Cyber Crime Branch Advisory The Nigerian Scam

Important Links • Cyber Crime Investigation Cell • Delhi Police • Delhi Traffic Police

THE CYBER REGULATIONS APPELLATE TRIBUNAL (PROCEDURE)
RULES, 2000

In exercise of the powers conferred by section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules, namely:—

Short title and commencement.—

(1) These rules may be called the Cyber Regu1atons Appellate Tribunal (Procedure) Rules, 2000.

(2) They shall come into force on the date of publication in the Official Gazette.

Definitions.—

In these rules, unless the context otherwise requires,—

(a) “Act” means the Information Technology Act, 2000 (21 of 2000);
(b) “agent” means a person duly authorised by a party to present an application or reply on its behalf before the Tribunal;
(c) “application” means an application made to the Tribunal under section 57;
(d) “legal practitioner” shall have the same meaning as is assigned to it in the Advocates Act, 1961 (25 of 1971);
(e) “Presiding Officer” means the Presiding Officer of the Tribunal;
(f) “Registrar” means the Registrar of the Tribunal and includes any officer to whom the powers and functions of the Registrar may be delegated;
(g) “registry” means the registry of the Tribunal;
(h) “section” means a section of the Act;
(i) “transferred application” means the suit or other proceeding which has been transferred to the Tribunal under sub-section (1) of section 29;
(j) “Tribunal” means the Cyber Regulations Appellate Tribunal established under section 48

Procedure for filing applications.—

(1) An application to the Tribunal shall be presented in Form 1 annexed to these rules by the applicant in person or by an agent or by a duly authorized legal practitioner, to the Registrar or sent by registered post addressed to the Registrar.

(2) The application under sub-rule (1) shall be presented in six complete sets in a paper-book form along with one empty file size envelope bearing full address of the respondent. Where the number of respondents is more than one, sufficient number of extra paper-books together with required number of empty file size envelopes bearing the full address of each respondent shall be furnished by the applicant.

(3) The applicant may attach to and present with his application a receipt slips as in Form No. 1 which shall be signed by the Registrar or the officer receiving the applications on behalf of the Registrar in acknowledgement of the receipt of the application.

1. Vide G.S.R 791(E), dated 17th October, 2000, published in the Gazette of India, Extra, Pt. II, Sec. 3(1), dated 17th October, 2000.

(4) Notwithstanding anything contained in sub rules (1), (2) and (3), the Tribunal may permit—

(a) more than one person to join together and file a single application if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have the same interest in the service matter; or
(b) an Association representing the persons desirous of joining in a single application provided, however, that the application shall disclose the names of all the persons on whose behalf it has been filed.

Presentation and scrutiny of applications.—

(l) The Registrar, or the officer authorised by the Registrar shall endorse on every application the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement.

(2) If, on scrutiny, the application is found to be in order, it shall be duly registered and given a serial number.

(3) If the application, on scrutiny, is found to be defective, and the defect noticed is formal in nature, the Registrar may allow the party to rectify the same in his presence, and if the said defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit.

(4) If the applicant fails to rectify the defect within the time allowed under sub- rule (3), the Registrar may, by order, and for reasons to be recorded in writing, decline to register the application.

(5) An appeal against the order of the Registrar under sub-rule (4) shall be made within 15 days of the making of such order to the Tribunal whose decision thereon shall be final.

Place of filing application.—

The applicant shall file application with the Registrar.

Application fee.—

Every application filed with the Registrar shall be accompanied by a fee of Rs. 2,000/- (rupees two thousand) only which shall be either in the form of a crossed demand draft or a pay order drawn on a Scheduled Bank in favour of the Registrar and payable at New Delhi.

Contents of application.—

(1) Every application filed under rule 3 shall set forth concisely under distinct heads, the grounds for such application and such grounds shall be numbered consecutively and typed in double space on one side of the paper.

(2) It shall not be necessary to present a separate application to seek an interim order or direction if the application contains a prayer seeking an interim order or direction pending final disposal of the application.

(3) An application may, subsequent to the filing of application under section 57 of the Act, apply for an interim order or direction. Such an application shall, as far as possible, be in the same form as is prescribed for on application under section 57 and shall be accompanied by a fee of Rs. 5/- (Rupees five only) which shall be payable in court fee stamps affixed on such application.

Paper book, etc. to accompany the application.—

(1) Every application shall be accompanied by a paper book containing—

(i) a certified copy of the order against which the application has been filed;
(ii) copies of the documents relied upon by the applicant and referred to in the application; and
(iii) an index of documents.

(2) The documents referred to in sub-rule (I) may be attested by an advocate or by a gazetted officer.

(3) Where an application is filed by an agent, documents authorising him to act as such agent shall also be appended to the application:

Provided that where an application is filed by an advocate it shall be accompanied by a duly executed ‘Vakalatnama’.

Next Page