Bare Act Search Results

Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000 Complete Act

State: Central

Year: 2000

.....under the signatures of the Registrar of the Tribunal. (6) whenever a legal practitioner ceases to employ a registered clerk, he shall notify the fact at once to the Registrar by means of a letter enclosing therewith the identity card issued to his clerk and on receipt of such letter the name of the said registered clerk shall be struck off from the register. 24. Working hoursof the Tribunal" Except on Saturday, Sundays and other holidays, the offices of the Tribunal shall, subject to any order made by the Presiding Officer, remain open daily from 10.00 a.m. to 5.00 p.m. but no work, unless it is of an urgent nature, shall be admitted after 4.30 p.m. on any working day. 25. Sitting hours of the Tribunal.- The sitting hours of the Tribunal shall ordinarily be from 10.30 a.m. to 1-00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Chairman. 26. Powers and functions of the Registrar.- (1) The Register shall have the custody of the records of the Tribunal and shall exercise such other functions as may be assigned to him under these rules or by the Presiding Officer. (2) The Registrar may, with the approval of the Presiding Officer, delegate to another officer of.....

Securities Contracts (Regulation) (Appeal to Securities Appellate Tribunal) Rules, 2000 Complete Act

State: Central

Year: 2000

.....Tribunal who is authorised by the Presiding Officer to function as Registrar;'. (i) "registry" means the registry of the Appellate Tribunal; (j) "rules" means the rules made under the Act; (k) "recognised stock exchange" means a stock exchange defined under clause (f) of Sec. 2 of the Act; (l) "stock exchange" means a stock exchange defined under clause (J') of Sec. 2 of the Act; (2) words and expressions used and not defined in these rules but defined in the Securities Contracts (Regulation) Act, 1956 shall have the meanings respectively assigned to them in that Act. RULE 03: LIMITATION FOR FILING APPEAL (1)Where a recognised stock exchange acting in pursuance of any power given to it by its bye-laws, refuses to list the securities of any company, the company shall be entitled to be furnished with reasons for such refusal and may,- (a) within 15 days from the date on which the reasons for such refusal are furnished to it, or (b) where the stock exchange had omitted or failed to dispose of, within the time specified in sub-sec. (1-A) of Sec. 73 of the Companies Act, 1956 (hereinafter in this rule referred to as the "specified time"), the application for permission for.....

Information Technology Act, 2000 Chapter X

Title: The Cyber Appellate Tribunal

State: Central

Year: 2000

.....the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings. (2) The Cyber Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents or other electronic records; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) any other matter which may be prescribed. (3) Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196.....

Information Technology Act, 2000 Section 49

Title: Composition of Cyber Appellate Tribunal

State: Central

Year: 2000

.....(Amendment) Act, 2008 shall be deemed to have been appointed as the Chairperson of the said Cyber Appellate Tribunal under the provisions of this Act as amended by the Information Technology (Amendment) Act, 2008. (2) The selection of Chairperson and Members of the Cyber Appellate Tribunal shall be made by the Central Government in consultation with the Chief Justice of India. (3) Subject to the provisions of this Act-- (a) the jurisdiction, powers and authority of the Cyber Appellate Tribunal may be exercised by the Benches thereof; (b) a Bench may be constituted by the Chairperson of the Cyber Appellate Tribunal with one or two Members of such Tribunal as the Chairperson may deem fit. (c) the Benches of the Cyber Appellate Tribunal shall sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson of the Cyber Appellate Tribunal, by notification in the Official Gazette, specify; (d) 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.....

Information Technology Act, 2000 Section 57

Title: Appeal to Cyber Appellate Tribunal

State: Central

Year: 2000

(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.....

Information Technology Act, 2000 Section 50

Title: Qualifications for Appointment as Presiding Officer of the Cyber Appellate Tribunal

State: Central

Year: 2000

.....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.....

Information Technology Act, 2000 Section 58

Title: Procedure and Powers of the Cyber Appellate Tribunal

State: Central

Year: 2000

.....the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings. (2) The Cyber Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents or other electronic records; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) any other matter which may be prescribed. (3) Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196.....

Information Technology Act, 2000 Section 56

Title: Staff of the Cyber Appellate Tribunal

State: Central

Year: 2000

(1) The Central Government shall provide the Cyber Appellate Tribunal with such officers and employees as that Government may think fit. (2) The officers and employees of the Cyber Appellate Tribunal shall discharge their functions under general superintendence of the 1[Chairperson]. (3) The salaries, allowances and other conditions of service of the officers and employees of the Cyber Appellate Tribunal shall be such as may be prescribed by the Central Government. ____________________ 1. Substituted vide Information Technology (Amendment) Act, 2008 Prior to substitution text read as under :- "Presiding Officer"

Information Technology Act, 2000 Section 55

Title: Orders Constituting Appellate Tribunal to Be Final and Not to Invalidate Its Proceedings

State: Central

Year: 2000

No order of the Central Government appointing any person as the 1[Chairperson or the Member] 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. ______________________ 1. Substituted vide Information Technology (Amendment) Act, 2008 Prior to substitution text read as under :- "Presiding Officer"

Information Technology Act, 2000 Section 48

Title: Establishment of Cyber Appellate Tribunal

State: Central

Year: 2000

(1) The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber 1[***] Appellate Tribunal. (2) 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. ______________________ 1. Omitted vide Information Technology (Amendment) Act, 2008 Prior to omission text read as under :- "Regulation"