Section 29 Appeal to Appellate Tribunal
29.(1) Any personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses aggrieved by an order or direction made by the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 under this Act may prefer an appeal before the Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997.
(2) Every appeal under sub-section (1) shall be filed within a period of sixty days from the date of receipt of the order or direction appealed against and it shall be in such form and manner and shall be accompanied by such fee as may be prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act.
(3) The Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 may entertain an appeal after the expiry of the period specified in sub-section (2), if it is satisfied that there was sufficient cause for not preferring the appeal within that period.
(4) On receipt of an appeal under sub-section (1), the Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 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 order appealed against.
(5) The Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 shall send a copy of every order made by it to the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 and to the parties to the appeal.
(6) The appeal filed before the Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date on which the appeal is presented to it.
(7) Where any appeal under sub-section (6) could not be disposed of within the period of six months, the Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 shall record its reasons in writing for not disposing of the appeal within that period.
(8) Without prejudice to the provisions of section 14A and section 16 of the Telecom Regulatory Authority of India Act, 1997, the Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 shall deal with an appeal under this section in accordance with such procedure as may be prescribedDefined in section 2(v): prescribed means prescribed by rules made under this Act.
(9) Where an appeal is filed against the orders of the Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 under this Act, the provisions of section 18 of the Telecom Regulatory Authority of India Act, 1997 shall apply.
(10) In respect of appeals filed under the provisions of this Act, the Appellate TribunalDefined in section 2(a): Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 shall, as far as practicable, function as a digital officeDefined in section 2(m): digital office means an office that adopts an online mechanism wherein the proceedings, from receipt of intimation or complaint or reference or directions or appeal, as the case may be, to the disposal thereof, are conducted in online or digital mode, with the receipt of appeal, hearing and pronouncement of decisions in respect of the same being digital by design.