Section 23 in Customs House Agents Licensing Regulations, 1984
23. Procedure for suspending or revoking licence under Reg. 21.
(1)The [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995) Section, 50] shall issue a notice in writing to the Custom House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said agent to submit within such time as may be specified in the notice not being less than forty-five days, to the [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995) Section, 50] nominated by him, a written statement of defence and also to specify in the said statement whether the Custom House Agent desires to be heard in person by the said [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995) Section, 50](2)On receipt of the written statement from the Custom House Agent, or where no such statement has been received within the time limit specified in the notice referred to in sub-regulation (1), the [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995) Section, 50] may inquire into such of the grounds as are not admitted.(3)The [Assistant Commissioner of Customs] [Substituted by the Finance Act 1995 (22 of 1995), Section 50.] shall, in the course of inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry it regard to the grounds forming the basis of the proceedings and he may also put any question to any person tendering evidence, for or against the Custom House Agent, for the purpose of ascertaining the correct position.(4)The Customs House Agent shall be entitled to cross-examine the persons examined in support of the grounds forming the basis of the proceedings and where the [Assistant Commissioner of Customs] [Substituted by the Finance Act 1995 (22 of 1995), Section 50.] declines to examine any person on the grounds that his evidence is not relevant or material, he shall record his reasons in writing for so doing.(5)At the conclusion of the aforesaid inquiry the [Assistant Commissioner of Customs] [Substituted by the Finance Act 1995 (22 of 1995), Section 50.] shall prepare a report of the inquiry recording his findings.(6)The [Commissioner of Customs] [Substituted by the Finance Act 1995 (22 of 1995), Section 50.] shall furnish to the Custom House Agent a copy of the report of the [Assistant Commissioner of Customs] [Substituted by the Finance Act 1995 (22 of 1995), Section 50.] and shall require the Custom House Agent to submit within the specified period not being less than sixty days any representation that he may wish to make against the findings of the [Assistant Commissioner of Customs] [Substituted by the Finance Act 1995 (22 of 1995), Section 50.](7)The [Commissioner] [Substituted by the Finance Act 1995 (22 of 1995), Section 50.] shall, after considering the report of the inquiry, and the representation thereon, if any, made by the Custom House Agent, pass such orders as he deems fit.(8)[ Any custom House Agent aggrieved by any decision or order passed under regulation 21 or sub-regulation (7) of regulation 23, may appeal under Section 129 A of the Customs Act, 1962, to the Customs and Central Excise Gold (Control), Appellate Tribunal established under section 129 (1) of Customs Act, 1962.] [Inserted by M.F. (D.R.) Notification No. 74/91 Custom (N.T.) dated 15th November, 1991]
