The Cyber Appellate Tribunal in India:
1. has been established under the IT act
2. has powers of civil court in matters related to IT act
3. is a one person body
Which among the above is / are correct statements?
- Cyber Appellate Tribunal has been established under the Information Technology Act under the aegis of Controller of Certifying Authorities (C.C.A.).
- The first and the only Cyber Appellate Tribunal in the country has been established by the Central Government in accordance with the provisions contained under Section 48(1) of the Information Technology Act, 2000.
- The Cyber Appellate Tribunal has, for the purposes of discharging its functions under the I.T. Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. However, the procedure laid down by the Code of Civil Procedure, 1908 applies but at the same time the Tribunal is guided by the principles of natural justice.
- Initially the Tribunal consisted of only one person who was referred to as the Presiding Officer who was to be appointed by way of notification by the Central Government. Thereafter the Act was amended in the year 2008 by which section 49 which provides for the composition of the Cyber Appellate Tribunal has been changed. As per the amended section the Tribunal shall consist of a Chairperson and such number of other Members as the Central Government may by notification in the Official Gazette appoint. The selection of the Chairperson and Members of the Tribunal is made by the Central Government in consultation with the Chief Justice of India. The Presiding Officer of the Tribunal is now known as the Chairperson.
- Any person aggrieved by an order made by the Controller or by an Adjudicating Officer appointed under the Information Technology Act, 2000 can prefer an appeal before the Tribunal within 45 days of receiving a copy of the order of the Controller or the Adjudicating Officer.
- The Central Government may by notification in the Official Gazette appoint a Controller of Certifying Authorities, and also Deputy and Assistant Controllers whose qualifications, experience and terms and conditions of service may be prescribed by the Government, for discharging the functions provided under section 18 of The Act. The Act empowers the Central Government to appoint an officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer to hold an enquiry as to whether any person has contravened any provisions of the Act or any rule, regulation or direction or order made there under which renders him liable to pay penalty or compensation. The adjudicating officer appointed under the Act can exercise jurisdiction to adjudicate matters in which the claim for injury or damages does not exceed rupees 5 crore. In respect of claim for injury or damage exceeding rupees five crores, the jurisdiction shall vest with the competent court.
This question is a part of GKToday's Integrated IAS General Studies Module