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TMI Blog1992 (10) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... which has been renewed from time to time under the Regulations in force. Under Regulation 8, a temporary licence to act as Customs House Agents may be granted upon fulfilling the conditions stipulated in Regulations 6. Examinations are held in accordance with Regulation No. 9 and, if a partner of apartnership firm, or any full-time employee employed by a partnership firm or a company, or any individual carrying on business by himself, qualifies by passing the said examination, then a regular licence is granted under Regulation 10. The Customs House Agents, who are granted a licence under Regulation 10, are entitled to work as such in all customs stations upon their fulfilling the requirements prescribed in sub-regulation (2) of Regulation 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igning of documents, etc. in connection with the work of the customs department. Wednesday, 21st October 1992. 3. The petitioners pointed out by their letter dated 26th December 1991, that their business was a family business, which comprised of family members as working partners, each one of whom was duly qualified to operate as Customs House Agent. The petitioners stated that all the partners would be actively involved in transacting business of the firm. By his letter dated 22nd January 1992, the 3rd respondent informed the petitioners that the Collector of Customs had decided that one person only should sign in respect of one CHA Licence. In view of this decision communicated to the petitioners, the petitioners were called upon to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an authorised Customs House Agent must operate through only one qualified person in each business with which he is connected. 5. Mr. Sethna, learned counsel for the respondents, faintly attempted to justify the action of the Collector of Customs on the basis of the affidavit filed at the time of admission of the petition. The only reasons given in justification are contained in paragraphs 5 and 6 of the affidavit dated 14th May 1992 filed on behalf of the respondents, which vaguely speak of ensuring that there would be no fraud committed and to prevent growth of monopolies in the business. While both objects may be laudable, we see no power in the Collector of Customs under the Regulations to impose such a restriction upon the Customs Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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