Imp supply no. 18/2004
Exp supply no. 18/2004
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PUBLIC NOTICE - 41/2004, Date : 09.07.2004

Custom House Agents is invited to provisions of Regulation 19 of CHALR 2004 which reads as under

Attention of all Custom House Agents is invited to provisions of Regulation 19 of CHALR 2004 which reads as under -

Regulation 19 (1) “A Custom House Agent may having regard to the volume of work transacted by him, employ any number of persons to assist him. The minimum educational qualifications of such persons shall be 10 + 2 or equivalent”

Regulation 19 (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”

Thus, a Custom House Agent can employ any number of persons to assist him, with reference to his volume of work, only after obtaining approval of Asstt./Dy. Commissioner of Customs.

However, it is observed that majority of CHA’s who apply for Custom passes for their employees (Permanent or Temporary ) do not adhere to the above provisions in letter and spirit as they generally employ a person and after the person has been employed to work for a certain period of time, they apply for a Custom pass for that employee. This becomes evident from the offer letter issued in the beginning to the employee, submitted as a document in support for issue of Customs pass by the CHA. Moreover, such a person, whose application is being processed in the CHA Section for Custom pass, frequents Customs premises on the basis of acknowledgement given to him at the time of receipt of his application and starts transacting business with Customs (such as presenting documents, effecting clearances etc). This practice indirectly leads to un-authorized persons having access to Customs premises.

In order to streamline the functioning of CHA’S as also to restrict un-authorized persons from accessing Customs premises, it is hereby directed that the CHA’s can employ persons to assist him/them only after approval of the concerned AC/DC. The approval will have the effect of grant of Customs passes to the concerned employees of the CHA. Only after the issue of the Custom pass, a employee shall work for the CHA and then have access to Customs premises to transact business for or on behalf of the CHA.

All concerned are requested to take note of the above directives and act accordingly.

(D.S. SRA)
COMMISSIONER OF CUSTOMS (G)
MUMBAI

F.No. S/6-36/2004 - CHA

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