The Appellate Tribunal
Section 48. Appellate Tribunal.
48(1).
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) was originally set up under Section 14 of the TRAI Act, 1997.
Since Part XIV of Chapter VI of the Finance Act, 2017 has come into force, the existing tribunal (TDSA):
Automatically got an additional role and started functioning as the Appellate Tribunal for matters under this Act.
As the Appellate Tribunal, DTSAT has the following powers under this Act.
To Exercise the jurisdiction.
To Exercise the powers.
To Exercise the authority.
48(2).
The Central Government can issue a notification and by this notification can:
Specify the types of matters (subjects or cases).
Specify the places or geographical areas.
The Appellate Tribunal to exercise its jurisdiction only in accordance to the notification.
Section 49. [Omitted.].
Section 50. [Omitted.].
Section 51. [Omitted.].
Section 52. [Omitted.].
Section 52A. [Omitted.].
Section 52B. [Omitted.].
Section 52C. [Omitted.].
52D. Decision by majority.
If a Bench of two Members hears a case and they disagree on any point, then: They must clearly record the point or points of disagreement.
These points are then referred to the Chairperson of the Appellate Tribunal.
The Chairperson will hear those points personally.
The final decision will be made according to the majority view of: The Chairperson, and The Members who originally heard the case.
53. [Omitted.].
54. [Omitted.].
55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.
The Central Government has the power to appoint the Chairperson and Members of the Appellate Tribunal.
Once such an appointment order is issued, it cannot be questioned or challenged.
No legal proceeding can be initiated against the appointment order.
Courts or any other authority cannot review the validity of the appointment.
The appointment remains final and binding.
Any act or proceeding of the Appellate Tribunal remains valid.
It cannot be challenged merely on the ground that: There was a defect or irregularity in the constitution of the Tribunal.
Such defects do not affect the legality of the Tribunal’s decisions or actions.
So, even if there is a technical defect in how the Tribunal is constituted, its appointments and decisions remain legally valid.
56. [Omitted.].
57. Appeal to Appellate Tribunal.
57(1).
The Appeal to the Tribunal court can be done with subject to 57(2).
Any person who is aggrieved by an order may file an appeal with the DSAT.
The appeal can be filed against an order passed by:
The Controller, or an adjudicating officer under the Act.
The appeal must be filed before the Appellate Tribunal that has jurisdiction over the matter.
57(2).
If an adjudicating officer passes an order with the consent of both parties, then no appeal is allowed against that order.
Such an order cannot be challenged before the Appellate Tribunal.
So , when both parties agree to an order, they lose the right to appeal against it.
57(3).
Every appeal under 57(1) must be filed within 45 days.
The 45 days are counted from the date the aggrieved person receives a copy of the order.
The order may be passed by the Controller or the adjudicating officer.
The appeal must be filed in the prescribed form.
It must also be accompanied by the prescribed fee.
Normally, an appeal must be filed within 45 days.
However, the Appellate Tribunal may still accept the appeal even after 45 days.
This is allowed only if the Tribunal is satisfied that there was sufficient cause for the delay.
57(4).
Once an appeal under 57(1) is received:
The Appellate Tribunal must give both parties a chance to be heard.
After hearing them, the Tribunal may pass any order it considers appropriate.
Specifically, it may:
Confirm the original order.
Modify the original order.
Set aside (cancel) the original order.
57(5).
After passing an order, the Appellate Tribunal must send a copy of the order.
The copy must be sent to:
Both parties to the appeal, and the concerned Controller or adjudicating officer.
The Appellate Tribunal must officially communicate its decision to everyone involved in the case.
57(6).
The Appellate Tribunal must handle appeals as quickly as possible.
It should make a serious effort to complete the case.
The goal is to finally dispose of the appeal within six months.
The six months are counted from the date the appeal is received.
58. Procedure and powers of the Appellate Tribunal.
58(1).
The Appellate Tribunal is not required to follow the procedure prescribed in the Code of Civil Procedure, 1908
But it must still be guided by the principles of natural justice
The functioning of the Appellate Tribunal is still subject to the provisions of this Act
It is also subject to any rules made under the Act
Within these limits, the Appellate Tribunal has the power to regulate its own procedure
This includes deciding how proceedings will be conducted
It also includes deciding the place where the Tribunal will hold its sittings.
58(2).
The Appellate Tribunal is given powers similar to those of a civil court.
These powers are exercised only for performing its functions under this Act.
These powers are derived from the Code of Civil Procedure, 1908
These powers apply only with respect to these specific matters:
(a).
Power to summon any person.
Power to compel attendance of persons.
Power to examine persons on oath.
(b).
Power to require discovery of documents.
Power to require production of documents or electronic records.
(c).
Power to accept evidence through affidavits.
(d).
Power to issue commissions to examine witnesses.
Power to issue commissions to examine documents.
(e).
Power to review its own decisions.
(f).
Power to dismiss an application for non-appearance.
Power to decide an application ex parte.
(g).
Power to exercise any other powers that may be prescribed by rules.
58(3).
All proceedings before the Appellate Tribunal are treated as judicial proceedings.
Sections 193 and 228 of the IPC apply to these proceedings.
Section 196 of the IPC also applies for these purposes.
The Appellate Tribunal is treated as a civil court for limited purposes.
This applies specifically for section 195 of the Code of Criminal Procedure.
It also applies for Chapter XXVI of the Code of Criminal Procedure, 1973
Section 193 of the IPC deals with: Punishment for False Evidence.
Section 228 of the IPC deals with: Intentional Insult or Intervention to a Public Servant sitting in a Judicial Proceeding.
Section 196 of the CPC deals with: Using Evidence known to be false.
Chapter XXVI of the CPC deals with: Commissions.
To collect evidence when the court cannot conveniently do so itself.
To examine witnesses who cannot attend court (due to illness, distance, or official duty).
To conduct local investigations and report facts from the spot.
To examine and verify accounts in complex matters.
To divide or partition property through a neutral officer.
To assist the court with factual findings without delaying the trial.
59. Right to legal representation.
The appellant has a choice in how to appear before the Appellate Tribunal.
The appellant may:
Appear personally.
Authorise one or more legal practitioners.
Authorise any of its officers to represent them.
60. Limitation.
The time-limit rules under the Limitation Act apply to appeals before the Appellate Tribunal.
So , the Limitation Act, 1963 will apply as far as possible.
61. Civil court not to have jurisdiction.
No suit or legal proceeding can be entertained by any court with respect to matters assigned under this Act.
If the matter can be decided by an adjudicating officer under the Act, then the courts cannot interfere.
If the matter falls within the jurisdiction of the Appellate Tribunal under the Act, courts also cannot entertain it.
Additionally, no court or authority can grant an injunction against any action taken or proposed to be taken under the powers given by this Act.
62. Appeal to High Court.
If any person is aggrieved by a decision or order of the Appellate Tribunal then:
That person may file an appeal before the High Court.
The appeal must be filed within 60 days.
The 60 days are counted from the date the Tribunal’s decision or order is communicated to the person.
The appeal may be made on any question of fact or law arising out of that order.
Normally, the appeal must be filed within 60 days.
If the appellant misses this deadline, then the High Court may still allow the appeal.
This is permitted only if the Court is satisfied that there was sufficient cause for the delay.
Even then, the extension cannot exceed another 60 days.
63. Compounding of contraventions
63(1).
Any contravention under this Act may be compounded.(Settled by paying a sum instead of continuing proceedings).
Compounding can happen either before or after adjudication proceedings have started.
Compounding may be done by:
The Controller.
Any other officer specially authorised by the Controller.
The adjudicating officer, as the case may be.
Compounding is subject to conditions specified by the authority compounding the matter.
When a contravention is compounded:
The amount payable for compounding cannot be more than the maximum penalty prescribed under the Act for that particular contravention.
So , Compounding cannot cost more than the highest penalty that could have been imposed for the offence.
63(2).
63(1) allows contraventions to be compounded.
However, this benefit does not apply to a person who:
Commits the same or a similar contravention.
Within three years from the date on which their first contravention was compounded.
Explanation:
With respect to understanding 63(1) on how repeat contraventions are counted:
If a person commits another contravention after three years, then the new contravention is treated as a first-time contravention again.
The three years period is supposed to be counted from the date the earlier contravention was compounded.
But if a person commits another contravention within the 3 years period then in such a case it would be considered a subsequent contravention.
63(3).
If a contravention is compounded under 63(1), then no legal proceeding will be started, or no further proceeding will continue for that same contravention.
So, once an offence is compounded, the matter is settled and no further action can be taken for that offence against the defendant.
Section 64. Recovery of Penalty & Compensation
If a penalty imposed or compensation awarded under this Act is not paid, then:
The unpaid amount will be recovered like arrears of land revenue.
In addition to recovery: The licence, or the Electronic Signature Certificate, as applicable, will be suspended.
The suspension will continue until the penalty or compensation is paid.
The meaning of Recovered like Arrears of Land Revenue
The government will recover the money the same way it recovers unpaid land tax using its strongest recovery powers.
Powers the Government can use:
Attach and sell property (land, house, vehicle, etc.).
Attach bank accounts.
Recover from salary or other income.
Seize movable property.
Prevent transfer or sale of property until dues are cleared.
