(a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860); (b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974); 1 [(c) shall be deemed to be a civil court for purposes of Order XXI of the Civil Procedure Code, 1908 (5 of 1908).] 47. Factors to be taken into account by the adjudicating officer.–While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely:– (a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to any person as a result of the default; (c) the repetitive nature of the default. CHAPTER X THE CYBER 2*** APPELLATE TRIBUNAL 48. Establishment of Cyber Appellate Tribunal.–(1) The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber 3*** Appellate Tribunal. (2) The Central Government shall also specify, in the notification referred to in sub-section (1), the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction. 4 [49. Composition of Cyber Appellate Tribunal.–(1) The Cyber Appellate Tribunal shall consist of a Chairperson and such number of other Members, as the Central Government may, by notification in the Official Gazette, appoint: Provided that the person appointed as the Presiding Officer of the Cyber Appellate Tribunal under the provisions of this Act immediately before the commencement of the Information Technology (Amendment) Act, 2008 (10 of 2009) shall be deemed to have been appointed as the Chairperson of the said Cyber Appellate Tribunal under the provisions of this Act as amended by the Information Technology (Amendment) Act, 2008. (2) The selection of Chairperson and Members of the Cyber Appellate Tribunal shall be made by the Central Government in consultation with the Chief Justice of India. (3) Subject to the provisions of this Act– (a) the jurisdiction, powers and authority of the Cyber Appellate Tribunal may be exercised by the Benches thereof; (b) a Bench may be constituted by the Chairperson of the Cyber Appellate Tribunal with one or two Members of such Tribunal as the Chairperson may deem fit. (c) the Benches of the Cyber Appellate Tribunal shall sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson of the Cyber Appellate Tribunal, by notification in the Official Gazette, specify; (d) the Central Government shall, by notification in the Official Gazette, specify the areas in relation to which each Bench of the Cyber Appellate Tribunal may exercise its jurisdiction. (4) Notwithstanding anything contained in sub-section (3), the Chairperson of the Cyber Appellate Tribunal may transfer a Member of such Tribunal from one Bench to another Bench. (5) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member of the Cyber Appellate Tribunal that the case or matter is of such a nature that it ought to be heard by a Bench consisting of more Members, the case or matter may be transferred by the Chairperson to such Bench as the Chairperson may deem fit. 1. Ins. by Act 10 of 2009, s. 23 (w.e.f. 27-10-2009). 2. The word “REGULATIONS” omitted by s. 24, ibid. (w.e.f. 27-10-2009). 3. The word “Regulations” omitted by s. 25, ibid. (w.e.f. 27-10-2009). 4. Subs. by s. 26, ibid., for sections 49 to 52 (w.e.f. 27-10-2009). 21