Prevention of Electronic Crimes Act, 2016 — Section 2V: Tribunals

2V. Tribunals.__ (1) The Federal Government may, by notification in the official gazette, establish as many Social Media Protection Tribunals for the purposes of this Act as it may determine. Where more than one such Tribunals are established, the Federal Government shall specify territorial limits within which or the class of cases in respect of which each of such Tribunal shall exercise jurisdiction under this Act.

(2)A Tribunal shall consist of

(a)a Chairman, who has been or is qualified to be a judge of a High Court;

(b)a journalist registered with any press club of Pakistan having not less than twelve years of relevant experience with known professional competence in his field and having a bachelor’s degree in journalism recognized by the Higher Education Commission of Pakistan; and

(c)a software engineer, and expert in the field of social media rights haying a minimum of bachelor’s degree recognized by the Higher Education Commission, of Pakistan, in relevant field or allied subject.

(3)The Chairman and members of a Tribunal shall be appointed by the Federal Government for a period of three years, on such terms and conditions as may be prescribed.

(4)The Chairman or a member of a Tribunal may resign from his office by writing under his hand addressed to the Federal Government through the division to which business of law stands allocated.

(5)The Federal Government may remove the Chairman or a member of the Tribunal if he is found unable to perform the functions of his office due to mental or physical disability, inefficiency or to have committed misconduct. Explanation.__ For the purposes of this section, the expression “misconduct” means conviction for any offence involving moral turpitude and abuse or misuse of authority.

(6)In case of a vacancy occurring due to the death, resignation, completion of his term of appointment or removal of Chairman or any member of the Tribunal, the Federal Government shall appoint another qualified person within a period not exceeding one month from the date, the vacancy occurred.

(7)The Tribunal shall decide all cases within ninety days. In case the decision is not rendered within the stipulated time, the Tribunal shall record the reasons for the same.

(8)The Tribunal shall follow such procedure as may be prescribed. (2W) Jurisdiction of the Tribunal.___ (1) The Tribunal shall exercise such powers and perform such functions as are or may be conferred upon or assigned to it by or under this Act or rules made thereunder.

(2)Any person aggrieved by any decision of the Authority may prefer an appeal before the Tribunal in such manner as may be prescribed.