Approval for employment of person as per the provisions of Regulation 19(2) of CHALR, 2004 reg. - Customs - 07/2012

OFFICE OF THE COMMISSIONER OF CUSTOMS: NEW CUSTOMS BLDG, NR. BALAJI TEMPLE KANDLA -370 210 KUTCH, GUJARAT PHONE: 02836-271468-469 FAX: 271467 Public Notice 07/2012 Sub: Approval for employment of person as per the provisions of Regulation 19(2) of CHALR, 2004 reg. On scrutiny of the applications received from the C.H.A firms for grant of Customs Cards, it is observed that certificate showing antecedent of the applicant issued by the police authority is not submitted. It is also observed that the CHA firms while appointing a person assisting in the Customs work do not seek approval of AC/DC in-charge of CHA section. The CHA firms send the application for issuance of Customs Card for their newly appointed employees without obtaining prior approval of AC/DC for their appointment. 2. In this regard, your attention is drawn to the Regulation 19 (2) of CHALR, 2004 regarding employment of person and the relevant portion of the provisions of regulation 19(2) of CHALR, 2004 are reproduced here below. 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. As per the provisions of regulation 19(2) of CHALR, 2004 , the CHA firm, before appointment of their employee (for assisting in Customs work) shall get the approval of AC/DC designated for this purpose. The AC/DC while granting approval for such appointment shall take into consideration, the antecedents and any other information pertaining to the character of such person. The CHA firm shall submit the documents as shown in the following Para, while seeking approval for appointment of their employee. The CHA firm shall also provide these documents, while applying for Customs Cards in form H G etc. 4. In view of the above circumstance, it has been informed to all the CHA firms that (1) the AC/DC in charge of the CHA section is hereby designated to deal with the matters pertain to the Regulation 19 of CHALR, 2004 ; (2) the CHA firms before appointing any person for assisting in the Customs works, seek the approval of AC/DC designated for this purpose; (3) A Certificate issued by the local police authority to the effect that the applicant is not involved in any fraud or forgery or any criminal proceedings are pending before any court of law against him or he has been convicted in any court of law, is required to be provided while seeking approval of AC/DC for appointment of new employee for assisting in Custom works; (4) A character certificate issued by any Gazatted officer is required to be produced at the time of seeking approval; (5) A Certificate of antecedent is also required to be submitted by the CHA firm including interalia, whether the applicant was show caused in any Customs case and if yes, whether he is penalized. 5. It is requested to all the concerned persons to provide the antecedents other information as above, also at the time of request for issuance of Customs Cards in form H, G etc. 6. Any difficulty faced in implementation of the above instructions may be brought to the notice of the undersigned, immediately. 7. All the concerned persons are requested to publicize the contents of this Public Notice among their members/constituents for their information and necessary action. F.No S/7-25/2012 Date: 22/05/2012 (NAVNEET GOEL) COMMISSIONER