PRESENTATION

ON

Alternative Dispute Resolution (ADR)

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 Alternative Dispute Resolution-ADR
(Sec 192A - 192J)

• Dispute lying with Customs authority, appellate authority

or higher court may be resolved through ADR.
• Forgery or criminal offence or dispute involving question
of law not to be resolved through ADR.
• Board may designate one or more Custom House or
Customs Station or Commissionerate for processing the
application of ADR.
• Dispute resolved can’t be questioned in court.
• Dispute which can’t resolved be under normal process.
• Time spent for ADR will not included in time for appeal.
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 Other Features of ADR

• Applicant & Customs representative can raise objection

against facilitator(rule-4).
• Board will make list of facilitator (rule-5).
• Facilitator will fix date,time & place for ADR (rule-6).
• Facilitator should follow some conduct rules (rule-7).
• Facilitator can sent back any application of ADR(rule-8)
• Right and responsibility of Applicant (rule-9).
• Appointment of departmental representative(rule-10).
• Honorarium for Facilitator (rule-11).

[SRO no 54-law/2012/2379-cus dated 23/02/2012]

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 PROCESS OF ADR (rule-3)
 In case of Custom House/Station-

 Where applicable Empowered Officer, Commissioner(appeal) or Tribunal will

nominate facilitator from the list.
 Apply to Commissioner or Commissioner(appeal) or Tribunal in “Form-1” two sets
along with fees mentioned in rule 11.
 Keep record of application in a register in“Form-2 ”.
 Empowered Officer will nominate Customs representative within 01 (one) working
days and inform applicant, facilitator & Customs representative within 2 (two)
working days.
 Empowered Officer will forward files, documents with opinion to facilitator within next
4 (four) working days.

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 PROCESS OF ADR(rule-3)

 In case of Com.(appeal),Tribunal or High court-

• 3 (three) sets application to commissioner(appeal)
/President(appellate tribunal) or High court in “Form-1”
along with fees.
• Keep record of application in a register in “Form-2”.
• Commissioner(appeal)/President(appellate tribunal) will
inform facilitator within 08 (eight) working days.
• Commissioner(appeal)/President(appellate tribunal) will
sent one set application to concern Commissioner for
opinion.
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 Functions of Facilitator(rule-6)

• Where the dispute is settled fully or partially, Facilitator will

write down the proceeding of agreement including terms and
conditions of payment or refund in “Form-3” and take
signature of both parties, inform the concern Authority within
02 (two) working days.

• Where the dispute is not settled, Facilitator will write down the
reason in “Form-3” and take signature of both parties, inform
concern Commissioner, Commissioner (appeal),or Tribunal
within 2 (two) working days.

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 Qualification of Facilitator(rule-5)

• Efficient and Experienced retired officer of Customs not

below the rank of Joint Commissioner.
• Retired officer of Judicial service not below the rank of
Additional District Judge.
• Lawyer and Chartered accountant having 07(Seven)
years experience in Customs act and rule.
• Efficient and Experienced retired officer of Law and
Legislative not below the rank of Deputy Secretary.
• Businessman experienced in Customs act and rule.

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 Functions of Facilitator(rule-6)

• Facilitator will ascertain the issue and working procedure.

• After receiving file Facilitator will check whether the case is disposable under
Customs act and rule.
• If the case is not disposable, Facilitator will return back the file to concern authority.
• Facilitator will fix date, time and venue for hearing and inform the applicant and
concern Commissioner.
• Facilitator will help the both parties to settle the dispute.

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 Honorarium for Facilitator (rule-11)
Sl Disputed Subject & Value Amount of Honorarium
no

1 1,00,000 to 2,00,000 Tk 5% of disputed Value

2 2,00,001 – 5,00,000 Tk 4% of disputed Value

3 5,00,001 – 10,00,000 Tk 3% of disputed Value

4 10,00,001 – 25,00,000 Tk 2.5% of disputed Value

5 Above 25,00,000 Tk 2% of disputed Value

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 ADR-SRO

• ADR (SRO- 54/2012)

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 Q&A
SESSION

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THANK YOU

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