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Section 64 of the Information Technology Act, 2000 - Indian Laws - Acts
Unpaid penalties imposed or compensation awarded may be recovered as arrears of land revenue. The relevant licence or electronic signature certificate must be suspended until the penalty is paid. The recovery mechanism was expanded from penalty-only wording to cover compensation, and certificate terminology was changed from digital signature to electronic signature.
Section 63 of the Information Technology Act, 2000 - Indian Laws - Acts
Contraventions under the Information Technology Act, 2000 may be compounded before or after adjudication by the Controller, a specially authorised officer, or the adjudicating officer, subject to specified conditions. The compounding amount cannot exceed the maximum applicable penalty. Repeat or similar contraventions within three years of an earlier compounded contravention cannot be compounded, while later contraventions are treated as first contraventions. Compounding precludes further proceedings for the same contravention.
Section 62 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 62 permits a person aggrieved by an Appellate Tribunal decision or order to appeal to the High Court on any question of fact or law arising from that order. The appeal must be filed within sixty days of communication. Where sufficient cause prevented timely filing, the High Court may allow a further period not exceeding sixty days.
Section 61 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 61 bars civil courts from entertaining suits or proceedings on matters that an adjudicating officer or the Appellate Tribunal is empowered to determine under the Information Technology Act, 2000. It also prevents courts and other authorities from granting injunctions concerning actions taken or proposed under powers conferred by that framework.
Section 60 of the Information Technology Act, 2000 - Indian Laws - Acts
Limitation for appeals to the Appellate Tribunal is governed by the Limitation Act, 1963, as far as may be practicable. The general statutory limitation framework applies to appellate proceedings, subject to its suitability for such appeals. The designation "Appellate Tribunal" replaced "Cyber Appellate Tribunal" through the Finance Act, 2017.
Section 59 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 59 establishes an appellant's right to legal representation before the Appellate Tribunal. An appellant may appear personally or authorise one or more legal practitioners or its officers to present the case. Legal or officer representation is available as an alternative to personal appearance for presenting the case before the tribunal.
Section 58 of the Information Technology Act, 2000 - Indian Laws - Acts
The Appellate Tribunal follows natural justice rather than Civil Procedure Code procedure and may regulate its procedure and sittings. It exercises civil-court powers to compel attendance, obtain documents or electronic records, receive affidavits, issue commissions, review decisions, and dismiss applications for default or decide them ex parte. Its proceedings have judicial-proceeding status, and it is deemed a civil court for specified criminal-procedure purposes.
Section 57 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 57 provides an appellate remedy before the Appellate Tribunal against orders of the Controller or an adjudicating officer, except consent orders. Appeals must be filed within forty-five days of receiving the order, subject to condonation of delay for sufficient cause. After hearing the parties, the Appellate Tribunal may confirm, modify, or set aside the challenged order and must communicate its order to the parties and concerned officer. Appeals are to be dealt with expeditiously, with an endeavour for final disposal within six months.
Section 56 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 56 was omitted, removing the statutory framework for Central Government provision of officers and employees to the Cyber Appellate Tribunal. Before omission, personnel performed functions under the Chairperson's general superintendence, while their salaries, allowances, and service conditions were prescribed by the Central Government. The provision had replaced the reference to Presiding Officer with Chairperson.
Section 55 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 55 confers finality on Central Government orders appointing the Chairperson or a Member of the Appellate Tribunal, barring such orders from being called in question. It also prevents acts or proceedings before the Appellate Tribunal from being challenged merely on the ground of a defect in the Tribunal's constitution.
Section 54 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 54, governing resignation and removal of Cyber Appellate Tribunal officeholders, was omitted with effect from 26 May 2017. Previously, resignation required written notice to the Central Government, subject to continued office until the earliest prescribed event. Removal for proved misbehaviour or incapacity required an inquiry by a Supreme Court Judge, notice of charges, and a reasonable opportunity of hearing. The Central Government could regulate the investigation procedure by rules.
Section 53 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 53 governing vacancies in the Cyber Appellate Tribunal has been omitted. The former provision required appointment of a replacement where a non-temporary vacancy arose in the office of the Chairperson or a Member. It also permitted tribunal proceedings to continue from the stage at which the vacancy was filled.
Section 52 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 52 was omitted under the Finance Act, 2017, with effect from 26 May 2017. It no longer prescribes salary, allowances, pension, gratuity, other retirement benefits, or other service conditions for the Chairperson and Members of the Cyber Appellate Tribunal. Before its omission, these terms were required to be prescribed.
Section 51 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 51, governing the term of office and service conditions of the Chairperson and Members of the Cyber Appellate Tribunal, stands omitted with effect from 26 May 2017. The former framework prescribed a fixed tenure subject to an upper age limit, required scrutiny of financial or other interests likely to prejudice tribunal functions, and required selected Central or State Government officers to retire from government service before assuming tribunal office.
Section 50 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 50, formerly governing appointment qualifications for the Chairperson and Members of the Cyber Appellate Tribunal, was omitted with effect from 26 May 2017. Before omission, Chairperson eligibility required High Court Judge status or qualification. Members other than the Judicial Member needed specified professional expertise and senior government service. Judicial Members required prescribed Indian Legal Service experience at the Additional Secretary or Grade I level.
Section 49 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 49 concerning the composition of the Cyber Appellate Tribunal stands omitted. Before omission, the Tribunal comprised a Chairperson and other appointed Members, selected by the Central Government in consultation with the Chief Justice of India. Its jurisdiction, powers and authority could be exercised through Benches constituted by the Chairperson. The Chairperson could transfer Members between Benches and refer matters requiring more Members to a larger Bench.
Section 48 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 48 designates the Telecom Disputes Settlement and Appellate Tribunal as the Appellate Tribunal for purposes of the Information Technology Act, 2000, from commencement of Part XIV of Chapter VI of the Finance Act, 2017. The Tribunal exercises the jurisdiction, powers and authority conferred under that framework. Its jurisdiction is exercised only in relation to matters and places specified through Central Government notification.
Section 47 of the Information Technology Act, 2000 - Indian Laws - Acts
Compensation adjudication requires due regard to quantifiable gain or unfair advantage resulting from a default, loss caused to any person, and the repetitive nature of the default when assessing the quantum of compensation.
Section 46 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 46 provides for Central Government appointment of qualified adjudicating officers to inquire into contraventions attracting penalty or compensation. Such officers have jurisdiction over damage claims up to five crore rupees, while higher claims lie before the competent court. They must provide a reasonable opportunity for representation before imposing penalties or awarding compensation. Adjudicating officers exercise specified civil-court powers, and their proceedings are treated as judicial proceedings for designated criminal, procedural and execution purposes.
Section 45 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 45 establishes a residuary penalty for contravention of rules, regulations, directions or orders where no separate penalty is prescribed. A penalty not exceeding one lakh rupees may be imposed in addition to compensation for the affected person. Compensation is capped at ten lakh rupees for an intermediary, company or body corporate, and at one lakh rupees for any other person.