Regulation 19 – Employment of persons – Customs House Agents Licensing Regulations, 2004

Customs House Agents Licensing Regulations, 2004

19. Employment of persons. — (1) A Customs House Agent may, having regard to the volume of business transacted by him, employ any number of persons to assist him. The minimum educational qualification of such persons shall be 10+2, or equivalent

(2) Appointment of a person referred to in sub-regulation (1) shall be made only after obtaining the approval of the Deputy Commissioner of Customs or Assistant Commissioner of Customs designated by the Commissioner of Customs for this purpose and in the matter of granting approval, he shall take into consideration the antecedents and any other information pertaining to the character of such person.

(3) The person referred to in sub-regulation (1) shall, within four attempts from the date of his appointment, pass an examination conducted by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs or by a Committee of Officers of Customs, to be appointed by him for the purpose, and the examination shall be such as to ascertain the adequacy of knowledge of such person regarding the provisions of the Act subject to which goods and baggage are cleared through customs.

(4) Notwithstanding anything contained in sub-regulation (3), a person employed under a Customs House Agent and who has passed the examination referred to sub-regulation (3) may, on his appointment under any other Customs House Agent, with the approval of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, be exempted from passing of such examination.

(5) Where the Customs House Agent has authorised any person employed by him to sign documents relating to the business of such agent on his behalf, he shall file with the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, a written authority in this behalf and give prompt notice in writing if such authorization is modified or withdrawn, and the person who has passed the examination referred to in regulation 8 or regulation 19 shall only be authorized to sign the declaration on the bills of entry, bills of export, bills of import, shipping bills and annexures thereof.

(6) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, shall issue a photo-identity card to every person employed by a Customs House Agent, –

(i)  in Form F [See Customs Series Form No. 52 in Part 5] in case he has passed the examination referred to in regulation 8;

(ii)  in Form G, [See Customs Series Form No. 53 in Part 5], in case he has passed the examination referred to in sub-regulation 3;

(iii)  in Form H, [See Customs Series Form No. 53A in Part 5], in case he has not passed the examination referred to in sub-regulation (3); and every such person shall, at all times when he transacts the work at the Customs Station, carry such card with him and produce it for inspection on demand by any officer of the Customs Station.

(7) The photo identity card in Form H shall not be withdrawn from an employee of a Customs House Agent even if he fails to pass the examination referred to in sub-regulation (3) even after four attempts.

(8) The Customs House Agent shall exercise such supervision as may be necessary to ensure the proper conduct of any such employees in the transaction of business as agents and be held responsible for all acts or omissions of his employees in regard to their employment.