The Data Protection Bill 2021
(This Bill has since been withdrawn and a new Version is expected to
be presented )
||Establishment of Appellate Tribunal.
(1) The Central Government shall, by notification, establish an
Appellate Tribunal to—
(a) hear and dispose of any appeal from an order of the Adjudicating
Officer under sub-section (5) of section 20;
(b) hear and dispose of any appeal from an order of the Authority
under sub-section (2) of section 54;
(c) hear and dispose of any appeal from an order of the Adjudicating
Officer under sub-section (5) of section 64; and
(d)hear and dispose of any appeal from an order of an Adjudicating
Officer under sub-section (***) (6)of section 65.
(2) The Appellate Tribunal shall consist of a Chairperson and (***)
such number of members, not exceeding six, to be appointed by the
(3) The Appellate Tribunal shall be established at such place or places,
as the Central Government may, in consultation with the Chairperson of
the Appellate Tribunal, notify.
(4) Notwithstanding anything contained in sub-sections (1) to (3),
where, in the opinion of the Central Government, any existing (***)
Tribunal is competent to discharge the functions of the Appellate
Tribunal under this Act, then, the Central Government may notify such
(***) Tribunal to act as the Appellate Tribunal under this Act.
||Qualifications, appointment, term, conditions of service of
Chairperson and Members.
(1) A person shall not be qualified for appointment as the
Chairperson or a Member of the Appellate Tribunal unless he—
(a) in the case of Chairperson, is , or has been a Judge of
the Supreme Court or Chief Justice of a High Court or is
qualified to be a Judge of the Supreme Court;
(b) in the case of a Member, (***)is a person who is (***)an
expert and has ability, integrity, standing and specialized
knowledge with an experience of not less than twenty years in
the field of data protection, information technology, data
management, data science, data security, cyber and internet
laws, public administration or any related subject.
(2) (***) The manner of appointment, term of office, salaries and
allowances, resignation, removal and the other terms and conditions
of service of the Chairperson and any Member of the Appellate
Tribunal, shall be such as may be prescribed.
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 and the rules (***)made
there under to fill the vacancy and the proceedings may be continued
before the Appellate Tribunal from the stage at which the vacancy is
||Staff of Appellate Tribunal.
(1) The Central Government shall provide the Appellate Tribunal
with such officers and employees as it may deem fit.
(2) The officers and employees of the Appellate Tribunal shall
discharge their functions under the general superintendence of its
(3) The salaries and allowances payable to and other terms and
conditions of service of such officers and employees of the
Appellate Tribunal shall be such as may be prescribed.
||Distribution of business amongst Benches.
(1) Subject to the provisions of this Act, the jurisdiction of
the Appellate Tribunal may be exercised by Benches thereof, which
shall be constituted by the Chairperson.
(2) Where Benches of the Appellate Tribunal are constituted under
sub-section (1), the Chairperson may, from time to time, by
notification, make provisions as to the distribution of the business
of the Appellate Tribunal amongst the Benches, transfer of Members
between Benches, and also provide for the matters which may be dealt
with by each Bench.
(3) On the application of any of the parties and after notice to the
parties, and after hearing such of them as the Chairperson may
desire to be heard, or on the Chairperson’s own motion without such
notice, the Chairperson of the Appellate Tribunal may transfer any
case pending before one Bench, for disposal, to any other Bench.
||Appeals to Appellate Tribunal.
(1) Any person aggrieved by the decision or order of the
Authority or an Adjudicating Officer, may prefer an appeal to the
Appellate Tribunal within a period of thirty days from the receipt
of the order appealed against, in such form, verified in such manner
and be accompanied by such fee, as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after
the expiry of the said period of thirty days if it is satisfied that
there was sufficient cause for not filing it within that period.
(2) On receipt of an appeal under this section, the Appellate
Tribunal may, after providing the parties to the dispute or appeal,
an opportunity of being heard, pass such orders thereon as it deems
(3) The Appellate Tribunal shall send a copy of every order made by
it to the parties to the dispute or the appeal and to the Authority
or the Adjudicating Officer, as the case may be.
(4) The Appellate Tribunal may, for the purpose of examining the
legality or propriety or correctness, of any decision, or order of
the Authority or Adjudicating Officer referred to in the appeal
preferred under this section, on its own motion or otherwise, call
for the records relevant to disposing of such appeal (***) and make
such orders as it thinks fit.
||Procedure and powers of Appellate Tribunal.
(1) 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.
(2) The 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 the Code of Civil Procedure, 1908,
while trying a suit, in respect of the following matters, namely—
5 of 1908.
(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, (1 of 1872.) requisitioning any
public record or document or a copy of such record or document,
from any office;
(e) issuing commissions for the examination of witnesses or
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it ex
(h) setting aside any order of dismissal of any application for
default or any order passed by it ex parte; and
(i) any other matter which may be prescribed.
(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 (45 of 1860.)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.(2 of 1974.)
||Orders passed by Appellate Tribunal to be executable as (***)
(***)Every order (***) made by the Appellate Tribunal under this
Act shall be executable by the Appellate Tribunal as a decree of
civil court, and for this purpose, the Appellate Tribunal shall have
all the powers of a civil court.
||Appeal to Supreme Court.
(1) Notwithstanding anything contained in the Code of Civil
Procedure, 1908 or (***) any other law for the time being in force,
an appeal shall lie against any order of the Appellate Tribunal
(***) to the Supreme Court on any substantial question of law.
(2) Every appeal made under this section shall be preferred within a
period of (***) sixty days from the date of the decision or order
Provided that the Supreme Court may entertain the appeal after the
expiry of the said period of (***) sixty days, if it is satisfied
that the appellant was prevented by sufficient cause from preferring
the appeal in time.
Right to legal representation.
The applicant or appellant may either appear in person or
authorize one or more legal practitioners or any of its officers or
experts to present his or its case before the Appellate Tribunal.
Explanation.—For the purposes of this section, the expression “legal
practitioner" shall include (***) an advocate or an attorney(***).
Civil court not to have jurisdiction.
No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of any matter which the Appellate Tribunal is
empowered by or under this Act to determine and no injunction shall
be granted by any court or other authority in respect of any action
taken or to be taken in pursuance of any power conferred by or under