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Chapter-10

Chapter-10 Provisions Relating to Information Technology Tribunal

60. Constitution of a Tribunal:

(1) Government of Nepal shall, in order to initiate the proceedings and adjudicate the offences concerning computer as referred to in Chapter -9, constitute a three member Information Technology Tribunal consisting of one member each of law, Information Technology and Commerce by notification in the Nepal Gazette from amongst the persons who are qualified under section 60.
(2) The Law Member shall be the chairperson of the Tribunal.
(3) The Tribunal shall exercise its jurisdiction as prescribed.

(4) Any person aggrieved by an order or a decision made by Tribunal may appeal to the Appellate Tribunal within thirty five days from the date of
such order or decision, as the case may be.

61. Qualification of the Member of the Tribunal:

1) Any person who has the knowledge in information technology and, who is or who has been or who  is qualified to be a judge in the District Court, shall be eligible to be a law member of the Tribunal.
(2) A Nepalese citizen who holds at least master degree in computer science or information technology and who has at least three years experience
in the field of electronic transactions, information technology or electronic communication, shall be eligible to be a information technology member of the
Tribunal.
(3) A Nepali citizen who holds at least master degree in management or commerce and who has specialization in the field of electronic transaction
and who has at least three years experience in the related field shall be eligible to be a commerce member of the Tribunal.

62. Terms of office, remuneration and conditions of service of the  Member of Tribunal :

(1) The term of office of a member of the Tribunal shall be of five years and he/she shall be eligible for reappointment.
(2) Remuneration and the terms and conditions of the service of a Member of the Tribunal shall as prescribed.
(3) Every Member of the Tribunal shall, before assuming his/her office, take the oath of his/her office and secrecy before the Chief Judge of
Appellate Court in a format and in a manner as prescribed.

63. Circumstances under which office shall be fallen vacant and filling up of vacancy :

1) Office of a Member of the Tribunal shall be fallen vacant in the following circumstances:
a) On expiry of terms of office,
b) On attainment of sixty three years of age.
c) On death,
d) If one tenders resignation,
e) If one is convicted by a court on any criminal offence involving moral turpitude, or

f) If it is proved that one has misbehavior or has become incompetent to perform one’s duty while making an inquiry by  Government of Nepal on the charge that one has misbehavior against one’s office or has become incompetent to perform one’s duty.
Provided that, a Member of the Tribunal charged under this Clause shall given a reasonable opportunity to defense his/her case.
(2) Notwithstanding anything contained in Clause (f), if the law member of the Tribunal is a sitting judge, while making such an
inquiry, it shall be done in accordance with the prevailing law concerning his/her terms of service.
(3) The procedure of inquiry, for the purpose of Clause (f) of Sub-section Sub-section (1), shall be as prescribed.
(4) Government of Nepal shall, in case of vacancy of the office of any member of Tribunal under Sub-section (1), fulfill such vacancy from among the persons who are qualified under section 61 for remaining term of office of such a member.

64. Staff of the Tribunal :

(1) Government of Nepal shall make available necessary staff to the Tribunal to perform its functions.
(2) Other provisions regarding the staff of the Tribunal shall be as prescribed.

65. Procedures to be followed by the Tribunal : The Tribunal shall, while  initiating proceedings and adjudicating the case under section 60, shall follow
the procedures as prescribed.

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