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Section 26 – Appeal to Appellate Tribunal

PUBLISHED

Section 26 – Appeal to Appellate Tribunal

(1) The Appellate Tribunal established under the Telecom Regulatory Authority of India Act, 1997, shall also serve as the Appellate Tribunal for the purposes of this Act.

(2) Any person aggrieved by any direction, decision, or order of the IAIC under this Act may prefer an appeal to the Appellate Tribunal within a period of 60 days from the date on which a copy of the direction, decision, or order is received by the person.

(3) The Appellate Tribunal may entertain an appeal after the expiry of the said period of 60 days if it is satisfied that there was sufficient cause for not filing it within that period.

(4) On receipt of an appeal, the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying, or setting aside the direction, decision, or order appealed against.

(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the IAIC.

(6) The appeal filed before the Appellate Tribunal shall be dealt with by it as expeditiously as possible, and endeavour shall be made by it to dispose of the appeal finally within 6 months from the date of receipt of the appeal.

(7) The Appellate Tribunal may, for the purpose of examining the legality, propriety, or correctness of any direction, decision, or order of the IAIC, on its own motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as it thinks fit.

(8) The provisions of sections 14-I to 14K of the Telecom Regulatory Authority of India Act, 1997, shall, mutatis mutandis, apply to the Appellate Tribunal in the discharge of its functions under this Act, as they apply to it in the discharge of its functions under that Act.

(9) Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within a period of 60 days from the date of communication of the decision or order of the Appellate Tribunal.

(10) The Appellate Tribunal shall endeavour to function as a digital office to the extent practicable, with the filing of appeals, hearings, and pronouncement of orders being conducted through digital means.

 

Related Indian AI Regulation Sources

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