Notification, 2016

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.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 346] NEW DELHI, MONDAY, MAY 16, 2016/VAISAKHA 26, 1938

MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

(Department of Electronics and Information Technology)

NOTIFICATION

New Delhi, the 2nd May, 2016

G.S.R. 520(E).— In exercise of the powers conferred by clause (w) sub-section (1) read with sub- section (2) of section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement.-(1) These rules may be called Cyber Appellate Tribunal (Powers and Functions of the Chairperson) Rules, 2016.

(2) They shall come into force on the date of the publication in the Official Gazette.

2. Definitions.-(1) In these rules, unless the context otherwise requires,-

(a) “Act” means Information Technology Act, 2000 (21 of 2000);

(b) “Chairperson” means the Chairperson of the Cyber Appellate Tribunal under section 49 of the Act;

(c) “Cyber Appellate Tribunal” means the Cyber Appellate Tribunal established under sub-section (1) of section 48 of the Act;

(2) All other words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Powers and functions of the Chairperson of the Cyber Appellate Tribunal.- The Chairperson shall have the power,-

(a) to ensure a timely and efficient disposal of matters pending before the Cyber Appellate Tribunal;

(b) to implement various Statutory provisions related to employees, social welfare schemes as well as Grievance and Redressal framework and guidelines as formulated by the Supreme Court and the Central Government from time-to-time;

(c) to issue guidelines or circulars from time-to-time keeping in view the provisions of the Act;

(d) to engage, such number of experts and professionals, including amicus curiae of integrity and outstanding ability, who have special knowledge of, and experience in information technology and cyber laws, as it deems necessary to assist the Cyber Appellate Tribunal in the discharge of its functions under this Act;

(e) to rectify any clerical or arithmetical mistakes in any proceedings or order of the Cyber Appellate Tribunal at any time, either on its own motion or on the application of any of the parties;

(f) to determine procedure in certain circumstances, for reasons to be recorded in writing, where no such procedure has specifically been provided in the Act or Rules; and

(g) to seek details of cases filed before or disposed of by the Adjudicating Officers appointed under the Act on regular basis.

and Published by the Controller of Publications, Delhi-110054.

Provisions this notification 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