Page 172 - ELT_1st July 2020_Vol 373_Part 1

82 EXCISE LAW TIMES [ Vol. 373
7. In this context, the Regulation 9 provides for grant of licence, which
reads thus :
“9. Grant of licence. - (1) The Commissioner of Customs shall on payment
of a fee of Rs. 5,000/- grant a licence in Form B to an applicant who has
passed the examination referred to in regulation 8.
(2) The Customs House Agents who are granted licences under sub-
regulation (1) shall be eligible to work in all Customs Stations within the
country subject to intimation in Form C to the Commissioner of Customs of
the concerned Customs Station where he intends to transact business. No
separate licence shall be required in places 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 Commis-
sioner of Customs.
(3) The Commissioner of Customs may reject an application for the grant
of licence to act as Customs House Agent if the applicant is involved in
fraud or forgery, or any criminal proceedings are pending before any Court
of law against him or he has been convicted in any Court of law.
(4) Any applicant aggrieved by the order of the Commissioner of Customs
passed under sub-regulation (3) may appeal to the Chief Commissioner of
Customs or Chief Commissioner of Customs and Central Excise, as the case
may be, within a period of thirty days from the communication of such or-
der.
(5) The Chief Commissioner of Customs or the Chief Commissioner of
Customs and Central Excise, as the case may be, may, on his own motion or
otherwise, call for and examine the records of any proceedings in which the
Commissioner of Customs has passed the order under sub-regulation (3)
for the purpose of satisfying himself as to the legality, propriety or correct-
ness of such order and may pass such other orders as he may deem fit. No
order under this sub-regulation shall be made so as to prejudicially affect
any person unless such person is given reasonable opportunity for making
a representation and being heard in his defense, if he so desires.
(6) No order shall be made under sub-regulation (5) in relation to an order
passed by Commissioner of Customs under sub-regulation (3) or sub-
regulation (1), as the case may be, after the expiry of one year from the date
on which such order was passed by the Commissioner of Customs.”
While granting licence, the licensee must execute a bond and also must furnish a
security under Regulation 10, which reads thus :
“10. Execution of bond and furnishing of security. - (1) Before granting a
licence under regulation 9, the Commissioner of Customs shall require the
applicant to enter into a bond in Form D and, if necessary, a surety bond in
Form E for due observance of these regulations and shall also require him
to furnish a bank guarantee, postal security or National Savings Certificate
in the name of the Commissioner of Customs for an amount of Rs. 50,000/-
for carrying out of business as a Customs House Agent.
(2) If the applicant furnishes postal security or National Savings Certifi-
cate, the same shall be pledged in the name of the Commissioner of Cus-
toms and the applicant shall get the benefit of the interest accruing on it.”
8. Under Regulation 11, the licence once issued will be valid for 10
years, thereafter it can be renewed on application made by the licensee before the
expiry of the validity of the licence and once such application is made for renew-
al, the licensing authority, on satisfaction of the performance of the licensee can

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