CYBER APPELLATE TRIBUNAL (CAT) Situated At - New Delhi. OBJECTIVES - To consider and decide the validity/legal propriety of the orders passed by the Adjudicating Officer. To spread awareness about the Cyber Appellate Tribunal mechanism for redressing grievances of the aggrieved party against the order of the adjudicating officers appointed under IT Act 2000. Establishment - Established by the Central Government in accordance with the provisions contained under section 48(1) of the Information Technology Act, 2000. The tribunal, initially was known as the Cyber Regulations Appellate Tribunal (CRAT), Started functioning from october 2006. Justice R.C. Jain a retired judge of Delhi High Court was the first Presiding Officer of the Cyber Regulation Appellate Tribunal who joined as Presiding Officer on 4th October 2006. The Cyber Regulation Appellate Tribunal after the amendment of the IT Act in the year 2008 is known as the Cyber Appellate Tribunal (CAT). COMPOSITION - Chairperson + other members (As central govt. may by notification in the Official Gazette, appoint). Selection of Chairperson & members - By central Govt. with the consultation of chief justice of India. Qualification - Chairperson ( he is, or has been or is qualified to be a judge of H.C. ) Term of officer - The Presiding 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. PROCEDURE - Shall be guided by 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 sittings. Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 and for the purpose of section 196 of I.P.C 1860 and Cyber Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter 26 of the code of Criminal Procedure 1973. APPEAL - Exercise its appellate jurisdiction both on facts and law over a decision or order passed by the Controller of the Certifying Authority or the Adjudicating Officer. LIMITATION - 45 days of receiving copy of the order of the Controller or the Adjudicating Officer. NO appeal shall lie to the CAT from an order made by an adjudicating officer with the consent of the parties. 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 days.
Posted on: Thu, 18 Dec 2014 09:09:48 +0000
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