Legal Document

Title: The Review, Appeal and Revision Order-1977
Type: Order
Issuing Agency: Chief Controller of Imports & Exports (CCI&E)
Responsible Agency: Ministry of Commerce
Issuing Date: 10-10-1977

Registared No. DA-I

The Bangladesh Gazette

Extraordinary

Published by Authority

MONDAY, OCTOBER 10, 1977


GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

MINISTRY OF COMMERCE

NOTIFICATION.

Dacca, the 10th October, 1977.

 

No. S.R.O. 313-L/77.- In exercise of the powers conferred by sub-section (1) of section 3 of the Imports and Exports (Control) Act. 1950 (XXXIX) of 1950) and in supersession of the Review, Appeal and Revision Order, 1957, the Government is pleased to make the following Order, namely :-

 

THE REVIEW, APPEAL AND REVISION ORDER 1977.

 

  1. This Order may be called the Review, Appeal and Revision Order 1977.
  2. In this Order, unless there is anything repugnant in the subject of context,-

 

  1. “appeal” means-

 

  1. in the case of an application by a party aggrieved by an order passed in review by a licensing authority other than the Chief Controller of Imports and Exports, consideration thereof by the Chief Controller of Imports and Exports; and
  2. in the case of an application by a party aggrieved by an order passed in review by the Chief Controller of Imports and Exports, consideration thereof by the Secretary to the Government in the Ministry of Commerce.

 

  1. “Licensing authority” means the Chief Controller of Imports Exports, Controller of Imports and Exports, Dacca, Controller of Imports and Exports, Chittagong, Joint Controller of Imports and Exports, Rajshahi, as the case may be;
  2. “Party” means a company or firm or a branch thereof, institution, body organization, person or group of persons, applying in the manner prescribed by any order or rules made under the Imports & Exports Control Act., 1950 (XXXIX of 1950), to import goods into, or export goods out of Bangladesh;
  3. “review” means :

 

  1. in the case of an application for an import or export licence or permit, or revalidation of an import or export licence or permit or enhancement of categories or change of item or category, reconsideration by the same licensing authority of an order passed by it; and
  2. In the case of an application for a ruling on the Import Trade Control Classification, reconsideration by the Chief Controller of Imports and Exports of an order passed by him;

(e) “Revision” means consideration by the Secretary to the Government in the Ministry of Commerce of an order passed in appeal by the Chief Controller of Imports and Exports.

 

3. Review- (1) After an order on an application for an import or export license or permit, or revalidation of an import or export licence or permit or enhancement of categories or change of item or category has been communicated or published, the party may, within one month of the date of the receipt of the communication or publication of the order as the case may be, make an application for review to the licencensing authority concerned.

 

            (2) After an order on an application for a ruling relating to the Import Trade Control Classification has been communicated or published by the Chief Controller of Imports and Exports, the party amy within one month of the date of the receipt of the communication or publication of the order, as the case may be, make an application for review to the Chief Controller of Imports and Exports.

 

4. Appeal (1) After an order in review under sub-clause (1) of clause 3 has been communicated or published, the party may, within one month or the date of receipt of the communication or publication of the order, as the case may be, make an appeal to the Chief Controller of Imports and Exports.

 

            (2) After an order in review under sub-clause (2) of clause 3 has been communicated or published, the party may, within one month of the date of the receipt of the communication or publication of the order, as the case may be, make an appeal to the Secretary to the Government in the Ministry of Commerce.

 

5. Revision:- After an order in appeal under sub-clause (1) of clause 2 has been communicated or published, the party may, within one month from the date of the receipt of the communication or publication of the order, as the case may be, make an application for revision to the Secretary to the Government in the Ministry of Commerce.

 

6. Remedy in case of delay in disposing of review and appeal petition. If no order is passed by the licensing authority concerned on the application for review made under clause 3 or appeal preferred under sub-clause (1) of clause 4 within three months from the date of receipt of the application or the memorandum of appeal, the party may make an appeal or an application for revision, as the case may be, to the authority concerned in accordance within provisions of this Order.

 

7. Procedure to be followed in making application for review, etc. No application for review or revision and no appeal shall be considered unless make in accordance with the procedure specified in the preceding clauses.

 

            Provided that an application for review or revision or an appeal may be entertained for consideration after the expiry of the period specified for the purpose if such application or appeal is filed within three months after such expiry and the authority concerned is satisfied that the delay was caused by circumstances beyond the control of the applicant or the appellant, as the case may be, and if the authority concerned entertains the application or the appeal, it shall record in writing the reasons for such entertainment.

8. Parties to be heard:- No order in review, appeal or revision shall be made without giving the party an opportunity of being heard unless, for reasons to be recorded in writing, the reviewing appellate or revising authority considers giving of such opportunity un-necessary.

 

9. Fees to be paid:- (1) Every application for review or revision and every appeal shall be accompanied with a Treasury Challan in the original showing payment of the necessary fees specified below:-

 

            (a) fees for review -------------------------           Taka. 50.00

            (b) fees for appeal -------------------------        Taka. 100.00

            (c) fees for revision ------------------------         Taka. 200.00

 

                        (2) The amount of fees specified in sub-clause (1) shall be credited under the head “XLVI- Miscellaneous Fees realized under the Imports and Exports (Control) Act, 1950.”

 

10. Savings:- All applications for review or revision and all appeals pending on the commencement of this Order with a licensing authority or with the Secretary to the Government in the Ministry of Commerce shall be disposed or by such licensing authority or Secretary, as the case may be, as if this Order had not come into force.

 

                                                                                                 By order of the President

                                                                                              Md. MAFIZUR RAHMAN

                                                                                                       Deputy Secretary.

 


Printed by the Officer-in-charge, Bangladesh Government Press, Dacca. Published by the Assistant Controller-in-charge, Bangladesh Forms & Publications Office. Dhaka.


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