Prospective operation of delegated legislation preserves earlier customs agent qualification; later regulations could not defeat saved eligibility.

Regulations made under the Customs Act, as delegated legislation, operate prospectively unless expressly given retrospective effect. A person who had already qualified under the Customs House Agents Licensing Regulations, 1984 could not be denied a licence merely because he did not satisfy the later 2004 Regulations, where the saving clause preserved earlier eligibility and the examination structure was substantially similar. On that construction, the licensing authority could not refuse consideration of the respondent's entitlement, and the order affirming his licence claim was upheld.

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Issues: Whether a person who had qualified under the Customs House Agents Licensing Regulations, 1984 could be denied a licence on the ground that he did not satisfy the later Customs House Agents Licensing Regulations, 2004.

Analysis: The Regulations framed under Section 146 of the Customs Act are delegated legislation. The later Regulations were held to operate prospectively and not to affect the eligibility of those who had already passed the examination under the 1984 Regulations. The saving clause in the 2004 Regulations preserved such eligibility, and the substantially similar nature of the examinations supported that construction. In view of the binding precedent relied upon, the authority could not refuse licence merely because the respondent had qualified under the earlier regime.

Conclusion: The respondent's qualification under the 1984 Regulations remained valid, and refusal of licence on the ground of non-qualification under the 2004 Regulations was not sustainable.

Final Conclusion: The appeal failed and the order directing consideration of the respondent's licence entitlement stood affirmed.

Ratio Decidendi: Regulations framed as delegated legislation operate prospectively unless expressly made retrospective, and a later regulatory regime cannot defeat the eligibility of persons who had already validly qualified under an earlier saving-protected regime.

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