48. Establishment of
Cyber Appellate Tribunal
(1) The Central
Government shall, by notification, establish one or more appellate
tribunals to be known as the Cyber
(2) 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.
49. Composition of Cyber Appellate Tribunal
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.
50. Qualifications for appointment as Presiding Officer of the Cyber
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
(b) 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.
51. Term of office
Officer of a Cyber Appellate shall hold office for a term of five years
from the date on which he enters upon his office or until he attains the
age of sixty-five years, whichever is earlier.
52. Salary, allowances and other terms and conditions of service of
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 of a Cyber Appellate Tribunal shall be such as may be
Provided that 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.
53. Filling up of vacancies
If, for reason other
than temporary absence, any vacancy occurs in the office of the Presiding
Officer of a Cyber Appellate Tribunal, then the Central Government shall
appointment another person in accordance with the provisions of this Act
to fill the vacancy and the proceedings may be continued before the Cyber
Appellate Tribunal from the stage at which the vacancy is filled.
54. Resignation and removal
Officer of a Cyber Appellate Tribunal may, by notice in writing under his
hand addressed to the Central Government, resign his office :
Provided that the said Presiding Officer shall, unless he is permitted by
the Central Government to relinquish his officer sooner, continue to
office until expiry of three months from the date of
receipt of such notice or until a person duly appointed as his successor
enters upon his office or until the expiry of his terms of office,
whichever is the earliest.
(2) The Presiding Officer of a Cyber Appellate Tribunal shall not be
removed from his officer except by an order by the Central Government on
the ground of proved misbehaviour or incapacity after an inquiry made by a
Judge of the Supreme Court in which the Presiding Officer concerned has
been informed of the charges against him and given a reasonable
opportunity of being heard in respect of these charges.
(3) The Central Government may, by rules, regulate the procedure for the
investigation of misbehavior or incapacity of the aforesaid presiding
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 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.
56. Staff of the Cyber Appellate Tribunal
(1) The Central
Government shall provide the Cyber Appellate Tribunal with such officers
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
(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.
57. 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 having 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 and be accompanied by such fee as may be
Provided that the Cyber 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 Cyber 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 Cyber Appellate Tribunal shall send a copy or every order made by
it to the parties to the appeal and to the concerned Controller or
(6) The appeal filed before the Cyber 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 Cyber Appellate Tribunal
(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
(b) requiring the discovery and production of documents or other
(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.
(3) 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.
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
Cyber Appellate Tribunal.
The provisions of the Limitation Act, 1963, shall, as far as may be, apply
to an appeal made to the Cyber 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 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.
62. Appeal to High Court
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
Compounding of contraventions
(1) Any contravention under this Chapter Act may, either before or
after the institution of adjudication proceedings, be compounded by the
Controller or such other officer as may be specially authorized 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
(2) 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 purpose 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.
(3) 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 penalty
A penalty imposed under this Act, if it is not paid, shall be recovered as
an arrear of land revenue and the licence or the
Certificate, as the case may be, shall be suspended till the penalty is