Chapter – 6

Chapter – 6
Review
15. Review :

(1) Any person or association dissatisfied with the decision of the  Investigating Officer may submit an application before the concerned distributor for review within Thirty Five days from the date of receipt of  information of decision.
(2) While submitting the application for review pursuant to Sub-rule
(1), the concerned person may submit the application for review before the  distributor directly or through the Investigating Officer against the order made by such Investigating Officer.
(3) While submitting the application for review against the decision made by the Investigating Officer, the concerned person shall have to submit  such application in the format pursuant to Schedule-9.
(4) The application for review shall include documents as follows:
(a) certified copy of the notice given by the Investigating  Officer pursuant to Rule 5 or 14,
(b) material evidence in order to prove his/her own statement,
(c) if any amount has been paid so payable pursuant to action, evaluation and order of punishment, receipt or slip
thereof.
(5) The concerned Officer shall have to forward appeal submitted through the Investigating Officer pursuant to Sub-rule (2) to the distributor within seven days.
(6) In case the application for review is not as per the rules, the distributor shall have to give notice of rejection of such application to the concerned person or association.

16. Decision of Review :

(1) The Distributor shall have to give decision on the application submitted for review pursuant to Rule 15 by paying attention towards the facts as follows:-
(a) whether fine or evaluation of loss, damage and compensation has been based on reality or not,
(b) whether grounds considered in evaluating loss, damage and compensation or imposing fine have been proved or
not,
(c) whether evaluation of loss, damage, and fine is correct or incorrect, sufficient or insufficient, or less or more.
(2) The distributor may make necessary consultation with expert on subject concerned with the offence in the course of giving decision on review.

(3) The distributor may decide to uphold or quash fine imposed to the person who has submitted application for review or loss, damage and compensation or to reduce amount of such fine or loss, damage and
compensation.
(4) File as well as decision shall have to be forwarded to the concerned Investigating Officer within seven days from the date of decision of review pursuant to Sub-rule (3).

17. Notice of Decision of the Review : The Investigating Officer shall have to give notice in the format pursuant to Schedule-10 to the concerned person or association to pay the amount of fine or loss, damage and compensation within seven days from the date of expiry of the time-limit to submit application for review, in case such application has not been submitted against the decision made by the Investigating Officer pursuant to Rule 15 and from the date of receipt of file as per the decision of the review pursuant to Sub-rule (4) of Rule 16 in case an application has been submitted for review.

18. To Postpone and Settle Action or to Lodge the Case : In case the concerned person or association has paid the amount of loss, damage and compensation within the time-limit as set forth in the notice pursuant to Rule 17, the action against him/her shall have to be postponed and settled by receiving the said  amount. In case the amount of loss, damage and compensation has not been paid, the Investigating Officer shall have to initiate action to lodge the case  setting out the said matter.