Cyber Appellate Tribunal (chapter 10)introductionCyber Appellate Tribunal has been established under the Information Technology Act under the aegis of Controller of Certifying Authorities (C.C.A.). The frst and the only Cyber Appellate Tribunal in the country has been established by the Central Government in accordance with the provisions contained under ection !"(#) of the Information Technology Act$ %&&&. The Cyber Appellate Tribunal has$ for the purposes of discharging its functions under the I.T. Act$ the same powers as are vested in a civil court under the Code of Civil 'rocedure$ #(&" The Cyber Appellate Tribunal has powers to regulate its own procedure including the place at which it has its sittings. )very proceeding before the Cyber Appellate Tribunal shall be deemed to be a *udicial proceeding within the meaning of sections #(+ and %%"$ and for the purposes of section #(, of the Indian 'enal Code. Establishment of Cyber Appellate Tribunal As per section !" of the IT act %&&&(#) The Central Government shall$ by notifcation$ establish one or more appellate tribunals to be -nown as the Cyber .egulations Appellate Tribunal.(%) The Central Government shall also specify$ in the notifcation referred to in sub/section (#)$ the matters and places in relation to which the Cyber Appellate Tribunal may e0ercise *urisdiction.CompositionThe Cyber Appellate Tribunal shall consist of a Chairperson and such number of other 1embers$ as the Central Government may$ by notifcation in the 23cial Ga4ette$ appointQualifcations for appointment as Presiding Ofcer of the Cyber Appellate Tribunal A person shall not be 5ualifed for appointment as the 'residing 23cer of a Cyber Appellate Tribunal unless he/ (a) is$ or has been$ or is 5ualifed to be$ a 6udge of a 7igh Court8 or(b) is or has been a member of the Indian 9egal ervice and is holding or has held a post in Grade I of that ervice for at least three years.'rocedure and powers of the Cyber Appellate Tribunal: The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil 'rocedure$ #(&" but shall be guided by the principles of natural *ustice and$ sub*ect 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 sitting.(%) 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 theCode of Civil 'rocedure$ #(&"$ while trying a suit$ in respect of the following matters$ namely : /(a) summoning and enforcing the attendance of any person and e0amining him on oath8(b) re5uiring the discovery and production of documents or other electronic records8(c) receiving evidence on a3davits8(d) issuing commissions for the e0amination of witnesses of documents8(e) reviewing its decisions8(f) dismissing an application for default or deciding it e0 parte8 (g) any other matter which may be prescribed. Civil court not to have jurisdiction No court shall have jurisdictions to entertain any suit or proceeding in respect of any matter hich an adjudicating ofcer appointed under this Act or the Cyber Appellate Tribunal constituted under this Act is empoered by or under this Act to determine and no injunction shall begranted by any court or other authority in respect of any action ta!en or to be ta!en in pursuance of any poer conferred by or under this Act"'rocess;formation72'.)1) C2>.T7IG7 C2>.T,& days'.)ciding o3cer((a) is$ or has been$ or is 5ualifed to be$ a 6udge of a 7igh Court8 or(b) is or has been a member of the Indian 9egal ervice and is holding or has held a post in Grade I of that ervice for at least three years.)!? daysA@6>@ICATI@ICATI