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        Case ID :

        1993 (6) TMI 83 - HC - Customs

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        Saving clause preserved an existing customs agents licence, so fresh application and examination were not required for incorporation. A regular Customs House Agents licence granted under the repealed 1965 Regulations continued by virtue of the saving clause in Regulation 26 of the 1984 ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Saving clause preserved an existing customs agents licence, so fresh application and examination were not required for incorporation.

                                A regular Customs House Agents licence granted under the repealed 1965 Regulations continued by virtue of the saving clause in Regulation 26 of the 1984 Regulations. The court read Regulation 9 as applying only to applicants for temporary licences under the later licensing process, not to persons already holding valid regular licences. On that basis, an existing licence-holder could not be required to file a fresh application or take a new examination merely because his name was sought to be incorporated as an authorised person in the firm's licence. The objection to incorporation was rejected, and the request was permitted.




                                Issues: Whether a person already granted a licence under the Customs House Agents Licensing Regulations, 1965 could be required to apply afresh and take an examination under the Customs House Agents Licensing Regulations, 1984 before his name could be incorporated as an authorised person in the firm's licence.

                                Analysis: Regulation 26 of the Customs House Agents Licensing Regulations, 1984 contains a saving clause preserving acts done and actions taken under the repealed 1965 Regulations as if they had been taken under the corresponding provisions of the 1984 Regulations. The licence already granted under the earlier regime was therefore treated as continuing under the later Regulations. Regulation 9 was held to apply to holders of temporary licences obtained through the application process under Regulation 5, and not to persons who were already holding regular licences. There was no basis in the Regulations for insisting that existing regular licence-holders apply again for a fresh licence merely because the firm sought incorporation of an already licensed partner's name.

                                Conclusion: The objection that the licensed partner had to seek a fresh licence and undergo the examination under Regulation 9 was rejected, and the request to incorporate his name in the firm's licence was allowed.

                                Ratio Decidendi: A regular licence granted under the repealed regulations continues by virtue of the saving clause in the successor regulations, and the requirement of fresh application and examination applies only to temporary licence-holders, not to existing regular licence-holders.


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