*[49. Composition
of Cyber Appellate Tribunal.- (1) The Cyber Appellate
Tribunal shall consist of a 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
of the Cyber Appellate Tribunal under the provisions of this
Act immediately before the commencement of the Information
Technology (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 sub-section (3),
the Chairperson of the Cyber Appellate Tribunal may transfer
a Member of such Tribunal from one Bench to another
Bench.
(5) If at any stage of the hearing of any case or matter,
it appears to the Chairperson or a Member of the Cyber Appellate
Tribunal that the case or matter is of such a nature that
it ought to be heard by a Bench consisting of more Members,
the case or matter may be transferred by the Chairperson to
such Bench as the Chairperson may deem fit.
[* Substituted by Information Technology Amendment Act, 2008]
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