Uttarakhand Special Court Act, 2011
No: 19 Dated: Oct, 04 2011
THE UTTARAKHAND SPECIAL COURTS ACT, 2011
An Act further to provide for the constitution of special courts for the speedy trial of certain class of offences and for confiscation of the properties involved.
Be it enacted by the Legislature of State of Uttarakhand in the Sixty Second Year of the Republic of India as follows: --
CHAPTER I PRELIMINARY
1. Short title, extent and Commencement:- (1) This Act may be called the Uttarakhand Special Courts Act, 2011.
(2) It shall extend to the whole of the State of Uttarakhand.
(3) It shall come into force at once.
2. Definitions:- In these Act, unless there is anything repugnant in the subject or context-
(a) “Act’’ means Prevention of Corruption Act, 1988.
(b) “Authorized officer” means any serving officer belonging to Uttarakhand Higher Judicial Service and who is or has been Session Judge/Additional Sessions Judge, nominated by the State Government with the concurrence of the High Court for the purpose of section 13;
(c) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974) ;
(d) "Declaration" in relation to an offence, means a declaration made under section-5 in respect of such offence;
(e) "Offence" means an offence of criminal misconduct which attracts application of clause (e) of sub-section (1) of section 13 of the Act either independently or in combination with any other provision of the Act or any of the provision of Indian Penal code. (49 of 1988);
(f) "Special Court" means a Special Court established under section 3; and (g) Words and expressions used herein and not defined but defined in the Code or the Act shall have the meanings respectively assigned to them in the Code or the Act.
CHAPTER II
ESTABLISHMENT OF SPECIAL COURTS
3. Establishment of Special Courts:- (1) The State Government shall, for the purpose of speedy trial of offence, by notification, establish as many Courts as considered adequate to be called Special Courts.
(2) A Special Court shall be presided over by a Judge to be nominated by the State Government with the concurrence of the Uttarakhand High Court at Nainital
(3) No person shall be qualified for nomination as a Judge of a Special Court unless he is a member of Uttarakhand Higher Judicial Service and is or has been a Sessions Judge/Additional Sessions Judge in the State.
4. Cognizance of cases by Special Courts:- A Special Court shall take cognizance of and try such cases as are instituted before it or transferred to it under section 10.
5. Declaration of cases to Be dealt with under This Act:- (1) If the State Government is of the opinion that there is prima-facie evidence of the commission of an offence alleged to have been committed by a person, who has held or is holding public and is or has been public servant within the meaning of clause (c) of section 2 of the Prevention of Corruption Act, 1988 in the State of Uttarakhand, the State Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion.
(2) Such declaration shall not be called in question in any Court.