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Clarification regarding CHA Qualifications
Circular No. 48 dated 22nd May
2000
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 of 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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