Information Technology Act, 2000
57. Appeal to Cyber Regulations Appellate
Tribunal. –
(1) Save as provided in sub-section (2), any
person aggrieved by an order made by controller or an adjudicating officer under
this Act may prefer an appeal to a Cyber Appellate Tribunal having jurisdiction
in the matter.
(2) No appeal shall lie to the Cyber Appellate
Tribunal from an order made by an adjudicating officer with the consent of the
parties.
(3) Every appeal under sub-section (1) shall be
filed within a period of forty-five days from the date on which a copy of the
order made by the Controller or the adjudicating officer is received by the
person aggrieved and it shall be in such form and be accompanied by such fee as
may be prescribed;
Provided that the Cyber Appellate Tribunal may
entertain an appeal after the expiry of the said period of forty-five days if it
is satisfied that there was sufficient cause for not filing it within that
period.
(4) On receipt of an appeal under sub-section
(1), the Cyber Appellate Tribunal may, after giving the parties to the appeal,
an opportunity of being heard, pass such orders thereon as it thinks fit,
confirming, modifying or setting aside the order appealed against.
(5) the Cyber Appellate Tribunal shall send a
copy of every order made by it to the parties tot he appeal and to the concerned
controller or adjudicating officer.
(6) The appeal filed before the Cyber Appellate
Tribunal under sub-section (1) shall be dealt with by it as expeditiously as
possible and endeavor shall be made by it to dispose of the appeal finally
within sic months from the date of receipt of the appeal.