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(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 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.
(2)
The adjudicating officer shall, after giving the person
referred to in sub- section (l)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 or award
such compensation 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 (45 of 1860);
b)
shall be deemed to be a Civil Court for the purposes
of sections 345 and 346 of the Code of Criminal Procedure,
1973(2 of 1974).
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