Rule, 2009

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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NOTIFICATION

New Delhi, the 27* October, 2009 G.S.R, 779(E) — In exercise of the powers conferred by clause (s) of sub section (2) of section 87, read with subeecbon (3) of secbon 54 of the Intormabon Technology Act 2000 (21 of 2000). and In supersession of the Cyber Refutations Appellate Tribunal {Procedure for investigation 0* misbehaviour or Incapacity o# Presiding Officer) Rules, 2003. except as rasped* things done or omitted to be done before such supersession. Central Government hereby makes the following ru*es. namely—

1. Short tit le and commencement — (1) These rules may be called the Cyber Appelate Trtxinal , (Procedure for Investigation of Misbehaviour or Incapacity of Chairperson and Members) Rates, 2009.

(2) They shall come Into force on the date of their pubfceation m the Official Gazette,

2. Definitions — (1) In these rules, unless the context otfterwse requires,—

(a) "Act" means the intemation Technology Act 2000 (21 of 2000);

(b) "Chairperson* rneans the Charperson of Ihe Cyber Appellate Tnbunal appointed under secbon 49 of the Act;

(b) ̂ Committee" means a Committee consMuted under sub-rule (2) ol rule 3; (c> "Member means the Member ol the Cyber Appellate Tnbunal appointed under section 49 of the Act;

(rj) 'Tribunal* means the Cyber Appellate Tribunal established under sub-secuon (i> of secbon 48

(2) All other words and expressk>ns used but not defined in these rules shall have the meaning respectively assigned to them m the Act

3. Committee for investigation of compla in t*— (1) if a written complaint alleging any definite charges of rmsbehav>Our or incapacity to perform the functions of the offices m respect of the Chairperson or the Member, as the case maybe- is received by the Central Government it shall make a preliminary scrutiny of such complaint

(2) rf. on preliminary scrutiny, the Central Government considers rt necessary to investigate into the allegation. *t shai place the complaint together with other matenai as may be available, before a Committee consisting of the follovmg officers to investigate the charges of allegations made w\ the complant. namely:- i i t i t i i «(i) the Secretary (Co-ordtnat*on and Pubtic Grievance*) "n the Cabinet Secretariat. Go^nment of India * Chairman:

(*) the Secretary. Department of information Technology. Government of India - Member:

(ill) the Secretary. Department of Legal Atfairg. Ministry of Law and Jus*ce. Government or lno>a f Member

(3) The Committee shall devise rts own procedure and method of investigation, which may include recording of evidence of the complainant and collection of material under rule 4. which may be reievam to the conduct of inquiry

(4) The Committee shaft submit it* findings to the President as carty as po*s**e within a period that maybe specified Dy the President in this Wharf 4- Judge to conduct inquiry.— (1) If. the Preside**. on receipt of the report of the Committee under sub-rule (4) of rule 3. is of the opinion that iherc are reasonable grounds for making an inquiry into the truth of arty vnpuuHlon of misbehaviour or incapacity of the Chairperson or the Member as tuc case maybe, then, he #ha« mafce a reference to the Chief Justice of India reouest^g him to nom**ate a j u t ^ e of the Supreme Court to conduct the inquiry.

:;: The Prescient ••"ai by order, appoint the Judpe of the Supreme Court nominated by the Chief Justice of India (hereinafter referred to as the Judge) for the purpose of conducting the inquiry

(3) Notice of appointment of the Judge under sub-rule (2) shall be given to the Chairperson or ihe Member, as the case may be

(4) The President »hall forward to the Judge a copy of—

(a) the articles of charges against the Chairperson or the Member, as the case maybe, and the statement of imputations.

(b) the statement of witnesses, if any. and i c) material documents reftevjtnt to the inqury

(5) The Judge appointed under subf i le 42) shall complete the inquiry wtthn >uch time or further t«ne as may be specified by the President (6J The Chairperson or the Member, as the case maybe, shal be given a reasonable opportune of presenting a written statement of defence within audi time as may be specified in this behalf by the Judge.

(7) Where it is atteged that the Chairperson or the Member, a» the case maybe, »s unatJte to drscharge the duties of hrs office eflfoerHty due to any physical or mental *>capaeity and the allegation is denied the Judge may arrange for the medical examination of the Cha*person or the Member, as the case may be. by such Medical Poard a* may be appointed for the purpose by the Present and the Chairperson or the Member, as the case m*y be. span" submit himself to such medical examination wirjwn the time specified in this behalf by the Judge

(6) The MedicaT Board shall undertake such medical examination of the Chairperson or the Member. as the case may be* as may be confcdered necessary to and submit a report to the Judge *tat»ng therein whether the incapacity is such as to render the Chairperson or the Member, as th* case maybe, unfit to continue m office

(9) It the Chairperson or the Member, as the case mayg*> refuses to undergo *uch medical examination as considered necessary by the Medea' Board* the Board shall submit 0 report to the Judfje stating therein the examination which the Chairperson or the Member. a* the case maybe, has refused to urtdergo. w d the Judge may. on receipt of such report, presume that the Chairperson or the Member, as the case may be. suffers from such physical or mental incapacity as is alleged 10 the article of charges referred to clause (a) of sub-rule (4),

(10) The Judge may. after considering me written statement of the Chairperson or the Member, as the case maybe, and report o i the Medical Board, rf any. amend |he artcle of charges referred to * i clause (a) of sub-rule (4) and In such case, the Chairperson Of the Member, as the case maybe, shall be given a reasonable opportunity of presenting a fresh written statement of defence (1 i) The Central Government sha l appoint an officer of that Government or an advocate to present me case against the Chairperson or the Member, as Ihe case may be before the Judge

(12) Where the Central Government has appointed an advocate to present 4s case before the Judge. the Cha*person or the Member as the case maybe, shall also be alowed to present his case by an advocate chosen by him.

5. Application of the Departmental Inquiries (Enforcement of Witness and Production of Document*) Act, 1972 to inquirlos under these rules. — The provisions of the Departmental Inquiries (Enforcement of Witness and Production of Documents) Act. 1972 (16 of 1972) shall apply to the inquines made under these rules as they apply to departmental inquiries

6. Powers of Judge.— The Judge shaN not be bound by the procedure laid d£wn n the Code of Ovrf Procedure. 1908 (5 of 190$) but shall « guided by the principles of natural justice and shall have power t o regulate his own procedure including the fixing o f places and times of his inquiry.

7. Suspension of Chairperson or Member - Notwithstanding anything contained in rule 4. and without any prejudice to any action being taken in accordance with the s**d rule, the* President. keeping m view the gravity of charges may suspend the Chairperson or the Member, as the case may be. of the Tnbunal against whom a complaint is under investigation or inquiry.

8. Subsistence allowance.— The payment of subsistence allowance to a Chairperson or the Member, as the case may be. under suspension shall be regulated in accordance with the rules and orders for the tone being applicable to a Secretary to the Government of India belonging to the Indian Administrative Service

9. inquiry Report.— After the conclusion of the investigation, the Judge shall submit his report to the President stabrig therein ht* findings artd the reasons thereto' on each of (he articles Oi charges separately with such observations on the whole case £$ he thinks fit

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Information Technology Act, 2000