Volume 113, Issue 60A
Royal Gazette
14 November 2539
Section49.An authority or his superior may revoke an administrative order in accordance with the criteria under section 51, section 52, and section 53, irrespective of whether or not the process designated by this law or other law for an appeal or protest has already been gone through.
Revocation of a beneficial administrative order must be done within ninety days from the awareness of the cause for which the administrative order may be revoked, save where the administrative order has been made as a result of false pretences or concealment of the facts which should be told clearly, or threat, or inducement by unlawful provision of any property or other benefit.
Section50.An unlawful administrative order may be revoked in whole or in part, either with retroactive effect or with effect for the future up to any time as may be designated. But if the order benefits a beneficiary, its revocation must follow the provisions of section 51 and section 52.
Section51.In revoking an unlawful administrative order which provides for money or for divisible property or benefit, regard shall be had to the honest belief of the beneficiary in the continued existence of the administrative order and to the public interest as well.
The honest belief under paragraph 1 shall enjoy protection only when the recipient of the administrative order has utilised the benefit accruing from the administrative order or has made financial arrangements which he can no longer rectify or change or can change only by suffering immoderate damage.
In the following cases, the recipient of the administrative order shall be prohibited from claiming the honest belief:
(1)he made false pretences or concealed the facts which should be told clearly, or exercised threat, or committed inducement by unlawful provision of any property or other benefit;
(2)he gave materially incorrect or incomplete information;
(3)he was aware of the unlawfulness of the administrative order at the time of receiving the administrative order or he was unaware thereof due to serious negligence.
In the case of revocation with retroactive effect, the return of the money, property, or benefit obtained by the recipient of the administrative order shall be governed mutatis mutandis by the provisions of the Civil and Commercial Code on unjust enrichment,
