Customs Circular No- 25/2011 dated 22.06.2011
Issue of Custom House Agent License - Reference from field formations -
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
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
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.
Under Secretary (Customs-III/VI)