Regulation 17 - Employment of persons - Customs Brokers Licensing Regulations, 2013

17. Employment of persons. - (1) A Customs Broker may, having regard to the volume of business transacted by him, employ any number of persons to assist him after verifying their antecedent and identity at the declared address by using reliable, independent, authentic documents, data or information: Provided that the minimum educational qualification of such persons so employed 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, as the case may be, who shall in granting approval, 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, as the case may be, 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 who is employed under a Customs Broker and who has passed the examination 1 [referred to in] sub-regulation (3) may, on his appointment under any other Customs Broker, 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 Broker has authorised any person employed by him to sign documents relating to his business 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case may be, a written authority in this behalf and give prompt notice in writing if such authorisation is modified or withdrawn. (6) A Customs Broker shall authorise only such employee who has passed the examination referred to in 2 [regulation 6 or regulation 17] of these regulations to sign declaration on the bills of entry, shipping bills and annexure thereof. (7) 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 Broker, - (i) in Form F in case he has passed the examination referred to in regulation 6; (ii) in Form G , in case he has passed the examination referred to in sub-regulation (3); (iii) in Form H , 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 photo identity card with him and produce it for inspection on demand by any officer of the Customs Station. (8) The photo identity card in Form H shall not be withdrawn from an employee of a Customs Broker even if he fails to pass the examination referred to in sub-regulation (3). (9) The Customs Broker shall exercise such supervision as may be necessary to ensure the proper conduct of his employees in the transaction of business and he shall be held responsible for all acts or omissions of his employees during their employment. ---------------------- Notes:- Corrected vide Corrigendum dated 19-7-2013 , b efore it was read as, referred to . Corrected vide Corrigendum dated 19-7-2013 , b efore it was read as, regulation 6 .