Cyber Appellate Tribunal
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sandhya lakshmanCyber Appellate Tribunal
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sandhya lakshmanCYBER APPELLATE
TRIBUNAL
INTRODUCTION
Cyber Appellate Tribunal has been established
under the Information Technology Act under
the aegis of Controller of Certifying Authorities
(C.C.A.).
The first and the only Cyber Appellate Tribunal
in the country has been established by the
Central Government in accordance with the
provisions contained under Section 48(1) of the
Information Technology Act, 2000.
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.
CONSTITUTION JURISDICTION
PROCEDURE &
POWERS
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.
CONSTITUTION
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.
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; 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.
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.
Staff of the Cyber Appellate Tribunal:
(1)The Central Government shall provide the Cyber Appellate Tribunal with
such officer and employees as that Government may think fit.
(2)The officers and employees of the Cyber Appellate Tribunal shall
discharge their functions under general superintendence of the Presiding
Officer.
(3)The salaries, 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.
JURISDICTION
Appeal to Cyber 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 Cyber Appellate Tribunal
jurisdiction in the matter.
(2) No appeal shall lie to the Cyber 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 as
prescribed.
Orders constituting Appellate Tribunal to
be final and not to invalidate its
proceedings (Section 55)
According to this section, no order of the
Central Government appointing any
person as the Presiding Officer of the
Tribunal can be questioned in any manner.
Further, no one can question any
proceeding before a Cyber Appellate
Tribunal in any manner merely on the
grounds of any defect in the Constitution
of the Tribunal.
Appeal to High Court: (Sec.62)
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.
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.
No court shall have jurisdictions 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.
PROCEDURE & POWER (Sec.58)
(1) 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 sitting.
(2) The Cyber 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, 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 of 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 and 228, and for
the purpose 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.
Right to Legal Representation (Section
59)
The appellant can either appear in person or
authorize one or more legal practitioners to
present his case before the tribunal.
Limitation (Section 60)
The provisions of the Limitation Act, 1963,
apply to the appeals made to the Tribunal.
Civil Court not to have jurisdiction
(Section 61)
If the IT Act, 2000 empowers the
adjudicating officer or the Cyber Appellate
Tribunal for certain matters, then no Civil
Court can entertain any suit or proceedings
for the same.
Further, no court can grant an injunction
on any action that a person takes in
pursuance of any power that the Act
confers upon him.
Compounding of contraventions (Section 63)
1.The Controller or any other officer that he or the adjudicating
authorizes may compound any contravention. Compounding is
possible either before or after the institution of adjudication
proceedings. This is subject to the conditions that the controller or
such other officer or the adjudicating officer specifies. Provided, the
sum does not exceed the maximum amount of penalty that the Act
allows for the compounded contravention.
2.Nothing in sub-section (1) applies to a person who commits the
same or similar contravention within a period of three years from the
date on which his first contravention was compounded. Therefore, if
the person commits a second contravention after the expiry period of
three years from the date on which his first contravention was
compounded, then this becomes his first contravention.
3.Once a contravention is compounded under sub-section (1), then no
proceeding is possible against the person guilty of the compounded
contravention.
Recovery of Penalty (Section 64)
If a penalty imposed under this
Act is not paid, then the same is
recovered as arrears of land
revenue. Further, the license or
digital signature certificate is
suspended until the penalty is
paid.
SUMMARY
To encourage people to transact through
electronic commerce.
To consider and decide the validity/legal
propriety of the orders passed by the
Adjudicating officers.
To spread awareness about the Cyber Appellate
Tribunal mechanism for redressing the grievances
of the aggrieved party against the orders of the
adjudicating officers appointed under IT Act 2000
and 2008.