Section 10N of The Export (Quality Control and Inspection) Act, 1963
Powers of revision.
1[10N. Powers of revision.--The Central Government may, on its own motion or otherwise, call for and examine the records of any proceeding in which an order of adjudication of confiscation or imposing any penalty has been made by any officer under this Act and against which no appeal has been preferred, for the purpose of satisfying itself as to the correctness, legality or propriety of such order or decision and pass such orders thereon as it may think fit: Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person--
- (a)has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied, and
- (b)has been given a reasonable opportunity of making a representation and, if he so desires, of being heard in his defence.]
Summary
- The Central Government has the power to review and change orders on its own.
- This revision process applies to cases where no appeal was ever filed.
- The government checks if an order was correct, legal, and proper.
- If the government wants to change an order to a person's disadvantage, it must act within two years.
- The person affected must receive a "show cause" notice before their situation is worsened.
- Like other steps, the person must be given a fair chance to present their defense.
Practical examples
FAQ
1. Can the Central Government change an order if I didn't appeal under Section 10N of The Export (Quality Control and Inspection) Act, 1963?
Yes, Section 10N of the Export Quality Control Act allows the government to revise orders even if no appeal was filed.
2. How long does the government have to revise an order under Section 10N of The Export (Quality Control and Inspection) Act, 1963?
To change an order in a way that hurts you, they must send a notice within two years of the original order date under Section 10N of the Export Quality Control Act.
3. What is the purpose of revision under Section 10N of The Export (Quality Control and Inspection) Act, 1963?
It is for the government to satisfy itself about the correctness, legality, or propriety of an order, as stated in Section 10N of the Export Quality Control Act.
4. Do I get a hearing during a revision under Section 10N of The Export (Quality Control and Inspection) Act, 1963?
Yes, if the order might prejudicially affect you, you must be given a reasonable opportunity to be heard under Section 10N of the Export Quality Control Act.
Test yourself
1.Under Section 10N of The Export (Quality Control and Inspection) Act, 1963, when can the Central Government exercise its power of revision?
2.What is the time limit for sending a "show cause" notice for a negative revision under Section 10N of The Export (Quality Control and Inspection) Act, 1963?
3.What does the Central Government examine during a revision under Section 10N of The Export (Quality Control and Inspection) Act, 1963?
4.If a person has already filed an appeal under Section 10M, can the Central Government use Section 10N of The Export (Quality Control and Inspection) Act, 1963, to revise the same order?