Section 46: Power to Adjudicate


(1) For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, direction or order made thereunder which renders him liable to pay penalty or compensation, the Central Government shall, subject to the provisions of sub-section(3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.

(1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for injury or medical malpractice (http://sideeffectsofxarelto.org/the-first-lawsuit-moves-forward/ will provide you with clear example) or damage does not exceed rupees five crore.

Provided that the jurisdiction in respect of claim for injury or damage exceeding rupees five crore shall vest with the competent court.

(2) The adjudicating officer shall, after giving the person referred to in sub-section (1) a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty as he thinks fit in accordance with the provisions of that section.

(3) No person shall be appointed as an adjudicating officer unless he possesses such experience in the field of Information Technology and Legal or Judicial experience as may be prescribed by the Central Government.

(4) Where more than one adjudicating officers are appointed, the Central Government shall specify by order the matters and places with respect to which such officers shall exercise their jurisdiction.

(5) Every adjudicating officer shall have the powers of a civil court which are conferred on the Cyber Appellate Tribunal under sub-section (2) of section 58, and –

(a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code;
(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.
(c) shall be deemed to be a Civil Court for purposes of order XXI of the Civil Procedure Code, 1908

 

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Comments

  1. Notification no. G.S.R.240(E) dated 25.3.2003 regarding appointment of Secretary of the Department of Information Technology of each of the States or Union Territories as Adjudicating Officer

    IT Act Notification No 240
    THE GAZETTE OF INDIA
    EXTRAORDINARY
    Part II- Section 3, Sub-Section (i)
    MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY
    (Department of Information Technology)
    ORDER
    New Delhi, the 25th March, 2003

    G.S.R.240(E)
    In exercise of the powers conferred by Sub-section (I) of Section 46 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following order/appointments viz-

    1. Whereas Sub-section (1) of the Section 46 makes provision for appointment of one or more Adjudicating Officers not below the rank of Director to the Central Government and Sub-section (3) requires that such an officer should possess experience in the field of Information Technology and legal or judicial experience as may be prescribed by the Central Government and whereas such experience necessary for appointment as Adjudicating Officer has been notified by the Central Government as per the Gazette Notification for Information Technology Rules, 2003 under the short title Qualification and Experience of Adjudicating Officer and Manner of Holding Enquiry vide Gazette Notification G.S.R. 220(E) dated 17th March, 2003.

    2. Further, whereas the Secretary of the Department of Information Technology of each of the States or Union Territories are normally not below the rank of Director and possess the requisite experience in the field of Information Technology and also possess legal/judicial experience as required, therefore the Secretary of Department of Information Technology of each of the States or of Union Territories is hereby appointed as Adjudicating Officer for the purpose of the Information Technology Act, 2000.

    3. The Department of Information Technology of each of the States or of Union Territories shall provide the infrastructure and maintain the records of the matters handled by Adjudicating Officer functioning in the States/Union Territories.

    [F.No. 2(8)/2000-Pers.I]
    (S. Lakshminarayanan), Additional Secretary

    To conclude, the IT secretary of each state will be the adjudication officer for the purposes of filing complaint under IT Act.

  2. The format of the complaint to be filed with Adjudication Officer:

    PROFORMA FOR COMPLAINT TO ADJUDICATING OFFICER
    UNDER INFORMATION TECHNOLOGY ACT – 2000

    I
    1. Name of the Complainant
    2. E-mail address
    3. Telephone No.
    4. Address for correspondence
    5. Digital Signature Certificate, if any

    II
    1. Name of the Respondent
    2. E-mail address
    3. Telephone No.
    4. Address for correspondence
    5. Digital Signature Certificate, if any

    III Damages claimed

    Fee deposited
    Demand Draft No.____________dated __________Branch_______

    IV Complaint under Section/Rule/Direction/Order etc.
    V Time of Contravention
    VI Place of Contravention
    VII Cause of action
    VIII Brief facts of the case

    (Signature of the Complainant)

    source: THE GAZETTE OF INDIA
    EXTRAORDINARY Part II- Section 3, Sub-Section (i)
    MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY
    (Department of Information Technology)
    NOTIFICATION New Delhi, 17th March, 2003

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Browse other chapters: Preamble
Chapter 1: Preliminary (section 1-2)
Chapter 2: Digital Signature and Electronic Signature (section 3-3A)
Chapter 3: Electronic Governance (section 4-10A)
Chapter 4: Attribution Acknowledgment and Dispatch of Electronic Records (section 11-13)
Chapter 5: Secure Electronic Records And Secure Electronic Signatures (section 14-16)
Chapter 6: Regulation of Certifying Authorities (section 17-34)
Chapter 7: Electronic Signature Certificates (section 35-39)
Chapter 8: Duties Of Subscribers (section 40-42)
Chapter 9: Penalties Compensation And Adjudication (section 43-47)
Chapter 10: The Cyber Appellate Tribunal (section 48-64)
Chapter 11: Offences (section 65-78)
Chapter 12: Intermediaries Not To Be Liable In Certain Cases (section 79)
Chapter 12A: Examiner Of Electronic Evidence (section 79A)
Chapter 13: Miscellaneous (section 80-90)



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