PUBLIC NOTICE No. 42/2006 Date: 04.09.2006
Custom House Agents Licensing Regulations, 2004 - reg.
In terms of Regulations 14,15 and 16 of the Custom House Agents Licensing Regulations, 2004, any change in the constitution of a Proprietary Concern, a firm or a Company holding a CHA licence, is required to be reported to the Commissiner of Customs and a fresh licence should be obtained. Accordingly, the following procedure is prescribed for intimating and getting approval of the change in the constitution of a proprietary concern, a firm or a Company for the CHA Licence.
1. Any change in the constitution under Regulation 14 i.e. addition or deletion of Directors or Managing Director of a Company holding a CHA Licence shall be reported to the Commissioner of Customs (General) as soon as possible, but not later than 30 days of the change and it should be accompanied by the following documents:
(i) Details of Directors i.e. existing, incoming and outgoing Directors including Managing Director,
(ii) The registration or appointment letter of the Director(s) concerned;
(iii) Copy of Board Resolution, approving the retirement or appointment of Director (s) concerned;
(iv) Self attested copy of Form 32 duly submitted to the Registrar of companies.
3.. Any change in the constitution of a firm or a company in terms of Regulation 15 and 16 of the CHALR, 2004 shall be reported to the Commissioner of Customs (General) as soon as possible but not later than 60 days from the date of such change along with the application for issuance of fresh CHA licence. The application (Form – A) shall be accompanied by the following documents:
i. Bond in Form ‘D’ and Surety Bond in Form ‘E’ under Regulation 10 of CHALR, 2004 ON Rs. 100/- stamp paper duly notarised;
ii. Bank Solvency Certificate to the tune of Rs. 2 lakhs;
iii. Security deposit of Rs. 75,000/- in the form of NSC/Bank Gurantee;
iv. Undertaking regarding taking over of liabilities of the old concern/firm/company;
v. In case where application is for issuance of fresh CHA licence in the name of a Company:-
(a) Copy of Memorandum and Articles of Association duly submitted to the office of Registrar of Companies;
(b) Copy of incorporation certificate issued by the Registrar of Companies, duly notarised;
(c) Copy of Form 32 duly submitted to the Registrar of Companies;
vi. In case where application is for issuance of fresh CHA licence in the name of f Partnership Firm:-
(a) Copy of partnership Deed duly notarized.
(b) Copy of receipt of submission of the Partnership Deed to the Registrar of Firms.
vii. Volume of business of the old concern/firm/company.
viii. List of Customs Pass holders.
ix. Copy of Membership certificate of The Bombay Custom House Agents Association
4 Upon receipt of the intimation and application as at (3) or (4) avive, the same shall be processed for approval by the Commissioner of Customs (General) and if found otherwise in order, the approval shall be intimated to the CHA concerned within 15 days. The details of such acceptances will also be put up on the CHA Section Notice Board every Monday.
5 On receipt of the aforesaid intimation letter, the CHA concerned who is required to take a fresh licence shall pay the licence fee within 10 days and should produce the receipt thereof. The payment of the CHA licence fees or any other dues shall be made through TR6 challan under Major Head- 037 Customs and Minor Head- V Fees. The TR6 challan should be signed by the CHA and the payment made in the Cash Department of the New Custom House, Mumbai. On receipt of all the required documents and the TR 6 challan copy (duly endorsed by the Cash Department) the CHA section, will make the endorsement of re-constitution on the CHA licence and release the same to the CHA within 5 working days.
F. No. S/6-36/2004-CHA
Copy to:
01. Chief Commissioner of Customs, Mumbai Zone I/II/III
02. All Commissioner of Customs in Mumbai Zone I/II/III
03. All Section of NCH, JNCH, ACC.
04. The Bombay Custom House Agents Association, Mumbai.
05. Notice Board.
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