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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 ..... egular one under the Customs House Agents Licensing Regulations, 2004 (hereinafter described as 'the New Regulations'). He has further prayed for issue of a mandamus to respondent No. 2 to convert temporary licence No. TL.02/2003 into a regular licence. 2 . The aforementioned prayer of the petitioner is founded on the assertion (that he has passed the examination conducted under the Customs House Agents Licensing Regulations, 1984 (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddy emphasized that the New Regulations do not contain provision for grant of tempo rary licence, as was contained in the Old Regulations and argued that the temporary licence holder cannot seek a direction for grant of regular licence without fulfilling the requirement specified in Regulation 8(5) of the New Regulations. 6. We have thoughtfully considered the respective arguments. The expression 'Custom House Agent' as defined in Regulation 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of one licence, it shall be open to such Agents to obtain a temporary licence under Regulation from the Commissioner, other than the one who has issued them the existing licence, without being required to comply with the requirements of Regulation 6 in regard to financial viability or the requirements as to fresh deposit in terms of Regulation 11. 8. Grant of temporary licence - Any applicant whose application is received within the last date specified 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hibitions on import and export; (k) bonding procedure and clearance from bond; (1) re-importation and conditions for free re-entry; (m) drawback; (n) offences under the Act; (o) the provisions of allied Acts including Imports and Exports (Control) Act, 1947 (18 of 1947), Foreign Exchange Regulation Act, 1973 (46 of 1973), Explosives Act, 1884 (4 of 1884), Arms Act, 1959 (54 of 1959), Opium Act, 1878 (1 of 1878), Drugs and Cosmetics Act, 1940 (23 of 1940), Destructive Insects 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not less than Rs.2 lakhs; (c) the applicant is a citizen of India. 8. Examination of the applicant: (1) Any applicant whose application is received within the last date specified in the notice or publication, as the case may be, referred to in Regulation 4 and who satisfies the requirements of Regulations 5 and 6, shall be required to appear for the written as well as oral examination conducted by the Director General of Inspection at specified centers and specified dates, twice every year, for 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E) and Indian Customs Electronic Data Interchange Systems (ICES). (7) The Commissioner of Customs shall also satisfy himself whether the applicant, if he is an individual, possesses, or in the case of a firm or company, the persons who shall be actually engaged in the work relating to clearance of goods through customs 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vision has been made that the applicant must be well conversant with the export promotion sche 8. If the petitioner's claim is considered in the backdrop of the scheme of the New Regulations with particular reference to the non-obstante clause contained in Regulation 8 (5) and the additional subjects/enactments with reference to which questions could be put to the applicant, it is not possible to accept the argument of Ms. M. Vidyavathi that the rejection of application made by M/s. Portlinks for grant of regular licence is legally/untenable In our considered view, passing of the examination in terms of Regulation 8 of the New Regulations is a condition precedent for grant of licence under Regulation 9 and the petitioner, who has not passed the examination, cannot contend that the decision taken by respondent No. 2 is arbitrary. 9. It is also significant to note that the New Regulations do not provide for conversion of temporary licence into regular one as was the situation obtaining under the Old Regulations. Therefore, the Court cannot direct respondent I No. 2 to accept the application made on behalf of M/s. Portlinks for conversion of temporary licence into regular one. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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