Date: |
15-05-2019
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Notification No: |
ECA Circular No. 24
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Issuing Authority: |
DGFT
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Type: |
Circular
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File No: |
F.No. 18/04/HQ/2019-20/ECA.II//212 |
Subject: |
Administrative Review of Adjudication Orders passed by subordinate officers - regarding.
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Government of India Ministry of Commerce and Industry Directorate General
of Foreign Trade `H’-Wing, Udyog Bhawan, New Delhi-110011
ECA Circular No. 24
Dated: 15, May, 2019
Subject: Administrative Review of Adjudication Orders passed by subordinate
officers – regarding.
Various RAs of this Directorate keep on
adjudicating matters under the Foreign Trade (Development and Regulation) Act
1992, as per powers stated in Notification No. 20 Dated 13th June 2013. Appeals
or Reviews against such Orders are made under Section 15 and 16 of the said act.
2. While dealing with the Reviews, it has been observed that, in many cases,
quality of Adjudication Orders (0-in-Os), specially passed by the junior
officers is not up to the Many a times 0-in-Os are stereotyped and vague. The
contraventions are not crystallised nor are the revenue implications quantified.
The amount of penalty imposed does not bear any reference to the quantum of
default. Contentions/submissions of the parties are also not adequately
analysed. Sometimes the orders are passed in a hurry without providing natural
justice to the parties. In many cases even the IEC numbers of the parties are
not mentioned.
3. Therefore it has been decided that in order to improve
quality of 0-in-Os, there should be a procedure of an Administrative Review (AR)
of select Orders made by the officers below the level of Addl. DGFT. Such ARs
would be conducted by the DGFTs in the RAs for the Orders passed under their
Appellate jurisdiction as notified in O&M Instruction No. 3/2016 dated
05/09/2016. These ARs shall be purely administrative in nature to guide the
Adjudicating Authorities for improvements and would not affect the
quasi-judicial proceedings. The Addl. DGFTs conducting the ARs would convey
their observations to the relevant Adjudicating Authorities and see that the
officers implement the suggested improvements in their future 0-in-Os.
Appropriate action may be taken in case any gross violation in passing an O-in-O
is observed.
4. All the RAs are required to regularly upload on the DGFT
website all the Orders passed by them. This Directorate would identify the
Orders for AR on quarterly basis and convey the same to the respective Addl.
DGFTs. The observations made under the AR and corrective action taken by the
Adjudicating Authorities should be shared with this Directorate.
5. This
issues in supersession of DGFT’s O&M Instruction No.06/2018 dated 06.10.2018.
F.No. 18/04/HQ/2019-20/ECA.II//212
(Rajbir Sharma) Jt. Director
General of Foreign Trade For Director General of Foreign Trade
Email-rajbir.sharma@nic.in Tel: 23061056
To 1. PSO of Commerce Secretary, Department of Commerce, Udyog Bhawan, New
Delhi. 2. PPS to DGFf. 3. All officers/Sections of DGFf. 4. Zonal
offices/Regional offices of DGFf. 5. Guard File.
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