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Section No |
X. THE CYBER REGULATIONS APPELLATE TRIBUNAL |
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48 |
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Establishment of Cyber Appellate Tribunal |
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(1) |
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The Central Government shall, by notification, establish
one or more appellate tribunals to be known as the Cyber Regulations
Appellate Tribunal. |
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(2) |
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The Central Government shall also specify, in the
notification referred to in sub-section (1), the matters and places in
relation to which the Cyber Appellate Tribunal may exercise
jurisdiction. |
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49 |
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Composition of Cyber Appellate Tribunal |
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A Cyber Appellate Tribunal shall consist of one person
only (hereinafter referred to as the Presiding Officer of the Cyber
Appellate Tribunal) to be appointed, by notification, by the Central
Government. |
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50 |
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Qualification for appointment as
Presiding Officer of the Cyber Appellate Tribunal |
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A person shall not be qualified for appointment as the
Presiding Officer of a Cyber Appellate Tribunal unless he -
| (a) |
is, or has been, or is qualified to be, a Judge of a High Court; or |
| (b) |
is or has been a member of the Indian Legal Service
and is holding or has held a post in Grade I of that Service
for at least three years. |
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51 |
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Term of office |
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The Presiding Officer of a Cyber Appellate Tribunal shall
hold office for a term of five years from the date on which he enters upon
his office or until he attains the age of sixty-five years, whichever is
earlier.
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52 |
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Salary. allowance and other terms and
conditions of service of Presiding Officer. |
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The salary and allowances payable to, and the other terms
and conditions of service including pension, gratuity and other retirement
benefits of, the Presiding Officer of a Cyber Appellate Tribunal shall be
such as may be prescribed:
Provided that neither the salary and allowances
nor the other terms and conditions of service of the Presiding Officer shall
be varied to his disadvantage after appointment. |
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53 |
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Filling up of vacancies |
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If, for reason other than temporary absence, any vacancy
occurs in the office of the Presiding Officer of a Cyber Appellate Tribunal,
then the Central Government shall appoint another person in accordance with
the provisions of this Act to fill the vacancy and the proceedings may be
continued before the Cyber Appellate Tribunal from the stage at which the
vacancy is filled. |
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54 |
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Resignation and removal |
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(1) |
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The Presiding Officer of a Cyber Appellate Tribunal may,
by notice in writing under his hand addressed to the Central Government,
resign his office:
Provided that the said Presiding Officer shall,
unless he is permitted by the Central Government to relinquish his office
sooner, continue to hold office until the expiry of three months from the
date of receipt of such notice or until a person duly appointed as his
successor enters upon his office or until the expiry of his term of office,
whichever is the earliest. |
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(2) |
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The Presiding Officer of a Cyber Appellate Tribunal shall
not be removed from his office except by an order by the Central Government
on the ground of proved misbehaviour or incapacity after an inquiry made by
a Judge of the Supreme Court in which the Presiding Officer concerned has
been informed of the charges against him and given a reasonable opportunity
of being heard in respect of these charges. |
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(3) |
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The Central Government may, by rules, regulate the
procedure for the investigation of misbehaviour or incapacity of the
aforesaid Presiding Officer. |
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55 |
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Orders constituting Appellate Tribunal to be
final and not to invalidate its proceedings |
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No order of the Central Government appointing any person
as the Presiding Officer of a Cyber Appellate Tribunal shall be called in
question in any manner and no act or proceeding before a Cyber Appellate
Tribunal shall be called in question in any manner on the ground merely of
any defect in the constitution of a Cyber Appellate Tribunal. |
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56 |
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Staff of the Cyber Appellate Tribunal |
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(1) |
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The Central Government shall provide the Cyber Appellate
Tribunal with such officers and employees as the Government may think fit. |
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(2) |
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The officers and employees of the Cyber Appellate
Tribunal shall discharge their functions under general superintendence of
the Presiding Officer. |
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(3) |
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The salaries and allowances and other conditions of
service of the officers and employees of the Cyber Appellate Tribunal shall
be such as may be prescribed by the Central Government. |
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57 |
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Appeal to Cyber Regulations Appellate
Tribunal |
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(1) |
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Save as provided in sub-section (2), any person aggrieved
by an order made by a Controller or an adjudicating officer under this Act
may prefer an appeal to a Cyber Appellate Tribunal having jurisdiction in
the matter |
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(2) |
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No appeal shall lie to the Cyber Appellate Tribunal from
an order made by an adjudicating officer with the consent of the parties. |
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(3) |
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Every appeal under sub-section (1) shall be filed within
a period of forty-five days from the date on which a copy of the order
made by the Controller or adjudicating officer is received by the person
aggrieved and it shall be in such form and be accompanied by such fee as may
be prescribed:
Provided that the Cyber Appellate Tribunal may
entertain an appeal after the expiry of the said period of forty-five days
if it is satisfied that there was sufficient cause for not filing it within
that period. |
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(4) |
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On receipt of an appeal under sub-section (1), the Cyber
Appellate Tribunal may, after giving the parties to the appeal, an
opportunity of being heard, pass such orders thereon as it thinks fit,
confirming, modifying or setting aside the order appealed against |
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(5) |
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The Cyber Appellate Tribunal shall send a copy of every
order made by it to the parties to the appeal and to the concerned
Controller or adjudicating officer. |
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(6) |
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The appeal filed before the Cyber Appellate Tribunal
under sub-section (1) shall be dealt with by it as expeditiously as possible
and endeavour shall be made by it to dispose of the appeal finally within
six months from the date of receipt of the appeal. |
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58 |
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Procedure and Powers of the Cyber Appellate
Tribunal |
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(1) |
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The Cyber Appellate Tribunal shall not be bound
by the procedure laid down by the Code of Civil Procedure, 1908 but shall be
guided by the principles of natural justice and, subject to the other
provisions of this Act and of any rules, the Cyber Appellate Tribunal shall
have powers to regulate its own procedure including the place at which it
shall have its sittings. |
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(2) |
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The Cyber Appellate Tribunal shall have, for the
purposes of discharging their functions under this Act, the same powers as
are vested in a civil court under the Code of Civil Procedure, 1908, while
trying a suit, in respect of the following matters, namely - |
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| (a) |
summoning and enforcing the attendance of any person and examining
him on oath; |
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requiring the discovery and production of documents or other
electronic records; |
| (c) |
receiving evidence on affidavits; |
| (d) |
issuing commissions for the examination of witnesses or documents; |
| (e) |
reviewing its decisions; |
| (f) |
dismissing an application for default or deciding it ex parte |
| (g) |
any other matter which may be prescribed |
Every proceeding before the Cyber Appellate Tribunal
shall be deemed .to be a judicial proceeding within the meaning of sections
193 arid 228, and for the purposes of section 196 of the Indian Penal Code
and the Cyber Appellate Tribunal shall be deemed to be a civil court for the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure,
1973. |
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59 |
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Right to legal representation |
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The appellant may either appear in person or authorise
one or more legal practitioners or any of its officers to present his or its
case before the Cyber Appellate Tribunal Limitation |
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60 |
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Limitation |
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The provisions of the Limitation Act, 1963, shall, as far
as may be, apply to an appeal made to the Cyber Appellate Tribunal. |
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61 |
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Civil court not to have jurisdiction |
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No court shall have jurisdiction to entertain any suit or
proceeding in respect of any matter which an adjudicating officer appointed
under this Act or the Cyber Appellate Tribunal constituted under this Act is
empowered by or under this Act to determine and no injunction shall be
granted by any court or other authority in respect of any action taken or to
be taken in pursuance of any power conferred by or under this Act. |
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62 |
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Appeal to High court |
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Any person aggrieved by any decision or order of the
Cyber Appellate Tribunal may file an appeal to the High Court within sixty
days from the date of communication of the decision or order of the Cyber
Appellate Tribunal to him on any question of fact or law arising out of such
order:
Provided that the High Court may, if it is
satisfied that the appellant was prevented by sufficient cause from filing
the appeal within the said period, allow it to be filed within a further
period not exceeding sixty days.
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63 |
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Compounding of Contravention |
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(1) |
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Any contravention under this Chapter may, either before
or after the institution of adjudication proceedings, be compounded by the
Controller or such other officer as may be specially authorised by him in
this behalf or by the adjudicating officer, as the case may be, subject to
such conditions as the Controller or such other officer or the adjudicating
officer may specify:
Provided that such sum shall not, in any case,
exceed the maximum amount of the penalty which may be imposed under this Act
for the contravention so compounded. |
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(2) |
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Nothing in sub-section (1) shall apply to a person who
commits the same or similar contravention within a period of three years
from the date on which the first contravention, committed by him, was
compounded.
Explanation - For the purposes of this
sub-section, any second or subsequent contravention committed after the
expiry of a period of three years from the date on which the contravention
was previously compounded shall be deemed to be a first contravention. |
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(3) |
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Where any contravention has been compounded under
sub-section (1), no proceeding or further proceeding, as the case may be,
shall be taken against the person guilty of such contravention in respect of
the contravention so compounded. |
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64 |
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Recovery of Penalty |
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A penalty imposed under this Act, if it is not paid,
shall be recovered as an arrear of land revenue and the licence or the
Digital Signature Certificate, as the case may be, shall be suspended till
the penalty is paid.
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