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Chapter X: The Appellate Tribunal

BananaIP Counsels > The Infomation Technology Act 2000 > Chapter X: The Appellate Tribunal

Chapter X: The Appellate Tribunal

 

48. [Appellate Tribunal].–

 

[(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 [Appellate Tribunal] shall be called in question in any manner and no act or proceeding before an [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.

⦁ No appeal shall lie to the 1[Appellate Tribunal] from an order made by an adjudicating officer with the consent of the parties.

⦁ 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.

⦁ 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.

⦁ 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.

⦁ 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.

⦁ 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:–

⦁ summoning and enforcing the attendance of any person and examining him on oath;

⦁ requiring the discovery and production of documents or other electronic records;

⦁ receiving evidence on affidavits;

⦁ issuing commissions for the examination of witnesses or documents;

⦁ reviewing its decisions;

⦁ dismissing an application for default or deciding it ex parte;

⦁ any other matter which may be prescribed.

⦁ 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).

 

59. Right to legal representation.–

 

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 1[Appellate Tribunal].

 

60. Limitation.–

 

The provisions of the Limitation Act, 1963 (36 of 1963), shall, as far as may be, apply to an appeal made to the 1[Appellate Tribunal].

 

61. Civil court not to have jurisdiction.–

 

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 1[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.

 

62. Appeal to High Court.–

 

Any person aggrieved by any decision or order of the 1[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 1[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.

 

63. Compounding of contraventions.–

(1) Any contravention under this 2[Act] 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.

⦁ 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.

⦁ 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.

 

64. Recovery of 3[penalty or compensation].–

 

A 4[penalty imposed or compensation awarded] under this Act, if it is not paid, shall he recovered as an arrear of land revenue and the licence or the 5[electronic signature] Certificate, as the case may be, shall be suspended till the penalty is paid.

 

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