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TMI Blog2013 (1) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... out change in the constitution of the firm or company for which fresh application should be made. That cannot be confused with the eligibility of a particular candidate to be appointed as power of attorney agent if he is otherwise qualified. The authority has confused himself with application under Regulation 15 with the status of a candidate for appointment as power of attorney in the place of late Abdul Khader. Thus clubbing of two issues appears to be inappropriate As decided in SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS [2012 (10) TMI 638 - SUPREME COURT]t under the 2004 Regulations read with proviso to Clause 8(1), candidates who have already passed the examination under the 1984 Regulation should be considered for grant of lic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... limited company by name and style M/s.Deccan Forwarding Logistics India Private Limited on 19.1.2012. On incorporation into a new company, an application dated 20.7.2012 was submitted intimating the Department about the change in constitution of the Custom House Agent licence from a firm to a limited company and sought for modification in terms of Regulation 15 of the Custom House Agents Licensing Regulation (CHALR), 2004. Several documents were filed in support of the same. Earlier one J. Abdul Khader, who was acting as a power of attorney agent ( POA in short), was working in the company. He had passed away and the same was communicated. Now the petitioner company has appointed a new power of attorney by name Shri S.Suryanarayana. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egulations, any change in the constitution thereof shall be reported by such firm or company, as the case may be, to the Commissioner of Customs as early as possible, and any such firm or a company indicating such change shall make a fresh application to the said Commissioner of Customs within a period of sixty days from the date of such change for the grant of licence under regulation 9, and the Commissioner of Customs may, if there is nothing adverse against such firm or company, as the case may be, grant a fresh licence of the category held by the applicant prior to the change in constitution. 6. Regulation 8(1) of Customs House Agents Licensing Regulations, 2004 and proviso which are relevant for the present case reads as follows:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. That cannot be confused with the eligibility of a particular candidate to be appointed as power of attorney agent if he is otherwise qualified. The authority has confused himself with application under Regulation 15 with the status of a candidate for appointment as power of attorney in the place of late Abdul Khader. 8. At the outset, clubbing of two issues appears to be inappropriate. The respondent is not justified in denying the approval of appointment of Shri Suryanarayana as power of attorney of CHALR only on the ground that he has not qualified under 2004 Regulations. The said observation by the said authority is not as per the 2004 Regulation and the decision of the Apex Court in Sunil Kohli others vs. - Union of India and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be held in terms of Clause 8 of 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 the enactment of the 2004 Regulations and the candidates who had qualified the examinations held under the 1984 Regulations are not required to again qualify the examinatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other 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 affect 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. The saving clause contained in the opening paragraph of the 2004 Regulations unmistakeably show that while enacting the new Regulations, the Board did not want to adversely impact the right of those ..... X X X X Extracts X X X X X X X X Extracts X X X X
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