The Data Protection Bill 2021

(This Bill has since been withdrawn and a new Version is expected to be presented )

CHAPTER XI
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 Central Government.
(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.
 

(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 filled.
 

(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 Chairperson.
(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.

(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.

(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 fit.
(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.
 

(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 documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it ex parte;
(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.)

 

(***)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.
(2) (***)
 

(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) (***)
(2) Every appeal made under this section shall be preferred within a period of (***) sixty 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 (***) 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 this Act.