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Corporate Legal Framework

Notes Resignation and Removal (Sec.54)

The Presiding officer may by notice in writing addressed to the Central Government, resign his

office. The Central Government, may, by order, remove the Presiding officer on the ground of
proved misbehaviour or incapacity.

Orders Constituting Appellate Tribunal to be final and not to Invalidate its
Proceedings (Sec.55)

No order of the Central Government appointing any person as the presiding officer shall be
called in question. Further, no act or proceeding before the Tribunal shall be called in question on
the ground merely of any defect in the constitution of the Tribunal.
Staff of the Cyber Appellate Tribunal (Sec.56)

The Central Government shall provide the Tribunal with such officers and employees as that

Government may think. These employees and officers shall discharge their functions under

general superintendence of the Presiding offi cer.
Appeal to Cyber Regulations Appellate Tribunal (Sec.57)

Any person aggrieved by an order made by controller or an adjudicating offi cer may prefer an
appeal to the Tribunal. However, no such appeal shall lie from an order made by an adjudicating
officer with the consent of the parties. Every appeal shall be filed within a period of 45 days

from the date on which a copy of the order made by the controller or the adjudicating offi cer
is received by the person aggrieved. On receipt of an appeal, the Tribunal may, after giving
the parties an opportunity of being heard, pass such orders thereon as it thinks fi t, confi rming,
modifying or setting aside the order appealed against.

Procedure and Powers of the Tribunal (Sec.58)

The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure.
Instead, it shall be guided by the principles of natural justice and subject to the other provisions
of this and of any rules. Also, the Tribunal shall have powers to regulate its own procedure
including the place at which it shall have its sittings.
Right to Legal Representation (Sec.59)

The appellant may either appear in person or authorise one or more legal practitioners or any of
its officers to present his or its case before the Tribunal.

Limitation (Sec.60)

The provisions of the Limitation Act, 1963 shall, as for as may be, apply to an appeal made to the
Tribunal.

Civil Court not to have Jurisdiction (Sec.61)

No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which

an adjudicating officer or the Tribunal is empowered to determine. Further, no injunction shall be
granted by any court or other authority in respect of any action taken or to be taken in pursuance
of any power conferred by or under this Act.

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