No person shall be eligible to remain a member of the Tribunal if -
39.
40.
(a)
he is found guilty of any misconduct or default in the discharge of his duties as a
member which renders him unfit to be a member;
(b)
he is convicted of an offence of such nature as renders it desirable that he should
be removed from office; or
(c)
he is suffering from such mental or physical infirmity as renders him unfit to
discharge his duties as a member.
Jurisdiction of the Tribunal
(1)
The Tribunal shall hear and dispose of any appeal against a decision of the
Authority regarding information and communication technologies.
(2)
No appeal shall lie against any decision made by the Tribunal following a settlement
reached with the consent of the parties or their representatives.
(3)
Subject to subsection (4), every appeal under subsection (1) shall be lodged within
a period of 21 days from the date of notification of the decision to the aggrieved
person and it shall be in such form and be accompanied by such fee as may be
prescribed.
(4)
The Tribunal may entertain an appeal after the expiry of the said period of 21 days
if it is satisfied that there was sufficient cause for not lodging it within that period.
(5)
The Tribunal may, after giving the parties to the appeal an opportunity of being
heard, pass such orders as it thinks fit, confirming, varying or setting aside the
decision appealed against.
(6)
The Tribunal shall send a copy of every order made by it to the parties to the appeal
and to the Authority.
(7)
Any appeal filed before the Tribunal under subsection (1) shall be dealt with by it as
expeditiously as possible and the Tribunal shall endeavour to dispose of the appeal
within 6 months from the date the appeal was lodged.
Procedure and powers of the Tribunal
(1)
The Tribunal shall sit at such place and time as the Chairperson of the Tribunal may
determine.
(2)
Where the Tribunal adjourns any proceedings, it may resume them at such place
and time as the Chairperson of the Tribunal may determine.
(3)
Subject to any regulations made under section 48, all appeals before the Tribunal
shall be instituted and conducted -