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TMI Blog2006 (11) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 (hereinafter described as 'the Old Regulations'); that the competent authority had granted temporary licence No. U. 02/2003 dated 3-10-2003 under the old Regulations for a period of one year; that the tenure of that licence was extended from time to time; that representation dated 25-10-2005 made by M/s. Portlinks for grant of regular licence was rejected by respondent No. 2 without giving opportunity of hearing and without assign ing cogent reasons and that the decision of respondent No. 2 is based on a wholly erroneous interpretation of the New Regulations. According to the petitioner, he is not required to again pass the examination for the purpose of grant of regular licence and/or conversion of the temporary licence into regular one under the New Regulations. It is also the petitioner's case that the clarification issued by the Central Board of Excise and Customs (for short, 'the Board') vide Circular No. 42/2004-Cus., dated 10-6-2004 is not applicable to his case because he has already passed the required examination under the Old Regulations. 3. The case set up by the respondents is that temporary custom house agent licence was granted to M/s. Portlinks under Regulation 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 2(c) of the Old as well as New Regulations means 'a person licensed under these regulations to act as agent for the transaction of any business relating to the entry or departure of con or the import or export of goods at any Customs Station.' Regulation 4 of both the Regulations envisage that Commissioner of Customs may invite applications for the grant of such number of licences as assessed by him to act as Custom House Agents. Regulation 5 of both the Regulations provide for making of applications. Regulation 6 of both the Regulations specify the conditions to be fulfilled for grant of licence. Regulation 8 of the Old Regulations contained provision for grant of temporary licence, Regulation 9 contained provision for examination of the applicant and Regulation 10, provided for grant of regular licence. Regulation 8 of the New Regulations enumerates the requirement of passing examination and Regulation 9 provide for grant of licence. Regulations 6, 8(1), 9 and 10(1) of the Old Regulations and Regulations 6, 8 and 9(1) of the New Regulations, which have bearing on the decision of this petition, read as under: Old Regulations: 6. Conditions to be fulfilled by the applicant - T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied in Regulation 4 and who satisfies the requirements of Regulations 5 and regulation 6, shall be permitted to operate as Custom House Agent at the Customs Station for which the application is made initially for the period of one year against temporary licence granted by the Commissioner in this regard in Form B. Provided that when evidence is produced to the Commissioner that the applicant has already availed of two chances for qualifying in the writ ten or oral examination prescribed in these regulations and would like to avail of the third chance as soon as the next examination is held in terms of Regulation 9 and that the applicant has been able to account for the mini mum volume of work prescribed for such agents in the course of one year's working, the Commissioner may extend the aforesaid period of one year for which the temporary licence has been granted by another six months or such further period not exceeding one year to enable the applicant to avail of the third chance for qualifying in the examination in terms of Regulation 9. While granting such extension, the Commissioner of Customs shall satisfy himself that the requirements of Regulations lO(1)(a) and 10(l)(b) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Pests Act, 1914 (2 of 1914), Dangerous Drugs Act, 1930 (2 of 1930) insofar as they are relevant to the clearance of goods through customs; (p) procedure in the matter of refund of duty paid, appeals and revision petitions under the Act. (4) The Commissioner shall also satisfy himself whether the licensee in Form B, See Form 48 in Part 5, if he is an individual, possesses, or in the case of a firm or company, the persons who will be actually en gaged in work relating to clearance of goods through Customs on be half of that firm or company, possess satisfactory knowledge of English and the local language of the Customs Station: Provided that in the case of persons deputed to work exclusively in the docks, knowledge of English will not be compulsory. Knowledge of Hindi will be considered as an additional or desirable qualification. (5) The holders of a regular licence under regulation 10 may authorise one of their employees or partners or directors, to appear for the ex amination referred to in sub-regulation (1), on behalf of such holders of regular licence in addition to the person of their agency who has passed the examination referred to in sub-regulation (1) .10. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which intimation shall be sent individually in advance before the date of examination. Provided that an applicant who has already passed the examination referred to in Regulation 8 will not be required to appear for any further examination. (2) The applicants declared successful in written examination shall be called for oral examination. (3) It shall be necessary for the applicant to clear written as well as oral examinations separately. An applicant who clears the written examination but fails in the oral examination linked to it, shall have to clear the oral examination within two years of the related written examination irrespective of the number of chances, and if he fails to do so, he shall be treated as having failed in the examination. (4) An applicant shall be allowed a maximum period of seven years within which he shall pass both the written and oral examinations.No further extension of time shall be granted. (5) Notwithstanding anything contained in sub-regulation (4), any person who holds a temporary licence granted under regulation 8 of the Customs House Agents Licencing Regulations, 1984, shall be allowed to pass the examination within a period of two years from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of that firm or company, possess satisfactory knowledge of English and the local language of the Customs Station: Provided that in the case of persons deputed to work exclusively in the docks, knowledge of English shall not be compulsory. Knowledge of Hindi shall be considered as an additional or desirable qualification. (8) The holders of a licence under Regulation 9 may authorize any one of more of their employees or partners or directors to appear for the examination referred to in sub-regulation (1) on behalf of such holders of licence, in addition to the person of their agency who has passed the examination referred to in sub-regulation (1). 9. Grant of Licence: (1) The Commissioner of Customs shall on payment of a fee of Rs. 5,000/- grant a licence in Form B to an applicant who has passed the examination referred to in Regulation 8. 7. A comparative study of the two sets of Regulations show that the Old Regulations contemplated grant of temporary licence without requiring the applicant to pass any Examination but regular licence could be granted to the applicant only after qualifying the examination referred to in Regulation 9. The New Regulations do not provid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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