section 4
Hyderabad".
The Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Act, 1987Amendment of section 7 m section 7 of the principal Act,-
- (i) in sub-section (I), for the words "as many Special Courts as may bc neccssary for such area or areas as may be specified in the notification", the ivords "a Special Court" shall be substituted;
- (ii) in sub-section (2), for the words "not more t: ban two other members", the words "four other n iernbers" shall be substituted;
- (iii) for sub-section (31, the following sub-section s- ball be substituted namely :- "(3) The Chairm~n shall be a person who a Chicf Justice of a High Court or a Judge of the Sq9reme Court and of thc other four members, two :<hlll be pzrsons who are or have been judges of a !High Court (hereinafier referred to as Judicial Mem- 'hers) alid the other two ~nembers shall be persons I~J~LO are or have been inembers of the Indian Admini- ,strative Service holding or havc held a post not beIow .the rank of Secretary to Government with special 'knowledge or experience in revenuc rnitters (herein- .nrter referred to as Revenue Members): Provided that the appointnlont of a person who was a C!lief Justice of a High Court as the Chairman or a J~~de-e of a High Court as a alcmbzr of the Spe- ciai Cowt sllall be made after consultat ion witb the Chief Justice cf the High Court concerned : Provided further that where a sitting Judge of a High Court is to be appointed as a member, such appointment shall be made after nomination by the
Chief Justice of the High Court concerned, with he
concurrence of the Chief 3ustice of India.
- (iv) in sub-section f4), for the words "any Special Court", . the words "the Special Court" shall be substituted; {v) after sub-section (4), the following sub- sections shall be inserted, namely :- "(?A) The Chairman or other member shaU hold officeq such for a term of two years from the date on r,vhicIl he enters upon his oB?ce, or until the Special Court is reconstituted or abolished undzr sub-section (4), whichever is earlier. (4%)
- (a) Subject to the other provisions 01 this Act, the jurisdiction, powers and authority of the Special Court may be exercised by benches thereof one comprising of the Chairman, a judicial membe; and a Revenue member and the other comprising of a judicial Member and a Revenue Member.
- (b) Where the bench comprises of the Chairman, hc shall be thc Presiding Officer of such a bench and where the bench consisls of two members, the Judicial member shall be the Presiding Officer.
- (c) It shall be competent for the Chairman either silo motu or an a reference made to him to withdraw any case pending before the bench cornpris- ing of two members and dispose of the same or to transfer any case from one bench to another bench in i.1~ illlerest of justice.
- (d) Where it is reasonably apprehended that ihe trial of civil liability of a person accused af an oftence under this Act, is Iikcly to take considerable timc, it shall bz competent for the Chairman to entrust the trial of the criminal liability of such ofTen- der to anotlier bench in tlie interest of speedy disposal of the case. (ej Where a case under this Act is heard by a bench consisting of two members aud the rueol- bers thereof are divided in:,opinion, the case with
their opinions shall be laid ibefore another judiciaI
member or the Chairman and that member or Chair-
man, as he case may be after such hearing as he
thinks fit, shall deliver his opinion and the decision or order shaII follow that opinion."
- (vi) for sub-section (5), the following sub- sections slzall be substituted, nainely :-- "(5) The quorun1 to constitute a meeting of any bench of the Special Court shaU be two. (5A) The special Court may, by no~ifimtiou, make regulations not inconsistent with the provisior~s of this Act or the rules made thereunder relating 10 the procedure to bc followed for the conduct of the cases and for regulating the manner of taking deci- sions. (5B) The Special Corirt mxy cause a public notice of tlze substance of such regulations for the jnforrnalioll of the general public. (5C) Every rzguIation made under this section shall, ji~lrnediately after it is made, be laid before the Legislative Assennbly of thc State if it is in session and if it is not iu scssion, in the session in~rnediately following for a tokal period of fourteen days which lilap be comprised in one session or in two successive sessions and if before the expiration of the session in which it is io laid or the ses& immediately foilow- ing the Legislative Assembly agrees in making any modifications in the regulation or in the annulment of the regulation, the regulation shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. (5D)
- (i) No trvithstanding a~lyi hing in the central AC~ Code of Civil Procedure, 1908, the Special Court may follow its own procedure whicli shall not be inconsis- tent with the- principles of natural justice and fair play and subject to the other provisions of this Act and of any ruIes made thereunder while deciding the Civil liability.
- (ii) Notwithstanding any thing contained in finmt~~t section 260 or section 262 of the Code of CrinlinaI 2 011974. Procedure, 1973, every offence punishable under this Act shall be tried in a summary way and the provi- sions of section 263 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial.
- (iii) When a person is convicted of an
offence of land grabbing attended by criminal force
or show of force or by criminal intimidation, and it appears to the Special Court that, by such force or show of force or intimidation the land of any person has been grabbed, the Special Court may if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the pro- perty."., (vii) in sub-section (6), for the words "any
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