New Delhi, the 9th June, 2000/Jyaistha 19, 1922 (Saka)

The Cyber Regulations Appellate Tribunal

48. Establishment of Cyber Appellate Tribunal.

• The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal.
• The Central Government shall also specify, in the notification referred to in sub-section (1), the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction.

49. Composition of Cyber Appellate Tribunal.

A Cyber Appellate Tribunal shall consist of one person only (hereinafter referred to as the Residing Officer of the Cyber Appellate Tribunal) to be appointed, by notification, by the Central Government.

50. Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal.

A person shall not be qualified for appointment as the Presiding Officer of a Cyber Appellate Tribunal unless he -

• is, or has been. or is qualified to be, a Judge of a High Court, or
• is or has been a member of the Indian Legal Service and is holding or has held a post in Grade I of that Service for at least three years.

51. Term of office

The Presiding Officer of a Cyber Appellate Tribunal 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.

52. Salary, allowances and other terms and conditions of service of Presiding Officer.

The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of. the Presiding Officer of a Cyber Appellate Tribunal shall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Presiding Officer shall be varied to his disadvantage after appointment.

53. Filling up of vacancies.

If, for reason other than temporary absence, any vacancy occurs in the office n the Presiding Officer of a Cyber Appellate Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Cyber Appellate Tribunal from the stage at which the vacancy is filled.

The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of. the Presiding Officer of a Cyber Appellate Tribunal shall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Presiding Officer shall be varied to his disadvantage after appointment.

54. Resignation and removal.

The Presiding Officer of a Cyber Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the said Presiding Officer shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

The Presiding Officer of a Cyber Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges.

The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer.

55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.

No order of the Central Government appointing any person as the Presiding Officer of a Cyber Appellate Tribunal shall be called in question in any manner and no act or proceeding before a Cyber Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a Cyber Appellate Tribunal.

56. Staff of the Cyber Appellate Tribunal.

• The Central Government shall provide the Cyber Appellate Tribunal with such officers and employees as that Government may think fit
• The officers and employees of the Cyber Appellate Tribunal shall discharge their functions under general superintendence of the Presiding Officer.
• The salaries, allowances and other conditions of service of the officers and employees or' the Cyber Appellate Tribunal shall be such as may be prescribed by the Central Government.