1[68V. Rectification of mistakes.– With a view to rectifying any mistakes apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order:
Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard.]
1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)
Simplified Explanation
Section 68V allows the competent authority or the Appellate Tribunal to rectify any apparent mistakes in the orders made under this Chapter. It gives them the authority to correct any errors in the record, but it also includes safeguards to protect individuals who may be adversely affected by such corrections.
Key Provisions of Section 68V:
- Power to Amend Orders (Sub-section 1):
- The competent authority or Appellate Tribunal has the power to amend any order made by it if there is an apparent mistake in the record.
- The amendment can be made within one year from the date of the original order.
- Opportunity to be Heard (Proviso):
- If the amendment is likely to affect any person prejudicially (i.e., in a way that could harm their interests), the competent authority or Appellate Tribunal must provide the affected person a reasonable opportunity of being heard before making the amendment.
Implications of Section 68V:
- For the Competent Authority or Appellate Tribunal:
- This provision empowers both the competent authority and the Appellate Tribunal to correct mistakes in their decisions or orders, ensuring that the legal process remains accurate and fair.
- The one-year time limit for making amendments helps maintain legal certainty while allowing for necessary corrections in case of clerical errors, miscalculations, or other obvious mistakes.
- For Affected Persons:
- If a mistake in an order is identified and corrected, affected individuals may find their situation changed (either positively or negatively).
- However, the provision ensures that no one is adversely affected by a rectification without first being given an opportunity to present their case, which is a fair procedural safeguard.
- For Legal Professionals:
- Legal practitioners should advise clients that, within one year of an order, there may be an opportunity to have the order amended if it contains any clear mistakes.
- Lawyers may also need to represent clients if a rectification is likely to prejudicially affect them, ensuring that they are given the right to be heard before any changes are made.
- For the Justice System:
- This section ensures that legal decisions can be corrected if there are mistakes in the record, preventing injustice from arising due to clerical or factual errors.
- It balances the need for accuracy in the legal process with the requirement for fairness toward those affected by decisions.
Example:
Imagine that an order is issued forfeiting property, but there was a clerical error regarding the description of the property. Under Section 68V, the competent authority or Appellate Tribunal has the power to rectify this error within one year of the original order. If the rectification is likely to impact the affected person negatively, they will be given a chance to present their case before the correction is finalized.
Conclusion:
Section 68V ensures that mistakes in legal orders related to the forfeiture of property can be corrected, while also ensuring that those affected by these corrections are given a chance to defend their position. This adds a layer of fairness to the process, while also maintaining the accuracy and integrity of the legal system.
