CHAPTER XI
COMMUNICATIONS APPELLATE TRIBUNAL
Establishment of Appellate Tribunal.
43. (1) The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Communications Appellate Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Act.
(2) Any person aggrieved by any decision or order of the Commission may prefer an appeal to the Appellate Tribunal.
(3)
(a) Every appeal under sub-section (2) shall be preferred within a period of sixty days from the date on which a copy of the decision or order made by the Commission is received by the person aggrieved and the appeal shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:
(b) Any person aggrieved by an order of penalty imposed by the Adjudicating Officer may prefer an appeal to the Appellate Tribunal within sixty days from the date on which such order is received and the appeal shall be in such form, verified in such manner and accompanied by such fee as may be prescribed:
Provided that the appellate Tribunal may entertain an appeal under clause (a) or clause (b) after expiry of the said period of sixty days, if it is satisfied that there was sufficient cause for not filing the same within that period.
(4) On receipt of an appeal under sub-section (2), or sub section (3), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.(5) The Appellate Tribunal shall send a copy of every order made by it to each of the parties to the appeal and to the Commission or to the Adjudicating Officer, as the case may be.
(6) The Appellate Tribunal shall endeavour to deal with and dispose of every appeal preferred under sub-section (2) and sub section (3) as expeditiously as possible; and all parties appearing before the Appellate Tribunal shall actively assist in ensuring that the appeal is determined and disposed off not later than ninety days from the date of filing of the appeal.
(7) The Appellate Tribunal may, on its own motion or otherwise for the purpose of examining the legality, propriety or correctness of any order or decision of the Commission or of the Adjudicating Officer, call for all relevant records and make such orders as it thinks fit:
provided that the power under this sub-section shall not be invoked after the expiry of three months from the date of such order or decision. Composition of Appellate Tribunal.44. (1) The Appellate Tribunal shall consist of a Chairperson and not more than six Members to be appointed, by notification, by the Central Government.
(2) The appointment of Chairperson and Members of the Appellate Tribunal shall be made by the Central Government in consultation with the Chief Justice of India.
(3) The appointment of members of the appellate Tribunal shall be from amongst persons recommended by the search committee as may be prescribed.
(4) Subject to the provisions of this Act -
(a) the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof;
(b) a bench may be constituted by the Chairperson of the Appellate Tribunal consisting of two or more Members as the Chairperson may deem fit;
Provided that every bench shall be presided over by a Judicial member.
Explanation: For the purposes of this section "Judicial Member" means any member of the Appellate Tribunal who has been a judge of a High Court;
(c) the benches of the Appellate Tribunal shall ordinarily sit at Delhi and also at such other places as the Central Government may notify, in consultation with the Chairperson of the Appellate Tribunal.
(d) the Central Government shall, on the recommendation of the Appellate Tribunal, notify the areas in relation to which each bench of the Appellate Tribunal may exercise jurisdiction.
(5) The Chairperson of the Appellate Tribunal may, as the exigencies of business may require, request a member of the Appellate Tribunal sitting on one bench of the Appellate Tribunal to sit on another bence thereof.(6) If at any stage it appears to the Chairperson or a bench of the Appellate Tribunal that the case or matter is of such a nature that it ought to be heard by a bench consisting of more than two members of the Appellate Tribunal, the case or matter may be transferred by the Chairperson to a bench of more than two Members. Qualification, tenure, salary and allowances, vacancy of the Chairperson and Members of the Appellate Tribunal.
45. (1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless -
(a) in the case of the Chairperson, he is, or has been, a Judge of the Supreme Court;
(b) in the case of a Member, he is or has been a Judge of a High Court, or has held the post of Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a period of not less than two years, or he is a person who is proficient in any of the fields specified in sub-sections (2) and (3) of section 7.(2) The Chairperson and every Member of the Appellate Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office;
Provided that no Chairperson or other Member shall hold office as such after he has attained-(i) in the case of Chairperson, the age of seventy years;
(ii) in the case of any other Member, the age of sixty-five years.
(3) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member of the Appellate Tribunal shall be varied to his disadvantage after appointment.(4)
(a) If, for reason other than temporary absence, any vacancy occurs in the office of the chairperson or a member of the Appellate Tribunal, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy.
(b) When the Chairperson of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, any member of the Appellate Tribunal, as authorised so to do by the Central Government, shall discharge the functions of the Chairperson until the day on which the Chairperson resumes charge of his functions.
(5) Before appointing any person as chairperson or member of the Appellate Tribunal, the Central Government shall satisfy itself that the person does not have any such financial or other interests as are likely to affect prejudicially his functions as such member.(6) A person who is in the service of Government shall have to retire or resign from service before entering the office of chairperson or member of the Appellate Tribunal.
Resignation and removal
46. (1) The chairman or a member of the Appellate tribunal may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, the chairperson or the member shall be deemed to have vacated his office.
(2) The Central Government may remove from office, the chairperson or a member of the Appellate Tribunal, who -
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as the Chairperson or a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the chairperson or a member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest.
(3) Notwithstanding anything contained in sub-section (2), the chairperson or a member of the Appellate Tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the Chairperson or a Member ought on such ground or grounds to be removed.(4) The Central Government may suspend from office, the Chairperson or a Member of the Appellate Tribunal in respect of whom a reference has been made to the Supreme Court under sub-section (2), until the Central Government has passed an order on receipt of the report of the Supreme Court on such reference. Distribution of business amongst benches, etc
Distribution of business amongst benches,etc
47. (1) The Chairperson of the Appellate Tribunal may, from time to time, by order, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each bench thereof.
(2) On the application of any of the parties and after notice to the parties, and after hearing such of them as may desire to be heard, or suo motu without notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one bench of the Appellate Tribunal for disposal, to any other bench thereof.
(3)If the members of a bench of the Appellate Tribunal consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the Appellate Tribunal who shall hear the point or points, and thereafter such point or points shall be decided according to the opinion of the majority who have heard the case, including those who first heard it. Procedure and powers of Appellate Tribunal.
Procedure and powers of Appellate Tribunal
48. (1) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure,1908 while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or a copy of such record or document from any office;
(e) issuing Commissions for the examinations of witnesses or documents;
(f) dismissing an application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application for default or any order passed by it, ex parte;
(h) reviewing its decisions; and
(i) granting interim relief; and
(j) any other matter which may be prescribed.
(2) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure.(3) Every proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. Right of application to take assiatance of legal practitioner, etc.
Rights of applicant to take assistance of legal practitioner, etc
49. An applicant or appellant may either appear in person or authorise one or more chartered accountants, or company secretaries, cost accountants or legal practitioners, or any of his or its accredited officers to present his or its case before the Appellate Tribunal.
Explanation: For the purpose of this section-
(a)"Chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 and who has obtained a certificate of practice under sub-section (1) of Section 6 of that Act;
(b)"company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the CompanySecretaries Act,1980 and who has obtained a certificate of practice under sub- section (1) of Section 6 of that Act;
(c)"cost accountant" means a cost accountant as defined in clause (b) of sub - section (1) of section 2 of the Cost and Works Accountants Act, 1959 and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader.
Appeals to Supreme Court .50. (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any other law for the time being in force, an appeal shall lie against any order, not being an interlocutory order, passed by the Appellate Tribunal to the Supreme Court on one or more of the grounds specified in section 100 of that Code.
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.
(3) Every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against:
Provided that the Supreme Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. Execution of orders.Execution of orders
51. (1) An order passed by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of a civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
Explanation - For the purpose of this section, the expression "civil court having local jurisdiction" shall mean, the civil court within whose local limits of jurisdiction, the licensee, grantee, or judgement debtor, as the case may be resides or has a place of office or business and also within whose jurisdiction any property belonging to the licensee, grantee, or judgement debtor is located.
Penalty for failure to comply with the orders of commission and Appellate Tribunal
52. If any person wilfuly fails to comply with any decision, direction or order of Appellate Tribunal such person shall be liable to a penalty to be imposed by the order of Appellate Tribunal which may extend to five crores rupees:
provided that no such penalty shall be levied without giving any opportunity of being heard to the party concerned.