- (1.) Civil Appeal No. 4043 of 2012 (Arising out of SLP (C) No. 14131 of 2010), Civil Appeal No. 4044 of 2012 (Arising out of SLP (C) No. 5132 of 2011), Civil Appeal Nos. 4045 -4050 of 2012 (Arising out of SLP (C) Nos. 7796 -7801 of 2010) and Civil Appeal No. 4051 of 2012 (Arising out of SLP (C) No. 7802 of 2010) : Whether the Appellants, who successfully cleared the examinations held under the Customs House Agents Licensing Regulations, 1984 (for short, 'the 1984 Regulations') are entitled to get regular licences to work as Custom House Agents is the question which arises for consideration in these appeals filed against the judgment of the Division Bench of the Delhi High Court which allowed the appeal filed by Respondent No. 1 and modified the direction given by the learned Single Judge for grant of licences to the Appellants. The Appellants were initially employed by the Custom House Agents, who were having regular licences. They were granted G -Cards under Clause 20(6) of the 1984 Regulations. They qualified the examinations conducted by the competent authority between 1995 and 2003 under Clause 9 of the 1984 Regulations. In response to Public Notice No. 25/2003, dated 20 -6 -2003 issued by the Commissioner of Customs, Delhi (for short, 'the Commissioner') for grant of temporary licences under Clause 8 of the 1984 Regulations, the Appellants submitted applications in the prescribed proforma along with the required Documents. The relevant portions of Notice dated 20 -6 -2003 are extracted below : OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT AND GENERAL)NEW CUSTOM HOUSE : NEW DELHI C.No. VIII(H)13/72/2002/Pt. Dated : 20 -6 -2003 PUBLIC NOTICE NO. 25/2003 Subject : Inviting applications for temporary Customs House Agents Licenses under CHA Licensing Regulations, 1984 - Regarding. Attention of the Trade and all public is invited to Regulation 4 of Customs House Agents Licensing Regulations, 1984. In terms of the provisions contained therein, fresh applications are invited, in the prescribed proforma, for grant of temporary Licenses under Regulation 8 of CHALR' 1984 to act as Custom House Agent at Delhi, so as to reach Policy Branch, office of the Commissioner of Customs (Import & General) New Custom House, New Delhi latest by 11 -7 -2003.
(2.) The Applicants should fulfill the conditions stipulated in the aforesaid Regulations. The Applicants should ensure their eligibility before applying for such License and in the absence of the same their applications will be summarily rejected. The application should be made in the Form 'A' as per Regulation 5 of CHALR' 1984 shall, inter alia, contain the following information - (i) If the Applicant is an individual all details should be given as per the format along with his residential address. (ii) If the Applicant is a partnership firm, the name and address of every partner of the firm along with name and other particulars of the firm. The name of the parties or the authorized employee who will be actually engaged in the clearance of the goods from Customs should be separately shown. (iii) If the Applicant are a company registered under Companies Act, 1956 the following shall be shown separately - (a) Name and address of the Directors Managers, Managing Directors etc. (b) Name and address of the persons who shall be actually engaged/transacting the business at Custom House.
(3.) The Applicant should prove to the satisfaction of the Commissioner that - (i) The Applicant is a graduate from recognized University, and (ii) The Applicant is an employee of a CHA licensee and that he possesses a permanent pass in Form 'G' (prescribed under Regulation 20) and has the experience of Customs clearance work for a period of not less than three years in the capacity of such a pass holder (attach documentary proof), and (iii) the Applicant has financial viability supported by a certificate issued by a Scheduled Bank evidencing possession of assets of the value of Rs. 50,000/ -. 2. However, before the process for grant of licences could be completed, the Government of India, Ministry of Finance issued letter dated 8 -12 -2003 to all the Chief Commissioners of Customs and other authorities to keep the process of fresh recruitment of Custom House Agents in abeyance because the Central Board for Excise and Customs (for short, 'the Board') had initiated the process for amendment of the 1984 Regulations in the light of the recommendations made by the High -powered Committee on Reduction of Transaction Costs of Indian Exports and the Kelker Committee on Indirect Taxes. 3. After three and a half months, the Board framed new regulations titled the Customs House Agents Licensing Regulations, 2004 (for short, 'the 2004 Regulations'), which were notified on 23 -2 -2004. The Commissioner then issued Circular dated 21 -5 -2004 for conducting, examinations under Clause 8 of the 2004 Regulations for holders of temporary licence under the 1984 Regulations and also for authorised employees/partners/directors as mentioned in Clause 8(8) of the 2004 Regulations. That circular reads as under : OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT AND GENERAL) NEW CUSTOM HOUSE : NEW DELHI C.No. VIII(H)13/66/04/1151 Dated 21 -5 -04 CIRCULAR It has been directed to hold the written examination under Regulation 8 of the CHA Licensing Regulation, 2004 on 14 -6 -2004 from 10.00 Hrs. to 13.00 Hrs. at New Customs House near IGI Air Port Complex, New Delhi -37. The examination is for holders of Temporary Licence under Regulation 8 of the CHALR 1984, and also for authorized employees/partners/Directors as mentioned in Regulation 8(8) of CHALR' 04. The Customs House Agents holding regular Licence may sponsor the name of one or more of their employees/partners/directors for the purpose of appearing in the above mentioned written examination. The conditions to be fulfilled by such Applicant/authorised employees are specified in Regulation 6 of the CHALR 04. The applications may be submitted on the letter head of the CHA and should be accompanied by the following : (i) Two recent photograph of the candidate duly attested by the CHAs. (ii) Certified copy of the CHA Licence. (iii) Certified copies of proof of educational qualification. (iv) Salary slip/certificate in case the candidate is employee of the CHA. All the applications must be received this office positively by ............... this on 3 -6 -04. Sd/ -Joint Commissioner (Policy) 4. With a view to clarify the doubts raised by field formations the Board issued Circular dated 10 -6 -2004, the relevant portions of which are extracted below: Circular No. 10th June, 2004. F. No. 502/4/2004 -Cus. VI (Pt.I)Government of India Ministry of FinanceDepartment of RevenueCentral Board of Excise and Customs Subject: Clarifications on CHALR 2004 Regarding I am directed to refer to the above subject and to say that references have been made by field formations to the Board seeking clarifications on various provisions of the Customs House Agents Licensing Regulations, 2004. 2. These have been examined by the Board, and necessary clarifications are given at Annexure -I enclosed. 3. These may kindly be brought to the notice of all concerned through appropriate public notices. 4. Hindi version will follow. (V. Kezo)Under Secretary to the Government of IndiaTel. No. 23094610;