13.11.1(CYBER REGULATIONS APPELLATE TRIBUNAL)

Sections 48 to 64 deal with the establishment, etc., of the Cyber Regulations Appellate Tribunal.

Establishment of Cyber Appellate Tribunal (s. 48). The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal'

13.1l.2 composition of cyber Appellate Tribunal (s. 49). The Tribunal shall consist of one person only, known as the presiding officer and be appointed, by notification, by the Central Government.

13.11.3 Qualifications for appointment as Presiding officer of the Tribunal (s. 50). A person shall not be qualified for appointment as Presiding officer 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 India Legal Service and is holding or has held a post in Grade I of that service for at least 3 years.

13.11.4 Term Office (s. 51). The Presiding officer shall hold office for a term of 5 years from the date on which he enters upon his office or until he attains the age of 65 years, whichever is earlier.

13.11.5 Salary, allowances and other terms and conditions of service of Presiding officer (s. 52). 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 shall be such as may be prescribed. However, 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.

13.11.6 Filling up of Vacancies (s. 53). If, for reason other than temporary absence, any vacancy occurs in the office of the Presiding officer, then the Central Government shall appoint another person to fill the vacancy.

13.11.7 Resignation and Removal (s. 54). The Presiding officer may by notice in writing addressed to the Central Government, resign his office. The Central Government, may, by order, removal the Presiding officer on the ground of proved misbehaviourr or incapacity.

13.11.8 Orders Constituting Appellate Tribunal to be Final and not to invalidate its proceedings (s. 55). No order of the Central Government appointing any person as the presiding officer shall be called in question. Further no act or proceeding before the Tribunal shall be called in question on the ground merely of any defect in the constitution of the Tribunal.

13.11.9 staff of the cyber Appellate Tribunal (s. 56). The Central Government shall provide the Tribunal with such officers and employees as that Government may think. These employees and officers shall discharge their functions under general superintendence of the Presiding officer. Their salaries and allowances and other conditions of service shall he such as may be prescribed by the Central Government.

13.11.10 Appeal to Cyber Regulations Appellate Tribunal (s. 57). Any person aggrieved by an order made by controller or an adjudicating officer may prefer an appeal to the Tribunal. However, no such appeal shall lie from an order made by an adjudicating officer with the consent of the parties. Every appeal shall be filed within a period of 45 days from the date on which a copy of the order made by the controller or the adjudicating officer is received by the person aggrieved. On receipt of an appeal, the Tribunal may, after giving the parties an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

13.11.11 Procedure and powers of the Tribunal (s. 58). The Tribunal shall not be

bound by the procedure laid down by the Code of Civil Procedure. Instead it shall be guided by the principles of natural justice and subject to the other provisions of this and of any rules. Also the Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.

Further, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, while trying a suit, in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) 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 maybe prescribed.

Further, every proceeding before the Tribunal shall be deemed to be a judicial proceeding.

13.11.12 Right to legal representation (s. 59). 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 Tribunal.

13.11.13 Limitation (s. 60). The provisions of the Limitation Act, 1963 shall, as for as may be, apply to an appeal made to the Tribunal.

13.11.14 Civil court not to have jurisdiction (s. 61). No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer or the Tribunal is empowered to determine. Further 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.

13.11.15 Appeal to High Court (s. 62). Any person aggrieved by any decision or order of the Tribunal may file an appeal to the High Court within 60 days from the date of communication of the decision or order to him on any question of fact or law arising out of such order

13.11.16 Compounding of contraventions (s. 63). Any contravention under this Part may, either before or after the institution of Adjudication proceedings, be compounded by the controller or the adjudicating officer, as the case may be. However, such sum shall not exceed the maximum amount of the penalty which may be imposed for the contravention so compounded.

The benefit of compounding shall not be available to a person who commits the same or similar contravention within a period of 3 years from the date on which the contravention was previously compounded.

13.11.77 Recovery of Penalty (s. 64). A penalty imposed, if it is not paid, shall be recovered as an arrear of land revenue. Also the licence (or the Digital Signature Certificate) shall be suspended till the penalty is paid.