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Section 60 of the Information Technology Act, 2000
Appeals to the Appellate Tribunal under the Information Technology Act, 2000 are governed, as far as practicable, by the provisions of the Limitation Act, 1963. Section 60 applies that limitation framework to appellate proceedings before the Tribunal, making the Limitation Act the governing basis for determining timeliness of an appeal.
Section 59 of the Information Technology Act, 2000
Right to legal representation before the Appellate Tribunal permits an appellant to appear personally or authorise one or more legal practitioners or officers to present the appellant's case. The provision applies to both individual and institutional appellants.
Section 58 of the Information Technology Act, 2000
The Appellate Tribunal is guided by natural justice rather than the procedure under the Code of Civil Procedure and may regulate its own procedure and sittings, subject to the governing Act and rules. It has civil-court powers to compel attendance, obtain documents or electronic records, receive affidavit evidence, issue commissions, review decisions, and dispose of applications by default or ex parte. Its proceedings have judicial-proceeding status and the Tribunal receives civil-court treatment for specified procedural-criminal purposes.
Section 57 of the Information Technology Act, 2000
Persons aggrieved by orders of the Controller or an adjudicating officer may appeal to the competent Appellate Tribunal, except where an adjudicating officer's order was made with the parties' consent. Appeals require prescribed form and fee, must ordinarily be filed within forty-five days of receipt of the order, and may be admitted late on sufficient cause. Following a hearing, the Tribunal may confirm, modify, or set aside the order.
Section 56 of the Information Technology Act, 2000
Section 56 concerning staff of the Cyber Appellate Tribunal was omitted, removing the statutory framework for Tribunal personnel. Before omission, the Central Government was required to provide officers and employees as considered fit. Their functions were subject to the general superintendence of the Presiding Officer, while salaries, allowances, and other service conditions were to be prescribed by the Central Government.
Section 55 of the Information Technology Act, 2000
Central Government orders appointing the Chairperson or a Member of an Appellate Tribunal cannot be challenged. Acts and proceedings before an Appellate Tribunal cannot be questioned merely because of a defect in the tribunal's constitution, preserving the validity and continuity of appellate proceedings.
Section 54 of the Information Technology Act, 2000
Section 54 of the Information Technology Act, 2000, concerning resignation and removal in relation to the Appellate Tribunal, stands omitted. It contains no continuing substantive rules, procedure, eligibility condition, removal mechanism, or consequence concerning resignation or removal. The provision is represented only by an omission marker and has no operative text in its present form.
Section 53 of the Information Technology Act, 2000
Section 53, dealing with filling vacancies in the Appellate Tribunal, is omitted from the Information Technology Act, 2000. No vacancy-filling procedure, eligibility criterion, appointment mechanism, consequential arrangement, or separate replacement mechanism is set out within this provision. The legal effect is confined to removal of the former statutory provision governing Appellate Tribunal vacancies.
Section 52 of the Information Technology Act, 2000
Section 52, concerning salary, allowances and other service conditions of the Appellate Tribunal Chairperson and Members, is omitted. No operative provision remains concerning remuneration, allowances, or service conditions for those office-holders, and no governing rule, condition, or procedure is specified under this heading in relation to the stated employment terms.
Section 51 of the Information Technology Act, 2000
Section 51 of the Information Technology Act, 2000, concerning the term of office and conditions of service of the Chairperson and Members of the Appellate Tribunal, stands omitted.
Section 50 of the Information Technology Act, 2000
Qualifications for appointment as Chairperson and Members of the Cyber Appellate Tribunal are omitted. The provision contains no operative eligibility criteria, appointment conditions, or qualification standards for those offices, as its text has been removed. No additional substantive requirement or replacement framework is set out.
Section 49 of the Information Technology Act, 2000
Section 49 governing the composition of the Cyber Appellate Tribunal was omitted with effect from 26 May 2017. Before omission, it required the Tribunal to consist of one person, identified as the Residing Officer, appointed by the Central Government through notification, thereby establishing a single-member appellate tribunal and central-notification appointment mechanism.
Section 48 of the Information Technology Act, 2000
The Telecom Disputes Settlement and Appellate Tribunal is designated as the Appellate Tribunal for purposes of the Information Technology Act, 2000. It exercises the jurisdiction, powers and authority conferred under that Act. The Central Government may notify the matters and places in relation to which the Tribunal may exercise jurisdiction.
Section 47 of the Information Technology Act, 2000
Compensation quantum under the Information Technology Act, 2000 is adjudged by the adjudicating officer with due regard to quantifiable gain or unfair advantage from the default, loss caused to any person by the default, and the repetitive nature of the default. These factors guide assessment of compensation within the penalties, compensation and adjudication framework.
Section 46 of the Information Technology Act, 2000
Adjudicating officers appointed by the Central Government determine Information Technology Act contraventions involving penalties or compensation. They may adjudicate damage claims within the prescribed monetary jurisdiction, while larger claims lie before the competent court. The affected person must receive a reasonable opportunity to make a representation before an inquiry leads to a penalty or compensation award. Officers require prescribed technical and legal or judicial experience and exercise specified civil court powers, with proceedings treated as judicial proceedings.
Section 45 of the Information Technology Act, 2000
Section 45 creates a residuary penalty for contravention of rules, regulations, directions or orders where no separate penalty is prescribed. The contravener is liable for a penalty up to one lakh rupees, in addition to compensation payable to the affected person. Higher compensation applies to an intermediary, company or body corporate than to any other person.
Section 44 of the Information Technology Act, 2000
Civil penalties apply for failure to furnish required documents, returns or reports to the Controller or a Certifying Authority. Defaults in filing returns or furnishing prescribed information, books or documents within regulatory time limits may attract daily penalties while the failure continues. Failure to maintain required books of account or records may also attract a daily penalty for the continuing period of non-compliance.
Section 43 of the Information Technology Act, 2000
Section 43 establishes compensatory liability for unauthorised access, data extraction, introduction of contaminants or viruses, damage, disruption, denial of authorised access, account manipulation, information interference, and source-code tampering intended to cause damage. Damages by way of compensation are payable to the affected person. Computer contaminants and viruses include harmful instructions affecting data, programmes or normal computer operations, while damage includes destruction, alteration, deletion, addition, modification or rearrangement of a computer resource.
Section 42 of the Information Technology Act, 2000
Section 42 requires every subscriber to exercise reasonable care in retaining control of the private key corresponding to the public key in the Digital Signature Certificate and to prevent its disclosure. If the private key is compromised, the subscriber must communicate the compromise without delay in the prescribed manner. Liability continues until the compromise is communicated.
Section 41 of the Information Technology Act, 2000
Acceptance of a Digital Signature Certificate is deemed where a subscriber publishes or authorises its publication, including through a repository, or otherwise demonstrates approval. By accepting it, the subscriber certifies to reasonable relying parties that the subscriber holds and is entitled to hold the corresponding private key, that representations and material information given to the Certifying Authority are true, and that certificate information within the subscriber's knowledge is true.