Courier Imports And Exports (Electronic Declaration And Processing) Regulations, 2010 › Courier Imports And Exports (Electronic Declaration And Processing) Regulations, 2010

Regulation 13. Suspension or revocation of registration of authorised courier

Courier Imports And Exports (Electronic Declaration And Processing) Regulations, 2010

Official text

Regulation 13. Suspension or revocation of registration of authorised courier. —

(1) The Principal Commissioner of Customs or Commissioner of Customs, as the case may be may revoke the registration of an Authorised Courier and also pass an order for forfeiture of security on any of the following grounds namely:-

(a) failure of the Authorised Courier to comply with any of the conditions of the bond executed by him under regulation 11;

(b) failure of the Authorised Courier to comply with any of the provisions of these regulations;

(c) misconduct on the part of Authorised Courier whether within the jurisdiction of the said Principal Commissioner or Commissioner or anywhere else, which in the opinion of the Principal Commissioner or Commissioner renders him unfit to transact any business in the Customs airport:

[Omitted]

Provided [Omitted] that, in case the Principal Commissioner of Customs or Commissioner of Customs, as the case may be considers that any of such grounds against an Authorised courier shall not be established prima facie without an inquiry in the matter, he may conduct an inquiry to determine the ground and in the meanwhile pending the completion of such inquiry, may suspend the registration of the Authorised Courier:

Provided further that if no ground is established against the Authorised Courier, the registration so suspended shall be restored.

(2) Any Authorised Courier or the officer of the Customs authorised by the Principal Chief Commissioner of Customs or Chief Commissioner of Customs, as the case may be in this behalf, if aggrieved by the order of Principal Commissioner of Customs or Commissioner of Customs, as the case may be passed under sub-regulation (1), may represent to the Principal Chief Commissioner of Customs or Chief Commissioner of Customs, as the case may be in writing against such order within sixty days of communication of the order to the Authorised Courier, and the Principal Chief Commissioner of Customs or Chief Commissioner of Customs, as the case may be shall, after providing the opportunity of being heard to the parties concerned, dispose of the representation as expeditiously as may be possible.

Judgments on Regulation 13

  • Tnt India Private Limited vs Union Of India & Anr. — Delhi High Court, 6 May 2015. Once an adjudicating authority passes its final order on a show cause notice it becomes functus officio and cannot pass a further order on the same findings, and an order made without jurisdiction is open to challenge…