Page 173 - ELT_1st July 2020_Vol 373_Part 1

2020 ] COMMISSIONER OF CUSTOMS, CHENNAI v. FREIGHT FIELD (MADRAS) PVT. LTD. 83

renew the same for the further period of 10 years. Regulation 11 reads thus :
“11. Period of validity of a licence. - (1) A licence granted under regula-
tion 9 shall be valid for a period of ten years from the date of issue and shall
be renewed from time to time in accordance with the procedure provided
in sub-regulation (2).
Provided that licence granted to a Customs House Agent, authorized under
the Authorised Economic Operator Programme, shall be valid till such time
the authorization granted to the Customs House Agent under the Author-
ised Economic Operator Programme is valid.
(2) The Commissioner of Customs may, on application made by the licen-
see before the expiry of the validity of the licence under sub-regulation (1),
renew the licence for a further period of ten years from the date of expira-
tion of the original licence granted under regulation 9 or of the last renewal
of such licence, as the case may be, if the performance of the licensee is
found to be satisfactory with reference, inter alia, to the following :-
(a) quantity or value of cargo cleared by such licensee conforming to
norms as may be specified by the Commissioner;
(b) absence of instances of any complaints of misconduct including
non-compliance of any of the obligations specified in regulation 13.
(3) The fee for renewal of a licence under sub-regulation (2) shall be
Rs. 5000/-.
Provided that there shall be no fee for renewal of a licence under sub-
regulation (2) in respect of the Customs House Agents authorized under
the Authorised Economic Operator Programme.”
9. Regulation 13 provides the obligations of Customs House Agent to
be fulfilled, which reads thus :
“13. Obligations of Customs House Agent. - A Customs House Agent
shall -
(a) obtain an authorisation from each of the companies, firms or in-
dividuals by whom he is for the time being employed as Customs House
Agent and produce such authorisation whenever required by the Deputy
Commissioner of Customs or Assistant Commissioner of Customs;
(b) transact business in the Customs Station either personally or
through an employee duly approved by the Deputy Commissioner of Cus-
toms or Assistant Commissioner of Customs;
(c) not represent a client before an officer of Customs in any matter
to which he, as an officer of the Department of Customs gave personal con-
sideration, or as to the facts of which he gained knowledge, while in Gov-
ernment service;
(d) advise his client to comply with the provisions of the Act and in
case of non-compliance, shall bring the matter to the notice of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs;
(e) exercise due diligence to ascertain the correctness of any infor-
mation which he imparts to a client with reference to any work related to
clearance of cargo or baggage;
(f) not withhold information contained in any order, instruction or
public notice relating to clearance of cargo or baggage issued by the Com-
missioner of Customs, from a client who is entitled to such information;
(g) promptly pay over to the Government, when due, sums received
for payment of any duty, tax or other debt or obligations owing to the Gov-
ernment and promptly account to his client for funds received for him from
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