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TMI Blog2012 (9) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... e 8(1)of 2004 Regulations make it clear that those who have already passed the examination are not required to appear in any further examination - thus the 2004 Regulations would operate prospectively and would not in any manner effect the eligibility and entitlement of those who had qualified the examination held under the 1984 Regulations for grant of licences to act as Custom House Agents - against department. - WRIT PETITION No.2919 OF 2012 - - - Dated:- 8-8-2012 - M. Jaichandran, J. For Appellant: Mr. Joseph Prabakar For Respondent: Mr. K. Ravi Anantha Padmanabhan ORDER Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2. At this stage of the hearing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticipating in the process of grant of licence under Clause 9 of the 2004 Regulations. Of course, the applicant is required to clear the written as well as oral examinations to be held in terms of Clause 8 or those regulations. At the same time, the language of the opening paragraph of the 2004 Regulations and proviso to Clause 8(1) thereof make it clear that those who have already passed the examination are not required to appear in any further examination. It is also evident from the plain language of the opening paragraph of the 2004 Regulations that the actions already taken under the earlier regulations, that is, the 1984 Regulations were saved. In other words, the examinations held under the 1984 Regulations did not get nullified with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctory statement contained in those regulations and, therefore, the same cannot be relied upon for denying licences to the appellants. The matter deserves to be considered from another angle. The Regulations framed by the Board under Section 146(2) of the Customs Act are in the nature of delegated legislation. The language of that section and other provisions of the Customs Act do not indicate that the Board is empowered to make Regulations with retrospective effect. Therefore, the 2004 Regulations would operate prospectively and would not in any manner effect the eligibility and entitlement of those who had qualified the examination held under the 1984 Regulations for rant of licences to act as Custom House Agents. The saving clau ..... X X X X Extracts X X X X X X X X Extracts X X X X
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