Circular No.25/2011-Customs
F.No.502/4/2011-Cus.VI
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
North Block, Room No. 253-A,
New Delhi, the 22nd June, 2011.
To,
All Chief Commissioners of Customs/Customs (Prev).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev).
All Commissioners of Customs & Central Excise.
Subject: Issue of Custom House Agent License – Reference from field formations – regarding.
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Sir / Madam,
Attention is invited to provisions of the Custom House Agents Licensing Regulations (CHALR), 2004 and various circulars and instruction issued from time to time in this regard.
2. Attention is also invited to Board’s Circular No.9/2010-Customs dated 8.4.2010 which stipulates that those applicants who have passed the examination referred to in Regulation 9 of CHALR, 1984, but were not given Licence under the said Regulation were required to appear in the examination and qualify the same under Regulation 8 of CHALR, 2004 in respect of additional subjects as provided in Notification No.30/2010-Customs (NT) dated 8.4.2010. The persons who qualify in the aforesaid examination shall be deemed to have passed under regulation 8 of the CHALR, 2004 and would be considered for grant of CHA licence in terms of regulation 9 of the CHALR, 2004.
3. Further, Board’s Circular No.9/2010-Customs dated 8.4.2010 clearly mentions that the requirement of number of licences will be determined by market forces and no numerical criterion can be fixed. Considering the pendency of non-grant of Licences to eligible qualified applicants, Board, in the past, vide instruction issued in F.No.502/5/2005-Cus.VI dated 31.10.2007, had also directed that all pending cases be liquidated and all eligible candidates should be granted Licences.
4. It has been reported that in spite of the aforementioned Circular/Instruction of Board individual Commissioners are still continuing to regulate the number of CHA. Despite qualifying in the examinations and passing additional subjects, licences are still not being granted under Regulation 9 of CHALR, 2004 by concerned Commissioner on the ground that the Commissionerate have to issue a separate public notice inviting fresh applications in this regard.
5. Board has taken a serious note of non-compliance of its instructions by the Commissioners who are not issuing licence to eligible applicants. In order to resolve the issue, it is reiterated that Commissioners should not restrict the number of CHAs and shall grant licences to all eligible applicants. A compliance report indicating number of eligible applicants who have been granted licence may be sent by 15.07.2011. Needless to state the other procedural requirements will have to be fulfilled by all such eligible applicants who are being granted licences.
6. Boards decision may be brought to the notice of the trade by issuing suitable Trade/Public Notices. Suitable Standing orders/instructions may also be issued for the guidance of the field officers.
7. Difficulties faced, if any, in implementation of this Circular may be brought to the notice of the Board immediately.
Yours faithfully,
Internal Circulation-As usual.
(Vikas)
Under Secretary (Customs-III/VI)
Telefax-011-2309 5532
Fax-011-2309 2173
E-mail-uscusiii@nic.in
Instruction
F.No.401/101/2011-Cus.lll
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Room No. 253-A, North Block,
22nd June, 2011, New Delhi-110001.
To,
All Chief Commissioners of Customs/ Customs (Prev.)/ C&CE,
All Directors General of CBEC,
All Commissioners of Customs / Customs (Prev.) / C&CE
All Commissioners of Customs & Central Excise (Appeals).
Subject: Requirement of import permit / registration with / from CIB & RC for import of substances listed in the schedule 3 of the Insecticide Act, 1968, for non-insecticidal use under Insecticides Act, 1968 -reg.
Sir/Madam,
Board has received references from trade and industry highlighting difficulties being faced in clearance of imported substances listed in Schedule 3 of the Insecticides Act, 1968 that are meant for non-insecticidal purposes. Reportedly, on account of varying interpretations of the relevant legal provisions, the Custom Houses are adopting different practices which are adversely impacting the smooth clearances of such items being imported for non-insecticidal use.
2. The matter has been examined in the Board in the context of Section 38 of the Insecticides Act, 1968, the relevant extract of which is reproduced below for sake of clarity:
‘Section 38. Exemption
1. Nothing in this Act shall apply to-
the use of any insecticide by any person for his own household purposes or for kitchen, garden or in respect of any land under his cultivation;
any substance specified or included in the Schedule or any preparation containing any one or more such substances, if such substance or preparation is intended for purposes other than preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to human beings'.
3. As may be seen, the aforementioned provisions of the said Section 38 of the Insecticides Act, 1968 are unambiguous and leave no scope interpretation. Essentially, the exemption from the provisions of the said Act wouldapply to those insecticides that are used for household purposes etc. or for other than insecticidal purposes. Thus, import of items listed under Schedule 3 of the said Act that are intended to be used for these purpose that are specified in the said Section 38 would be outside the ambit of the provisions contained in Insecticides Act, 1968. The implication is that the clearance of such imported items would not be subject to the requirement of registration / import permit from CIB & RC.
4. Board desires that for the sake of uniformity the Custom Houses shall immediately align their local procedures in line with the above clarification. It is, however, clarified that the import of Boric Acid would continue to be governed by the specific instructions on the item that are currently in force.
5. Suitable public notice may be issued to guide the trade and industries.
Yours faithfully,
Internal Circulation: As usual
(Vikas)
Under Secretary (Customs-III/VI)
Telefax-011-2309 5532
Fax-011-2309 2173
E-mail-uscusiii@nic.in
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