Section 20 in Customs House Agents Licensing Regulations, 1984
20. Employment of persons.
(1)A licensee may, having regard to the volume of business transacted by him, employ one or more persons to assist him in his work as Custom House Agent.(2)Appointment of a person referred to in sub-regulation (1) shall be made only after obtaining the approval of the [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50.] designated by the [Commissioner] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50.] 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)Appointment of a person referred to in sub-regulation (1) shall be subject to the condition that he shall, within six months from the date of his appointment pass an examination conducted by the said [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50.] 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 statutes subject to which goods and baggage are cleared through the Customs :Provided that where any person fails to pass the examination within the period referred to in sub-regulation (3), the [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50.] may, by order in writing permit such person to appear again for the examination, but no such order shall be made in favour of a person who had been given the opportunity to appear for the examination four times.[Provided further that a person referred to in sub-regulation (1) shall have passed the 10th Standard of the Central Board of Secondary Education or its equivalent before his employment under that sub-regulation.] [Inserted by M.F. (D.R.) Notification No. 44/97-Custom (N.T.), dated 15th September, 1997.](4)Notwithstanding anything contained in sub-regulation (3) a person who has worked under a Custom House Agent and passed the examination referred to in sub-regulation (3) may, on his appointment under any other Custom House Agent with the approval of the [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50.], be exempted from passing the examination again.(5)Where the Custom 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 [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50.], a written authority in this behalf and give prompt notice in writing if such authorisation is modified or withdrawn.(6)The [Assistant Commissioner of Customs] [Substituted by the Finance Act, 1995 (22 of 1995), Section 50.] shall issue an identity card to every employee of a Custom House Agent.(i)in Form G, in case he has passed the examination referred to in sub-section (3),(ii)in Form H, in case he has not passed such examination,(iii)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 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 agent and he be held responsible for all acts or omissions of his employees in regard to their employment.
