[TO BE
PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUB-SECTION (I)]
GOVERNMENT
OF INDIA
MINISTRY
OF FINANCE
(DEPARTMENT
OF REVENUE)
Notification
No.75 / 2010-Customs
(N.T.)
New Delhi, dated the 12th August, 2010
G.S.R. (E). - In exercise of the powers conferred by
section 157 of the Customs Act, 1962 (52
of 1962), the Central Board of Excise and Customs hereby makes the following
regulations further to amend the Courier Imports and Exports (Clearance)
Regulations, 1998, namely :-
1. (1) These regulations may be called the
Courier Imports and Exports(Clearance) Amendment
Regulations, 2010.
(2) They
shall come into force on the date of their publication in the Official Gazette.
2. In the Courier Imports and Exports
(Clearance) Regulations, 1998, (herein after referred to as the said
regulations) in regulation 5 in sub-regulation (3), -
(i) after the words “the Authorized Courier”, the words “or his
agent who has passed the examination referred to in regulation 8 or regulation
19 of the Customs House Agents Licensing Regulations, 2004” shall be inserted;
(ii) in the first proviso, for the words “ or with the
concurrence of the Authorised Courier”, the words “or
his agent who has passed the examination referred to in regulation 8 or
regulation 19 of the Customs House
Agents Licensing Regulations, 2004 or ” shall be substituted;
(iii) in the second proviso, after clause (v) the following shall be inserted,
namely:-
“(vi) goods having a declared value of more
than one lakh rupees.”
3. In regulation 6 of said regulations, in
sub-regulation (3), after the words “Authorized Courier”, the words “or his
agent who has passed the examination referred to in regulation 8 or regulation
19 of the Customs House Agents Licensing Regulations, 2004” shall be inserted;
4. Regulation 8 of the said regulations
shall be numbered as sub-regulation (1) thereof and in sub-regulation (1) so
numbered,-
(i) for words “five
lakh” the words “twenty-five lakh”the
following shall be substituted;
(ii) after sub-regulation (1) so numbered, the following
sub-regulation shall be insered, namely:-
”(2) The declarations for clearance of imported or export goods shall
be made by the persons who has passed the examination referred to in regulation
8 or regulation 19 of the Custom House Agents Licensing Regulations, 2004:
Provided that a transition period of six months from the date of
publication of these regulations shall be allowed for fulfillment of the
condition mentioned in sub-regulation (2) by an Authorised
Courier.”
5. In regulation 11 of the said
regulations, for the words “two lakh” the words “ten lakh”, and for the words “one lakh”
the words “five lakh” shall be substituted.
6. In regulation 13 of said regulations, -
(i) in clause (a),
the following proviso shall be inserted, namely:-
“provided that for import
consignments having a declared value of ten thousand rupees or less, the
authorization may be obtained at the time of delivery of the consignments to
consignee”
(ii) after clause
(g), the following clauses shall be
inserted, namely :-
“(h) file declarations, for clearance of
imported or export goods, through a person who has passed the examination referred
to in regulation 8 or regulation 19 of the Customs House Agents Licensing
Regulations, 2004 and who are duly authorised under
section 146 of the Act:
Provided that a
transition period of six months from the date of publication of these regulations
shall be allowed to the Authorised Courier for
fulfillment of the obligation.
(i) verify the antecedent, correctness of
Importer Exporter Code (IEC) Number, identity of his client and the functioning
of his client in the declared address by using reliable, independent, authentic
documents, data or information;
(j) not sub-contract or outsource functions permitted or
required to be carried out by him in terms of these regulations to any other
person, without the written permission of the Commissioner of Customs.”
[F. No.
450/77/2010-Cus.IV]
(Navraj Goyal)
Under
Secretary to the Government of India
[Note: The principal Notification No.87/98-Customs (N.T.), dated the 9th
November, 1998 was published in the Gazette of India, Extraordinary, Part II,
Section 3, sub-section (i), dated the 9th
November, 1998 vide G.S.R. 662(E), dated the 9th November, 1998 and
last amended vide Notification No.09/2007-Customs (N.T.), dated the 7th
February, 2007, published in the Gazette of India Extraordinary, Part II,
Section 3, sub-section (i), dated the 7th
February, 2007 vide G.S.R. 68(E), dated the 7th February, 2007.]