THE GAZETTE OF INDIA EXTRAORDINARY
(Parr 1kE—
(@) the Central Government shall, by notification in the Official Gazette,
specify the areas in relation to which each Bench of the Cyber Appellate Tribunal
may exercise its jurisdiction.
(4 Notwithstanding anything contained in sub-section (3), the Chairperson of
the Cyber Appellate Tribunal may transfer a Member of such Tribunal from one Bench
to another Bench.
(5) Ifat any stage of the hearing of any case or matter it appears to the Chairperson
or a Member of the Cyber Appellate Tribunal that the case or matter is of such a nature
that it ought to be heard by a Bench consisting of more Members, the case or matter
may be transferred by the Chairperson to such Bench as the Chairperson may deem fit.
Qualifications
for appointment as
Chairperson
and Members
of Cyber
‘Appellate
Tribunal.
50. (/) A person shall not be qualified for appointment as a Chairperson of the
Cyber Appellate Tribunal unless he is, or has been, or is qualified to be, a Judge of a
High Court.
(2) The Members of the Cyber Appellate Tribunal, except the Judicial Member to
be appointed under sub-section (3), shall be appointed by the Central Government
from amongst persons, having special knowledge of, and professional experience in,
information technology, telecommunication, industry, management or consumer affairs:
Provided that a person shall not be appointed as a Member, unless he is, or has
been, in the service of the Central Government or a State Government, and has held the
post of Additional Secretary to the Government of India or any equivalent post in the
Central Government or State Government for a period of not less than one year or Joint
Secretary to the Government of India or any equivalent post in the Central Government
or State Government for a period of not less than seven years.
(3) The Judicial Members of the Cyber Appellate Tribunal shall be appointed by
the Central Government from amongst persons who is or has been a member of the
Indian Legal Service and has held the post of Additional Secretary for a period of not
less than one year or Grade I post of that Service for a period of not less than five years.
Term of
office,
conditions of
service, etc.,
of Chairperson
and Members.
51. (7) The Chairperson or Member of the 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.
(2) Before appointing any person as the Chairperson or Member of the Cyber
Appellate Tribunal, the Central Government shall satisfy itself that the person does
not have any such financial or other interest as is likely to affect prejudicially his
functions as such Chairperson or Member.
(3) An officer of the Central Government or State Government on his selection as
the Chairperson or Member of the Cyber Appellate Tribunal, as the case may be, shall
have to retire from service before joining as such Chairperson or Member.
Salary,
allowances and
other terms
and conditions
of service of
52. The salary and allowances payable to, and the other terms and conditions of
service including pension, gratuity and other retirement benefits of, the Chairperson
or a Member of thé Cyber Appellate Tribunal shall be such as may be prescribed.
Chairperson
and Members.
Powers of
superintendence,
direction, etc.
52A. The Chairperson of the Cyber Appellate Tribunal shall have powers of
general superintendence and directions in the conduct of the affairs of that Tribunal
and he shall, in addition to presiding over the meetings of the Tribunal, exercise and
discharge such powers and functions of the Tribunal as may be prescribed.