Chhattisgarh Special Courts Act 2015
No: 8 Dated: Feb, 09 2016
CHHATTISGARH SPECIAL COURTS ACT, 2015
An Act to provide for the constitution of Special Courts for th€ Speedy trial of certain class ofoffences and forconfiscation ofthe properties acqiured by public servants using corrupt practices and forthe matters connected therewith and incidental thereto.
Be it enacted by the Chhattisgarh Legislature in the Sixty-sixth Year of the Republic of India, as follows :-
CHAPTER- I
PRELIMINARY
1. Short title, extent and commencement. - (1) This Act may be called the Chhattisgarh Special Courts Act, 2015.
(2) It shall extend to the whole State of Chhattisgarh.
(3) It shall come into force from the date of its publication in the Official Gazette.
2. Definitions. - (1) In this Act, unless the context otherwise requires,-
(a) "Act" means the Prevention of Corruption Act, 1988 (No. 49 of 1988);
(b) "Authorised Officer" means for the purpose of Section 16 and 17, Presiding Officer of the Special Court who shall not be below the rank of Session Judge or Additional Session Judge;
(c) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
(d) "Declaration" in relation to an offence means a declaration made by the State Government under Section 5 of this Act;
(e) "Illegally Acquired Property" means property found disproportionate to the public servant's known source of income and shall include movable and immovable property held by any other person on his behalf;
(f) "Investigation Agency" means person authorised to investigate an offence under this Act and shall be same as provided under Section 17 of the Prevention of the Corruption Act, 1988 (No. 49 of 1988) or any other agency empowered by the State Government in this behalf;
(g) "Offence" means an offence of criminal misconduct which attracts application of clause (e) of sub-section (1) of Section 13 of the Prevention of Corruption Act, 1988 (No. 49 of 1988) either independently or in combination with other provisions of said Act or offence under Indian Penal Code (45 of 1860) or any other Act;
(h) "Person affected" means a person in respect of whom application has been filed under Section 16;
(i) "Property" means and includes any interest in property movable or immovable;
(j) "Special Court" mean a Special Court established under Section 3 of this Act.
(2) Words and expression used but not defined in this Act shall have the same meaning as respectively assigned to them in the Prevention of the Corruption Act, 1988 (No. 49 of 1988) and the Code of Criminal Procedure, 1973 (2 of 1974).