KNC501/KNC601 Constitution of India, Law and Engineering

Chapter 16: Electronic Governance

Unit 1

Unit 2

Unit 3

Unit 4

Unit 5

Appendix

Cyber Regulations Appellate Tribunal

The Information Technology Act, 2000 also provides for the establishment of the Cyber Appellate Tribunal.

 

List the provisions in the IT Act, 2000 for the Cyber Appellate Tribunal-

The provisions are as follows:

  • Establishment of Cyber Appellate Tribunal (Section 48)
  • The composition of Cyber Appellant Tribunal (Section 49)
  • The qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal (Section 50)
  • The Term of Office (Section 51)
  • Filling up of vacancies (Section 53)
  • Resignation and removal (Section 54)
  • Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings (Section 55)
  • Appeal to Cyber Appellate Tribunal (Section 57)
  • Procedure and powers of the Cyber Appellate Tribunal (Section 58)
  • Right to Legal Representation (Section 59)
  • Limitation (Section 60)
  • Civil Court not to have jurisdiction (Section 61)
  • Appeal to High Court (Section 62)
  • Compounding of contraventions (Section 63)
  • Recovery of Penalty (Section 64)

Establishment of Cyber Appellate Tribunal (Section 48)

  1. The Central Government notifies and establishes appellate tribunals called Cyber Regulations Appellate Tribunal.
  2. The Central Government also specifies in the notification all the matters and places which fall under the jurisdiction of the Tribunal.

The composition of Cyber Appellant Tribunal (Section 49)

The Central Government appoints only one person in a Tribunal – the Presiding Officer of the Cyber Appellate Tribunal.

The qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal (Section 50)

A person is considered qualified for the appointment as the Presiding Officer of a Tribunal if –

  1. He has the qualification of the Judge of a High Court
  2. He is or was the member of the Indian Legal Service and holds or has held a post in Grade I of that service for at least three years.

The Term of Office (Section 51)

The Term of Office of the Presiding Officer of a Cyber Appellate Tribunal is five years from the date of entering the office or until he attains the age of 65 years, whichever is earlier.

Filling up of vacancies (Section 53)

If for any reason other than temporary absence, there is a vacancy in the Tribunal, then the Central Government hires another person in accordance with the Act to fill the vacancy. Further, the proceedings continue before the Tribunal from the stage at which the vacancy is filled.

Resignation and removal (Section 54)

  1. The Presiding Officer can resign from his office after submitting a notice in writing to the Central Government, provided:
    1. He holds office until the expiry of three months from the date the Central Government receives such notice (unless the Government permits him to relinquish his office sooner), OR
    2. He holds office till the appointment of a successor, OR
    3. Until the expiry of his office; whichever is earlier.
  2. In case of proven misbehavior or incapacity, the Central Government can pass an order to remove the Presiding Officer of the Cyber Appellate Tribunal. However, this is only after the Judge of the Supreme Court conducts an inquiry where the Presiding Officer is aware of the charges against him and has a reasonable opportunity to defend himself.
  3. The Central Government can regulate the procedure for the investigation of misbehavior or incapacity of the Presiding Officer.

Author – Dilip Kumar Rawat

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