Recently amendment has been issued in “The Information Technology Act, 2000.
THE INFORMATION TECHNOLOGY ACT, 2000
CHAPTER X
THE 2[APPELLATE TRIBUNAL]
47. 3[Appellate Tribunal].–4[(1) The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.]
(2) The Central Government 5[shall specify, by notification] the matters and places in relation to which the 2[Appellate Tribunal] may exercise jurisdiction.
6[49. [Composition of Cyber Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017),
s. 169 (w.e.f. 26-5-2017).
50. [Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
51. [Term of office, conditions of service, etc., of Chairperson and Members.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
52. [Salary, allowances and other terms and conditions of service of Chairperson and Members.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
52A. [Powers of superintendence, direction, etc.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017). 52B. [Distribution of business among Benches.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017). 52C. [Power of Chairperson to transfer cases.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
52D. Decision by majority.–If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the 2[Appellate Tribunal] who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.]
53. [Filling up of vacancies.] Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017).
54. [Resignation and removal.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.–No order of the Central Government appointing any person as the 7[Chairperson or the Member] of a 2[Appellate Tribunal] shall be called in question in any manner and no act or proceeding before a
1. Ins. by Act 10 of 2009, s. 23 (w.e.f. 27-10-2009).
1. Subs. by Act 7 of 2017, s. 169, for ―Cyber Appellate Tribunal‖ (w.e.f. 26-5-2017)
2. Subs. by s. 169, ibid., for ― Establishment of Appellate Tribunal‖ (w.e.f. 26-5-2017).
3. Subs. by s. 169, ibid., for sub-section (1) (w.e.f. 26-5-2017).
4. Subs. by s. 169, ibid., for ―shall also specify, in the notification referred to in sub-section (1)‖ (w.e.f. 26-5-2017). 6. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
7. Subs. by s. 29, ibid., for ―Presiding Officer‖ (w.e.f. 27-10-2009).
1[Appellate Tribunal] shall be called in question in any manner on the ground merely of any defect in the constitution of a 1[Appellate Tribunal].
56. [Staff of the Cyber Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017).
57. Appeal to 1[Appellate Tribunal].–(1) Save as provided in sub-section (2), any person aggrieved by an order made by controller or an adjudicating officer under this Act may prefer an appeal to a 1[Appellate Tribunal] having jurisdiction in the matter.
(2) No appeal shall lie to the 1[Appellate Tribunal] from an order made by an adjudicating officer with the consent of the parties.
(3) 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 the 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 1[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.
(4) On receipt of an appeal under sub-section (1), the 1[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.
(5) The 1[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.
(6) The appeal filed before the 1[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.
58. Procedure and powers of the Appellate Tribunal].–(1) The 1[Appellate Tribunal] shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 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 1[Appellate Tribunal] shall have powers to regulate its own procedure including the place at which it shall have its sittings.
(2) The 1[Appellate Tribunal] shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), 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 may be prescribed.
(3) Every proceeding before the 1[Appellate Tribunal] shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860) and the 1[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 (2 of 1974).
By
M.Bakthavatsalam Retired SSPOs Cell no. 6374660172
P.Karunanithy, Retired SPOs Cell no.94433296681
Recently amendment has been issued in “The Information Technology Act, 2000.
CHAPTER X
THE 2[APPELLATE TRIBUNAL]
47. 3[Appellate Tribunal].–4[(1) The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.]
(2) The Central Government 5[shall specify, by notification] the matters and places in relation to which the 2[Appellate Tribunal] may exercise jurisdiction.
6[49. [Composition of Cyber Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017),
s. 169 (w.e.f. 26-5-2017).
50. [Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
51. [Term of office, conditions of service, etc., of Chairperson and Members.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
52. [Salary, allowances and other terms and conditions of service of Chairperson and Members.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
52A. [Powers of superintendence, direction, etc.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017). 52B. [Distribution of business among Benches.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017). 52C. [Power of Chairperson to transfer cases.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
52D. Decision by majority.–If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the 2[Appellate Tribunal] who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.]
53. [Filling up of vacancies.] Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017).
54. [Resignation and removal.] Omitted by s. 169, ibid. (w.e.f. 26-5-2017).
55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.–No order of the Central Government appointing any person as the 7[Chairperson or the Member] of a 2[Appellate Tribunal] shall be called in question in any manner and no act or proceeding before a
1. Ins. by Act 10 of 2009, s. 23 (w.e.f. 27-10-2009).
1. Subs. by Act 7 of 2017, s. 169, for ―Cyber Appellate Tribunal‖ (w.e.f. 26-5-2017)
2. Subs. by s. 169, ibid., for ― Establishment of Appellate Tribunal‖ (w.e.f. 26-5-2017).
3. Subs. by s. 169, ibid., for sub-section (1) (w.e.f. 26-5-2017).
4. Subs. by s. 169, ibid., for ―shall also specify, in the notification referred to in sub-section (1)‖ (w.e.f. 26-5-2017). 6. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
7. Subs. by s. 29, ibid., for ―Presiding Officer‖ (w.e.f. 27-10-2009).
1[Appellate Tribunal] shall be called in question in any manner on the ground merely of any defect in the constitution of a 1[Appellate Tribunal].
56. [Staff of the Cyber Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 169 (w.e.f. 26-5-2017).
57. Appeal to 1[Appellate Tribunal].–(1) Save as provided in sub-section (2), any person aggrieved by an order made by controller or an adjudicating officer under this Act may prefer an appeal to a 1[Appellate Tribunal] having jurisdiction in the matter.
(2) No appeal shall lie to the 1[Appellate Tribunal] from an order made by an adjudicating officer with the consent of the parties.
(3) 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 the 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 1[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.
(4) On receipt of an appeal under sub-section (1), the 1[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.
(5) The 1[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.
(6) The appeal filed before the 1[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.
58. Procedure and powers of the Appellate Tribunal].–(1) The 1[Appellate Tribunal] shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 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 1[Appellate Tribunal] shall have powers to regulate its own procedure including the place at which it shall have its sittings.
(2) The 1[Appellate Tribunal] shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), 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 may be prescribed.
(3) Every proceeding before the 1[Appellate Tribunal] shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860) and the 1[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 (2 of 1974).
By
M.Bakthavatsalam Retired SSPOs Cell no. 6374660172
P.Karunanithy, Retired SPOs Cell no.94433296681
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