Suspension of customs broker licence: mandatory 90 day initiation requirement means prolonged suspensions lapse without timely proceedings.

Regulation 17(1) of the Customs Brokers Licensing Regulations, 2018 requires a written notice within 90 days of receipt of an offence report; failure to commence prescribed proceedings renders continued suspension of a customs broker licence impermissible. The article applies that mandatory timelines are jurisdictional and, where the authority suspended a licence but did not initiate proceedings for almost four years, the suspension cannot continue. The consequence is that administrative suspension lapses if the statutory initiation period is not observed, and the licence must be reinstated absent timely regulatory action.

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Issues: Whether suspension of the appellant's Customs Broker Licence can continue where no notice under Regulation 17(1) of the Customs Brokers Licensing Regulations, 2018 has been issued within the statutory period (ninety days) following confirmation of suspension under Regulation 16(2) of the CBLR, 2018.

Analysis: The Tribunal examined the sequence: initial suspension under Regulation 16(1), confirmation under Regulation 16(2), and absence of any proceedings or issuance of notice under Regulation 17(1) even after almost four years. The Tribunal relied on precedents of coordinate High Courts and Tribunals holding that the timelines in the CBLR, 2018 are mandatory; a failure to comply with the specific periods causes the suspension mechanism to cease. The analysis noted that Regulation 17(1) requires issuance of a notice within ninety days from receipt of the offence report and that non-initiation of the subsequent prescribed proceedings prevents continuation of suspension. The Tribunal applied these principles to the present facts and found the Department did not commence Regulation 17 proceedings within the statutory timeline.

Conclusion: The suspension of the Customs Broker Licence cannot continue where the Department failed to initiate proceedings under Regulation 17(1) of the Customs Brokers Licensing Regulations, 2018 within the prescribed time; the impugned order confirming suspension is set aside and the appeal is allowed.

Ratio Decidendi: Timelines prescribed by the Customs Brokers Licensing Regulations, 2018 (including the ninety-day period in Regulation 17(1)) are mandatory; failure to comply with those statutory time-limits deprives the authority of the power to continue the suspension and requires vacation of the suspension.

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