Information Technology Act Section 57 — Appeal to 1[Appellate Tribunal]
CHAPTER X THE 2[APPELLATE TRIBUNAL]
Cyber Law
Summary
Sub-section (1) allows any person who is unhappy with an order made by the Controller or an adjudicating officer under this Act to appeal that order to the Appellate Tribunal that has jurisdiction over the matter.
Sub-section (2) states that no appeal can be made to the Appellate Tribunal against an order made by an adjudicating officer if that order was made with the consent of the parties involved.
Sub-section (3) says that an appeal under sub-section (1) must be filed within forty-five days from the date the person receives a copy of the order from the Controller or the adjudicating officer. The appeal must be in the prescribed form and accompanied by the prescribed fee. However, the Appellate Tribunal may accept an appeal after this forty-five day period if it is satisfied that there was a sufficient reason for not filing it within that time.
Sub-section (4) provides that after receiving an appeal under sub-section (1), the Appellate Tribunal may give the parties an opportunity to be heard and then pass any order it thinks fit, which could confirm, modify, or set aside the order that was appealed against.
Sub-section (5) requires the Appellate Tribunal to send a copy of every order it makes to the parties involved in the appeal and to the concerned Controller or adjudicating officer.
Sub-section (6) states that the appeal filed before the Appellate Tribunal under sub-section (1) must be dealt with as quickly as possible, and the Tribunal should try to dispose of the appeal finally within six months from the date it receives the appeal.
Official Text
(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 1[Appellate Tribunal] having jurisdiction in the matter.
(2) No appeal shall lie to the 1[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 1[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 1[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 1[Appellate Tribunal] shall send a copy of every order made by it to the parties to the appeal and to the concerned Controller or adjudicating officer.
(6) The appeal filed before the 1[Appellate Tribunal] under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.