Section 10 in Customs House Agents Licensing Regulations, 1984
10. Grant of regular licence.
(1)The [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word 'Collector'.] shall on receipt of an application in Form C, grant a regular licence in Form D on payment of a fee of [Rs. 5000] [Substituted by M.F. (D.R.) Notification No. 35192-Custom (N.T.), dated 30th April, 1992.] to such holder of a temporary licence who qualifies in an examination referred to in Reg. 9 and whose performance, is found to be satisfactory with reference, inter alia, to the following :(a)quantity or value of cargo cleared by such licence conforming to norms as may be prescribed by the [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word 'Collector'.](b)absence of instances of delay either in the clearance of goods or in the payment of duty for any reason attributable to such licences and any complaints of misconduct including non-compliance of any of the obligations specified in Reg. 14.(2)The Custom House Agents who are granted regular licences under Reg. 10, shall be eligible to work in all customs stations subject to fulfilment of the following requirements:(a)The licensee shall make an application to the [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word 'Collector'.] of the concerned customs station where he intends to transact business for purposes of registering himself and his authorised staff;(b)he fulfils the conditions stipulated in Clause (b) of Reg. 6 relating to financial soundness and possesses the ability to provide adequate warehousing and transport facilities at the place of clearance of goods and production of evidence relating to availability of sufficient clientele at his disposal;(c)he shall also be required to enter into a separate bond in Form D for due observations of these regulations and to furnish a separate Bank Guarantee for each customs station as stipulated under Reg. 11;(cc)[ he shall produce evidence of knowledge of the local language of the customs station at which he wished to conduct business] [Inserted by Notification No. 240/84 [F. No. 502/8/83 Custom VI], dated 17th September, 1984.](d)on fulfilment of the aforesaid conditions the Collector of the Customs Station at which the licensee intends to transact business shall grant a licence in Form D, authorising him to transact business at that customs station;Provided that no separate licence would be required in place where in addition to a customs house handling imports by sea, there is also an International airport to handle imports by air even if under the jurisdiction of a different [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word 'Collector'.](3)The [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word 'Collector'.] may reject an application for the grant of regular licence to act as Customs House Agent if the holder of the temporary licence fails to qualify in the examination in terms of Reg. 9, or the holder of temporary licence on evaluation of his performance in terms of Reg. 10 is not considered suitable due to any other reason to be stated in the orders passed by the [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word 'Collector'.](4)[] [Inserted by M.F. (D.R.) Notification No. 74/91-Custom (N.T.), dated 15th November, 1991.] Any person aggrieved by the order of the [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50, for the word Collector.] passed under sub-regulation (3) of Regulation 10, may represent to [the Chief Commissioner of Customs or Chief Commissioner of Customs and Central Excise, as the case may be, against such order within 30 clay-s of communication of the impugned order.] [Substituted by M.F. (D.R) Notification No. 44/97-Custom (N.T.), dated 15th Septembers, 1997.](5)[] [Inserted by ibid.] The Chief Commissioner may on his own motion or otherwise call for and examine the records of any proceedings in which the Commissioner has passed any order under sub-regulation (3) for the purpose of satisfying himself "as to the legality, propriety to correctness of such order and may pass such orders as he may deem fit. No order under this sub-regulation shall be made so as to prejudically affect any person unless such person is given reasonable opportunity for making a representation and being heard in his defence, if he so desires.(6)No order shall be made under sub-regulation (2) of Regulation 5 or sub-regulation (2) of Regulation 8 in relation to an order passed by Commissioner under sub-regulation (3) or sub-regulation (1) of Regulation 8, as the case may be, after the expiry of one year from the date on which such order was passed by the Commissioner.
