"49. (1) The Cyber Appellate Tribunal shall consist ofa Chairperson and such number of other Members. as the Central Government may. by notification in the Official Gazette, appoint
Provided that the person appointed as the Presiding Officer oflheCyber Appellate TribWlaJ under the provisions ofthis Act immediately before the commencement ofthe Information Technology (Amendment) Act, 2008 shall be deemed to have been appointed as the Chairperson oflhe said Cyber Appellate Tribunal under the provisions of this Act as amended by the Information Technology (Amendment) Act, 2008.
(2) The seleclion ofChairperson and Members ofme Cyber Appellate Tribunal shall be made by the Ccotral Government in consultation with the Chief Justice of India.
(3) Subject to the provisions of this Act-
(0) the jW'isdiction, powers and authority o(the Cyber AppellateTribunal may be exercised by the Benches thereof;
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(b) a Bench may be constituted by the Chairperson ofthe Cyber Appellate Tribunal with one or two Members of such Tribunal as the Chairperson may deem fit;
(c) the Benches ofthe Cyber AppellateTribunal shall sit at New Delhi and at such other places as the Central Government may. in consultation with the Qlairperson ofthe Cybc:rAppellate Tribunal, by notification in the Official Gazette.
specify;
Ameqdmenl of hading of Chapter )( Ameollm:nl of section 41.
Substitution of oew ~IOlU fol seCTions 49 to 51 Composition of C)'ber Appcllilt Tnbunal.
8 THE GAZETTE OF INDIA EXTRAORDlNARY Quali(IUI)ou' ror .ppoull· rnc:nl aJ Cbluper.on udMembm .fCyba Appellile Tribv.nll Term of omee, eondllions or •ervitc, ele, or Cblirperson lnd Members.
'''''Y.
•Uo"'uceslnd other 1c.rmJ aod eondlltorlS or .eJlIlce or Cb.UperlOli aod MC'mbm.
POWell or--dlrecllon, ele
(d) the Central Government shall, by notification in the Official Gazeue.
specify the areas in relation to whK:.b each Bench ofthe Cyber Appellate Tribunal may exen::ise its jmisdietion.
(f') Notwithstanding anything oonlained in sub-section (J), the Chairperson of the CyberAppella~Tribunal maytransf" a Member ofsuch Tribunal from one Bench to another Bench.
(j) If" any smge ofrh< hearing ofany"""Of manor it appem 10 rh< Chairpcr>on or a Member ofthe CyberAppellateTribunal that the caseor maner isof~ a nanue dw it ought to be beard by a Bcnth consisting ofmore Members, the case or m.aner may be IranSferred byIbe Chairperson 10 such Bench as the Chairperson may deem fiL
50. (I) A penon shaH not be qualified for appointment as a Chairperson ofthe Cybc:r Appellate Tribunal unless he is. or has been, or is qualified to be, a Judge of a HighCoun..
(1) The Mmbers ofthe CyberAppellate Tribunal. except thc: Judicial Member to be appointed under sub-section (J), shall be appointed by the Central Government from amongst persons, baving special knowledge of, and profe$!lional experience in, informalKm tc:ehnoiogy, ttlecommunication, industry, managementorconsumer affairs:
Provided that a person shall not be appointed as a Member, unless he is, or has bttn, in the service oftheCentral Government or a SlateGovernmenl, and has held the post ofAdditional Secretary to the Government ofIndia or any equivalent post in the Central Government or Slate Government fora period ofnot less than one yearor Joint Secrewy to the Government of india or any equivalent post in the Cenua! Government or State Government for a period of not less than seven years.
(1) The Judicial Members ofthe Cyber Appellate Tribuna.! shall be appointed by the Central Governmenl from amongst persons who is or has been a member of the Indian Legal Service and has held the post ofAdditional Secretary for a period of not less than one year or Grade 1post ofthat Service for a period ofnot less than five years.
51. (I) The Chairperson or Member ofthe Cybc:r Appellale Tribunal shall hold office for a tenn of five years from the date on which he emers upon his office or until he aRains the age ofsixty· five years, whichever is earlier.
(2) Before appointing any person as the Chairperson or Member of the Cyber Appellate Tribunal, the Central Governmenl shall SBlisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as !UCb Chairperson or Member.
(J)An officerofthe Central Government or Slate Government on his selection as the Chairperson or Member ofthe Cyber Appellate Tribu:.lal. as the case may be, shall have 10 retire from service before joining 15 sucb Chairperson or Member.
52. The salary and al!o"'-ances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the Chairperson or a Member ofth~Cyber Appellate Tribunal shall be such as may be prescribed.
52A. The Chairperson of the Cyber Appellate Tribunal shall have powers of general superin~ndence and directions in the conduct ofme affairs of that Tribunal and he shall, in addition to presiding over the meetings of the Tribunal, exercise and di5charge such po'Wer5 and functions of the Tribunal as may be prescribed.
Sec. I) 11lE GAZETIE OF INDIA EXTRAORDINARY 9
528. Where Benches are constituted, the Chairperson aCthe Cyber Appellate Tribunal may. by order, distribute the business of that Tribunal amongst the Benches and also the maners to be dealt with by each Bench.
52e. On the application orany oCttle parties and after notice to the parties, and after hearing such of them as he may deem proper to be heard, or mo motu without such notice, the Chairperson of the Cyber Appellalc Tribunal may UllnSfer any case pending before one Bench, for disposal to any other Bench.
520. Ifthe Membel'1 oca Bench consisting ofrwo Members differ in opin~on on any point, they shall suue the point or points on which lbeydiffer, and make a referenee to the Chairperson aflhe Cyber Appellate Tribunal \\110 shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority ofthe Members who have heard the case, including those who first heard it.n •
27. In section 5] of the pnncipaJ Act, for the words "Pmiding Officer", the words "Chairperson or Member, as the C8S(' may be," shall be substituted.
28. In section 54 ofthe principal Act, for the words "Presiding Officer" wherever lhey occur, the words "Chairperson or the Member" shall be substituted.
DLStJibo!lon ofbusl.llQS ,mollC BQcbcs.
Pown of Cbllrpusoll 10 IMlnlftl cases, ADlrndm.e:1l of SCCtJOt! 53 Ameodmcol of seclioB 54 !,
29. In S«tion 55 of the principaJ Act, for the words "Presiding Offic:er", the words Anl;cndmul "Chairperson or the Member" shall be substituled. of S«11Of1 j5
30. In section 56 of the principal Act, for the words "Presiding Officer", the word Amtndm~DI "Chairperson" shall be substituted. of s«11011 .56 H or 1160 45 of 1160.
31. In section 64 of tile principaIAct,- (I) for the W'()l'd!; "penalty imposed", the words "penalty imposed orcompensation awarded" shall be substituted;
(iI) in the marginal heading, for the word "penalty", the words "penalty or compensation" sball be substituted.