Circular No. 48/2000-Cus

F.NO. 502/22/99-Cus-VI
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

New Delhi, the 22th, May, 2000

Subject: CHA — qualification – clarification

In the recent past, Board has received a number of references from the field formations seeking clarification on applicability of graduation condition for Regulation 9(1) examination prescribed in CHALR’84.

2.   In 1997, the CHALR’84 were amended vide notification No. 44/97-Cus. Dated 15.9.1997 incorporating the condition of graduation as an educational qualification for issue of temporary CHA Licence. Subsequently, it was clarified vide Circular No. 62/98-Cus. VI dated 28.8.1998 that applicant sponsored in regulation 9(5) examination must also be a graduate.

3.   It may be seen that Regulation 9 examination can now be taken by two categories of person(s) (a) holders of temporary CHA Licence, (b) Persons who are sponsored by regular CHAs, under Regulation 9(5) to work on behalf of these CHAs. In case of temporary licence holders, it was clarified under Circular No. 62/98-Cus. That they would be eligible for permanent licence as and when they became eligible upon fulfilment of prescribed conditions and that the condition of graduation would not be insisted upon in case of such licence holders. In view of this, the condition of graduation may not be insisted upon in case of those temporary licence holders who had appeared at the written examination held in December 1997/August 1998 and oral tests held in February 1999 and the results of which have been withheld ofr want of a clarification from the Board. As regards (b) above, i.e. persons sponsored under Regulation 9(5), it was clarified under the same circular that the graduation condition was applicable in case of such additional persons. However, keeping in view that graduation condition is not reflected in the amending notification dated 15th September, 1997 and has only been mentioned in the Circular dated 28th August, 1998 referred to above, it may not be possible to enforce graduate condition for Regulation 9(5) candidates prior to 28th August, 1998, in case of those Regulation 9(5) sponsored candidates, who have already appeared in the Regulation 9 Examination, the condition of graduation will not be insisted upon.

All the pending cases may be decided on the above lines.

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