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TMI Blog2012 (10) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... hereinafter. 4. The petitioner No. 1 Ravindra Kamalakant Shukla @ Ravindra K. Shukla (hereinafter referred to as Shukla ) is the partner of the petitioner No. 2, Pacific Ocean Shipping Agency of 67, Laxmipalli, Post-Morepukur, Rishra, District-Hooghly, (hereinafter referred to as Pacific ). Pacific is a partnership firm of which Shukla, one Biswanath Brahma and one Ajay Pudder are partners. The firm is not registered under the Indian Partnership Act, 1932. 5. Shukla and his partners carry on business as Customs House Agents. According to the petitioners, Shukla, the principal partner of Pacific has vast experience in the Customs House Agency Business. 6. Section 146 of the Customs Act provides that no person shall carry on business as agent relating to the entry or departure of a conveyance or the import or export of goods at any customs station unless such person holds a licence granted in this behalf in accordance with regulations. 7. Section 146(2) of the said Act empowers the Board to make regulations for the purpose of carrying out the provisions of Section 146. Such regulations may provide for - (a) the authority by which a licence might be granted under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n question of all obligations imposed on such person in charge by or under this Act or any law for the time being in force, and to penalties and confiscations which may be incurred in respect of that matter. 9. In exercise of power conferred under Section 146(2) of the Customs Act, 1962, the Central Board of Excise and Customs made the Customs House Agents Licensing Regulations, 1984, hereinafter referred to as the CHALR, 1984. Some of the provisions of the CHALR, 1984 are set hereinbelow for convenience : 4. Invitation of application . - The Commissioner may invite application for the grant of such number of licences as assessed by him, to act as Customs House Agents in the month of January every year by means of a notice affixed on the notice board of each Customs Station as well as through publication in at least two newspapers having circulation in the area of his jurisdiction, specifying therein the last date of receipt of application. Such application shall be for clearance work within the jurisdiction of the said Commissioner. 5. Application for licence. - (1) An application for a licence to act as a Customs House Agent in a Customs Station shall be made in For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation is held in terms of regulation 9 and that the applicant has been able to account for the minimum 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 the examination in terms of regulation 9. While granting such extension the Commissioner of Customs shall satisfy himself that the requirements of regulations 10(1)(a) and 10(1)(b) had been fully met by the applicant. (2) . (3) 9. Examination of the applicant. - (1) The holder of a temporary licence in the case of an individual and the person or persons who will be actually engaged in the work of clearance of goods through customs on behalf of the firm or company holding a temporary licence, as the case may be, shall be required to qualify in examination, at the earliest opportunity. Such person or persons shall be eligible to appear in the examination as soon as temporary licence is granted and shall be permitted to avail of three chanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act as Customs House Agent if the holder of the temporary licence fails to qualify in the examination in terms of regulation 9, or the holder of temporary licence on evaluation of his performance in terms of regulation 10 is not considered suitable due to any other reason to be stated in the orders passed by the Commissioner 12. Period of validity of a regular licence. - (1) A licence granted under regulation 10 shall be valid for a period of five years, but may be renewed from time to time in accordance with procedure provided in sub-regulation (2). (2) The Commissioner of Customs, may on application made by the licensee, before the expiry of the validity of the licence under sub-regulation (1) renew the licence for a period of five years from the date of expiration of the original licence granted under regulation 10 or of the least renewal of such licence, as the case may be, if the performance of the licensee is found to be satisfactory with reference, inter alia to the following :- (a) quantity or value of cargo cleared by such licensee conforming to norms as may be prescribed by the Commissioner. (b) Absence of instances of delay either in the cleara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me and the address of the person applying; (2) If the applicant is a firm - (a) the name and address of every partner of the firm, the firm s name, and (b) the name of the partner or the duly authorized employee, who will actually be engaged in the clearance of goods or conveyance through the customs. (4) If the applicant is a company - (a) the name of each director, managing director, manager and (b) the names of director, managing director, manager of the duly authorized employee, who will actually be engaged in the clearance of goods or conveyances through the customs. 6. Conditions to be fulfilled by the applicant . - The applicant referred to in clause (b) of sub-regulations (2) and (3) of regulation 5 as the case may be, or a person who has passed the examination referred to in regulation 8, shall prove to the satisfaction of the Commissioner of Customs, that - (a) the applicant, or his authorized employee, is a graduate from a recognized University and possesses a professional degree viz. C.A./M.B.A./LL.B./Diploma in Customs Clearance work from any Institute or University recognized by the Government with a working knowledge of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 or 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 ₹ 5,000/ - grant a licence in Form B to an applicant who has passed the examination referred to in regulation 8. (2) The Customs House Agents who are granted licences under sub-regulation (1) shall be eligible to work in all Customs Stations within the country subject to intimation in Form C to the Commissioner of Customs of the concerned Customs Station where he intends to transact business. No separate licence shall be required in places where in addition to a Customs House handling imports by sea, there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... labus prescribed under the 2004 Regulations is almost identical to the syllabus prescribed under the 1984 Regulations, except for insertion in the 2004 Regulations of Regulation 8(6)(q) extracted hereinbelow : (q) on-line filing of electronic shipping bills or bills of entry and Indian Customs and Central Excise Electronic Commerce/ Electronic Data interchange Gateway [ICEGATE] and Indian Customs Electronic Data Interchange Systems [ICES]. Regulations 8(6)(a) to 8(6)(p) of the 2004 Regulations are a verbatim reproduction of Regulations 9(3)(a) to 9(3)(p) of the 1984 Regulations except for the changes indicated hereinbelow : Regulations 9(3)(m) and 9(3)(o) of the 1984 Regulations provided as follows : (m) drawback; (o) the provisions of allied Acts including Imports and Exports (Control) Act, 1947 (18 of 1947), Foreign Exchange Regulation Act, 1973 (46 of 1973), Indian 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) in so far as they are relevant to the clearance of goods through customs; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or a person who has passed the examination referred to in Regulation 8 shall prove to the satisfaction of the Commissioner of Customs that the applicant or his authorized employee is a graduate from a recognized University and possesses the professional degree as specified in the said regulation, has diploma in customs clearance work from any Institute or University recognized by the Government with working knowledge of computers and customs procedures; or is a graduate having at least 3 years experience in transacting Customs House Agent work as a G-Card holder; or a person who has passed the examination referred to in Regulation 8; or is a retired Group A officer from the Indian Customs and Central Excise Service having a minimum of ten years experience in Group A . An applicant who has passed the examination under Regulation 8 would under the 2004 Regulations, and in particular, Regulation 9 be entitled to grant of licence subject to payment of the requisite fee. 17. The view of this Court has been affirmed by the Supreme Court by its judgment dated 27th April, 2012 in Union of India Anr. v. Sunil Kohli Ors. in Civil Appeal Nos. 4053-4061 of 2012 [Arising out o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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