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Section 57 of the Information Technology Act, 2000 - Indian Laws - Acts
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 - Indian Laws - Acts
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 - Indian Laws - Acts
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 - Indian Laws - Acts
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 - Indian Laws - Acts
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 - Indian Laws - Acts
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 - Indian Laws - Acts
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 - Indian Laws - Acts
Section 50 of the Information Technology Act, 2000 stands omitted with effect from 26 May 2017, leaving no statutory qualifications in that provision for appointment of the Chairperson and Members of the Cyber Appellate Tribunal. Previously, the Chairperson required High Court judicial eligibility, while Members required specified professional expertise and senior government-service experience. Judicial Members required senior Indian Legal Service experience.
Section 49 of the Information Technology Act, 2000 - Indian Laws - Acts
Composition of the Cyber Appellate Tribunal under section 49 of the Information Technology Act, 2000 was omitted with effect from 26 May 2017 through the Finance Act, 2017. Before omission, the Tribunal consisted of one person, described as its Presiding Officer, appointed by the Central Government through notification.
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.
Section 44 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 44 of the Information Technology Act, 2000 imposes penalties for failures to furnish required documents, returns or reports, file returns or provide information within prescribed time limits, and maintain books of account or records. Non-furnishing may attract a penalty up to fifteen lakh rupees for each failure, while delayed filings and record-keeping failures may attract daily penalties up to fifty thousand rupees and one lakh rupees respectively during the continuing default.
Section 43 of the Information Technology Act, 2000 - Indian Laws - Acts
Section 43 imposes compensatory liability on a person who, without permission of the owner or person in charge, interferes with a computer, computer system, computer network or computer resource. Covered conduct includes unauthorised access, data extraction, introduction of contaminants or viruses, damage or disruption, denial of authorised access, facilitating prohibited access, manipulation of service charges, harmful alteration of information, and intentional theft, concealment, destruction or alteration of source code to cause damage.
Section 42 of the Information Technology Act, 2000 - Indian Laws - Acts
Subscribers must exercise reasonable care to retain control of the private key corresponding to the public key recorded in their Digital Signature Certificate and prevent its disclosure. If the private key is compromised, they must notify the Certifying Authority without delay in the prescribed manner. Liability continues until the Certifying Authority receives notice of the compromise.
Section 41 of the Information Technology Act, 2000 - Indian Laws - Acts
Acceptance of a Digital Signature Certificate is deemed where a subscriber publishes or authorises publication to persons, places it in a repository, or otherwise manifests approval. By accepting it, the subscriber certifies to reasonable relying persons that they hold and are entitled to hold the corresponding private key, and that representations, relevant material information, and certificate information within their knowledge are true.
Section 40 of the Information Technology Act, 2000 - Indian Laws - Acts
Where a subscriber accepts a Digital Signature Certificate whose public key corresponds to the subscriber's private key intended for inclusion in that certificate, the subscriber must generate the corresponding key pair by applying the security procedure. This creates a subscriber obligation concerning cryptographic key generation for an accepted Digital Signature Certificate.
Section 39 of the Information Technology Act, 2000 - Indian Laws - Acts
Notice of suspension or revocation of a Digital Signature Certificate must be published by the Certifying Authority in the repository identified in the certificate for that purpose. Where more than one repository is identified, notice must be published in each specified repository.
Section 38 of the Information Technology Act, 2000 - Indian Laws - Acts
Digital Signature Certificates may be revoked on request, death, insolvency, dissolution or winding up of a subscriber, false or concealed material information, failure to meet issuance requirements, or compromise of the issuing authority's private key or security system affecting certificate reliability. The subscriber must receive an opportunity of being heard before revocation, and the revocation must then be communicated to the subscriber.