This ordinance illustrates that any person aggrieved by order of tribunal may, within 60 days thereof, prefer appeal to SC
ISLAMABAD: The caretaker government has promulgated and notified an ordinance for the establishment of the Telecommunication Appellate Tribunal Ordinance 2023, comprising a chairperson who will be a judge of the high court or an advocate for 15 years.
“We have accepted a long-awaited demand of the telecom sector and established an appellate tribunal for the telecom sector. This tribunal will decide within 90 days,” Federal Minister for Information Technology and Telecom Omar Saif said while talking to a select group of reporters here at his office on Thursday.
This ordinance illustrates that any person aggrieved by an order of the tribunal may, within 60 days thereof, prefer an appeal to the Supreme Court.
According to the gazetted notification issued by the government, no suit or other legal proceedings shall be brought in any civil court or court exercising the power of a civil court against any order, decision, or notice issued by the Authority under this Act or in respect of any matter that falls within the jurisdiction of the Tribunal and to determine and adjudicate. Any civil court or court exercising the power of a civil court shall not grant an injunction in respect of any action taken or intended to be taken by the Tribunal in pursuance of its jurisdiction.
The Federal Government shall, by notification in the official Gazette, establish a Tribunal to exercise jurisdiction under this Act and the Prevention of Electronic Crimes Act, 2016 (XL of 2016), and the Tribunal shall consist of the following three members:
(a) No person shall be appointed as a chairperson of the Appellate Tribunal unless he (i) has been a judge of a high court; or (ii) is or has been an advocate for not less than 15 years’ active practice of conducting cases before a high court.
(b) one member with a master’s-level professional degree in electrical, electronics, telecommunications, information and communication technology, information security, or other related subjects with at least 10 years of relevant experience, including at least five years of experience at the senior management level in the public or private sector; and (c) one member with a master’s-level professional degree in finance, commerce, economics, chartered accountancy, or other related subjects with at least 10 years of relevant experience, including at least five years of experience at the senior management level in the public or private sector. The Federal Government may increase or decrease the number of members of the Tribunal and prescribe their qualifications and mode of appointment.
The Tribunal shall, to hear and decide appeals under this Act and the Prevention of Electronic Crime Act, 2016 (XL of 2016), have the same powers as are vested in a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of—(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents and material objects; (c) receiving evidence on affidavits; and (d) issuing commissions for the examination of witnesses and documents.
The chairperson and members of the Tribunal shall be appointed by the Federal Government in the prescribed manner.
The Chairperson and members shall hold office for four years and shall be eligible for re-appointment for a similar term or terms and shall cease to hold office on attaining the age of sixty-eight years or on the expiry of the term unless renewed, whichever is earlier.
A person shall not be appointed as Chairperson or a member, or remain as Chairperson or such member, of the Tribunal unless he— (a) is a citizen of Pakistan; (b) is not of the age exceeding sixty-four years on the date of his appointment; (c) has not been declared by a competent court of law as un-discharged insolvent or his petition for the same is not pending adjudication; (d) has not been declared by a competent court of law of unsound mind or insane; (e) has not been convicted by a competent court of law for an offence involving moral turpitude, fraud, dishonesty or corruption; (f) is not incapable of discharging his duties by reasons of physical or mental unfitness and has not been so declared by a duly constituted medical board; and (g) is not, or while appointed as a member does not become, an officer or a director of a company.
The Chairperson and members shall disclose the conflict of interest, direct or indirect, at or within the time provided for such disclosure under this Act and the Prevention of Electronic Crime Act, 2016 (XL of 2016).
Where a retired judge of a high court is appointed chairperson, he shall be entitled to the salary, perks, and privileges as were last drawn by him as such judge.
Where an advocate is appointed as chairperson, he shall be entitled to the salary, perks, and privileges as are admissible to a person appointed in the MP-I scale of the Federal Government.
The members shall be entitled to the salary, perks, and privileges as are admissible to a person appointed in the MP-I scale of the Federal Government. The chairperson or a member may, by writing under his hand to the Federal Government with a notice of not less than 30 days, resign from his office and shall continue to perform his duties until acceptance of his resignation.
The Federal Government, for the practice and procedure of the Tribunal, may, from time to time, by notification in the official Gazette, prescribe rules. Until such rules are prescribed under sub-section (9), the Tribunal may adopt the procedure laid down by the Islamabad High Court for filing an adjudication upon first appeal. Subject to the provisions of this Ordinance, the jurisdiction of the Tribunal may be exercised by the bench or the benches thereof. The chairperson may constitute or re-constitute a bench or benches accordingly.
The decision of the Tribunal shall be taken with the concurrence or by the majority of its members, as the case may be, provided that in case of difference in opinion as to the decision to be given on any point, the matter shall be referred to the Chairperson for the constitution of the full bench.
All appeals in respect of any matter under the jurisdiction of the Tribunal but pending before any High Court immediately before the commencement of the Establishment of Telecommunication Appellate Tribunal Ordinance, 2023 (of 2023) shall stand transferred to the Tribunal on said commencement. Where any appeal stands transferred from any High Court to the Tribunal, the High Court shall, within one month of the said commencement, transfer the record of such appeal to the Tribunal. The Chairperson and members of the Tribunal shall be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (Act XV of 1860).