- (1.) These writ petitions raise identical questions, and a common argument was addressed to the Court in all of them. Petitions Nos. 80 and 80A of 1960 have been filed by two petitioners. One petitioner holds a 'permanent' licence and the other, a 'temporary' licence renewable trienially, to work as Dalals at New Customs House, Bombay. In the other petitions also , Petitioners Nos. 1 to 50 hold permanent licences, and petitioners Nos. 51 to 99 hold temporary but renewable licences. Some of the permanent licences were issued in 1936, and some of the temporary licences were issued as far back as 1944. These licences, whether permanent or temporary, were issued under S.202 of the Sea Customs Act, 1878, prior to its amendment by the Sea Customs (Amendment ) Act, 1955 (Act 21 of 1955), They were issued after a brief enquiry and subject to the fulfilment by the applicant of the following conditions : "(1) He must produce at least 2 certificates of character each from a Justice of Peace or other persons of known respectability. (2) He must certify that he has not been convicted of any criminal offence. (3) He must declare that he will have no claim to any accommodation in the Custom House. (4) He must also give a security of Rs. 2000 in cash or Government paper having an equivalent market value and execute a Bond for Rs. 2000 on a fifteen rupees Stamp Paper in the attached form."
(2.) In 1955, by the amending Act, S. 202 was substituted by another section. The section now reads : "202. (1) With effect from such date as the Central Government may, by notification in the Official Gazette specify, no person shall act as an agent for the transaction of any business relating to the entrance or clearance of any vessel or the import or export of goods or baggage in any custom house unless such person holds a licence granted in this behalf in accordance with the rules made under sub-section (2). (2) The Chief Customs-authority may make rules for the purpose of carrying out the provisions of this section and in particular, such rules may provide for- (a) the authority by which a licence may be granted under this section and the period of validity of any such licence; (b) the form of the licence and the fees payable therefor; (c) the qualifications of persons who may apply for a licence; (d) the restrictions and conditions (including the furnishing of a security by the licencee for his faithful behaviour as regards the custom-house regulations and officers) subject to which a licence may be granted; (e) the circumstances in which a licence may be suspended or revoked; and (f) the appeals, if any, against an order of suspension or revocation of a licence, and the period within which such appeals shall be filed."
(3.) As a result of the enactment of this section, the original licences, whether permanent or temporary, would have become ineffective after the date to be specified by the Central Government. It became necessary for the petitioners and others to apply for licences granted in accordance with the rules framed under sub-s. (2). These rules were framed, and public notices were issued inviting applications; but the dates were postponed till the rules were published i.e. the Gazette on May14, 1960. It is not necessary to refer to the prior history of case rules and to the many representations that were made, as they are not relevant. On June 18, 1960, a public notice (No. 87) was issued fixing June 25, 1900, as the last date for making applications for the new licences, and the persons affected were informed that the operation of the new licences under the rules would commence on July 14, 1960. On June 27,1960, Writ Petitions Nos. 80 and 80A of 1960 were filed, followed by Writ Petitions Nos. 81 and 116 to 213 of 1960 filed on July 12, 1960. An ex parte ad interim stay of the revocation of the existing licences was of obtained from this Court, and subsequently, the respondents undertook to issue to the petitioners special temporary licences renewable yearly till the disposal of these petitions.;