the candidate							Signature of candidate 
									Date :


10.	I/We certify that information filled in Attestation form by the employee is correct and complete to 
	the best of my knowledge and belief.




								Name/ Signature/Stamp
								Proprietor/Partner/Managing Director

						(To be filled by the Officer)

Name 

Full address

Designation of the Custom Pass issuing authority.

ANNEXURE – IV
To be typed on Stamp Paper of Rs. 100.00 and attested by Notary

POWER OF ATTORNEY

I /We, the undersigned (1) --------------------------- (2) ------------------------------------------ (3)-------------------------, Proprietor / Partner /Director of M/s. -------------------------------- --------------------Situated at ----------------------, Indian resident & carrying on Import / Exports business in proprietorship in the name & Style of M/s. ---------------------------------------

WHEREAS, I/We , am/are desirous of appointing Shirr.---------------------------- of Mumbai & Indian inhabitant to be our true & lawful Attorney for my/our firm, M/s.------- ------- & on behalf of the said firm or other to do, execute and perform the following acts,and deeds, matters & things.

NOW KNOW THAT I/We, the said Partner / Proprietor / Director of M/s. ---------------- hereby nominate,constitute and appoint the said Shri. --------------- ( hereinafter called the Attorney ) to be true and lawful Attorney of the firms M/s --------------------- & in the name of & on behalf of the firm or otherwse to execute and perform the following matters & things on behalf of the firm, this : -

1. To sign on behalf of the firm all the documents such as Bills of Entry, Shipping Bills for Ship store supply letters to various departments of the Custom House and all other documents required on that behalf.

2. To appear on behalf of the firm before the officers and authorities appointed under the Customs Act , 1962 ( 52 of 1962)

3. Generally acts and perform all acts,deeds,matters & things necessary and convenient for all or another purpose aforesaid and for giving full effect to the authorities herein before contained as fully & effectually as I/We as proprietor / Partners / Directors of the said firm could do.

4. To do all other acts and things which may be necessary to be done for rendering these Presents valid and effect usually to all intents and purposes according to the laws and Customs of India. And hereby agree to rectify and confirm whosoever the said Attorney Shall do in the premises by virtue of these Presents.

	IN WITNESS WHEREOF I/We hereunto set my hand at Mumbai this Day of		,2002


							Signature of Partner/Proprietor/Director

SIGNED AND DELIVERED BY		}
The with in named Proprietor/Partner	}
/ Director				}

Shri. --------------------------------------

Specimen Signature of Employee.

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