The Chhattisgarh Special Courts Act, 2016

(1) This Act may be called the Chhattisgarh Special Courts Act, 2016. (2) It extends to the whole of the State of Chhattisgarh. (3) It shall come into force from the date of its publication in the Official Gazette.

In this Act, unless the context otherwise requires,— (a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); (b) "Government" means the Government of the State of Chhattisgarh; (c) "Special Court" means a Special Court constituted under Section 3; (d) "Public Prosecutor" means a Public Prosecutor as defined in the Code; (e) Words and expressions used and not defined in this Act but defined in the Code, the Prevention of Corruption Act, 1988 (49 of 1988) or the Chhattisgarh Vishesh Jansuvidha Adhiniyam, 1999 (No. 15 of 1999) shall have the meanings respectively assigned to them in those enactments. In this Act, unless the context otherwise requires.- (a) "Act" means the Prevention of Corruption Act, 1988 (No. 49 of 1988); (b) "Authorised Officef" 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" means a Special Court established under Section 3 of this Act. (2) Words and expressions 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).

(1) The State Government may, for the purpose of providing speedy trial of such offences as may be notified by the State Government, by notification in the Official Gazette, constitute as many Special Courts as it may consider necessary, and shall specify the local limits of the jurisdiction of such Special Court. (2) A Special Court shall be presided over by a Judge to be appointed by the State Government, with the concurrence of the Chief Justice of the High Court. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is or has been a Sessions Judge or an Additional Sessions Judge. (1) The State Government by notification, shall establish, for the purpose of speedy trial of offences under this Act, as many courts as may be necessary to be called as Special Courts. (2) Special Court shall be presided over by a Judge to be nominated by the State Government with the concurrence of the High Court. (3) No person shall be qualified for nomination as a Judge of a Special Court unless he is a member of the Chhattisgarh Higher Judicial Service.

(1) Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Court may take cognizance of an offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts. (2) Where the Special Court is of the opinion that the case is not triable by it, it may, after recording its reasons, transfer the case to the court competent to try such offence. Special Court shall take cognizance of and try such cases as are instituted before it or transferred to it under Section 10.

(1) A Special Court may take cognizance of an offence without the accused being committed to it, and in trying the accused person, shall follow the procedure prescribed in the Code for the trial of warrant cases by Magistrates. (2) A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof. (1) When the State Government, on the basis of prima-facie evidence made available to it by the investigation agency, have reason to believe that an offence has been committed by a person, who held or is holding public office and is or has been a public servant within the meaning of clause (c) of Section 2 of the Prevention of Corruption Act, 1988 (No. 49 of 1988) in the State of Chhattisgarh, the State Government shall make a declaration to that effect in every case in which it is of the aforesaid belief. (2) Such declaration shall not be called in question in any Court of Law.

(1) Notwithstanding anything contained in the Code or any other law for the time being in force, on such declaration being made under Section 5, any prosecution in respect of such offence shall be instituted only before a Special Court. (2) Where any declaration made under Section 5 relates to an offence in respect of which a prosecution has already been instituted and the proceedings in relation thereto are pending in a Court other than Special Court under this Act, such proceedings, notwithstanding anything contained in any other law for the time being in force, shall stand transferred to the Special Court established under this Act for trial of the offence in accordance with the provisions herein contained. (3) On such declaration being made by the State Government, the property specified in such declaration shall be seized or attached, as the case may be, by the investigation agency under Section 13 of this Act.

A Special Court shall have jurisdiction to try offence alleged to have been committed by any person in respect of whom a declaration has been made under Section 5, either as principal, conspirator or abettor and all of them can be jointly tried therewith at one trial in accordance with the Code.

(1) A Special Court shall, in the trial of such cases, follow the procedure prescribed by the Code for the trial of warrant cases before a Magistrate. (2) Save as expressly provided in this Act, the provisions of the Code and of the Act shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court and for the purpose of the said provisions, the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor. (3) A Special Court may pass, upon conviction of any person by it, any sentence authorized by law for the punishment of the offence of which such person is convicted.

(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment and sentence of a Special Court to the High Court. (2) Except as aforesaid, no appeal or revision shall lie in any court from any judgment, sentence or order of a Special Court. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment and sentence of a Special Court : Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons to be recorded in writing that the appellant had sufficient cause for not preferring the appeal within the said period. (1) Save as expressly provided in this Act, the provisions of the Code and of the Act shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court and for the purpose of the said provisions, the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor. (2) A Special Court may pass, upon conviction of any person by it, any sentence authorized by law for the punishment of the offence of which such person is convicted. (3) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment and sentence of a Special Court to the High Court. (4) Except as aforesaid, no appeal or revision shall lie in any court from any judgment, sentence or order of a Special Court. (5) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment and sentence of a Special Court : Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons to be recorded in writing that the appellant had sufficient cause for not preferring the appeal within the said period.

Notwithstanding any other provisions of this Act, the High Court may transfer cases from one Special Court to another. A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice and for reasons to be recorded in writing.

(1) A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice and for reasons to be recorded in writing. (2) The Special Court shall endeavour to dispose of the trial of the case within a period of one year from the date of its institution or transfer.

(1) Where any investigation agency is conducting an inquiry or investigation under clause (e) of sub-section (1) of Section 13 of the Prevention of Corruption Act, 1988 (No. 49 of 1988) and has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, an officer not below the rank of Deputy Superintendent of police of such agency may make an order for seizing such property and where it is not practical to seize such property, such officer may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the Special Court, within a period of thirty days of its being made. Notwithstanding any other provisions of this Act, the High Court may transfer cases from one Special Court to another

(1) Any transfer of properties, which are subject to proceedings under this Act, made by the holder of such property, shall be null and void unless the transfer is made in good faith and for consideration. (2) If the property is transferred in contravention of the provisions of sub-section (1), such transfer shall be deemed to be void and the property shall be liable to be confiscated. A Judge of a Special Court may act on the evidence recorded by his predecessor or predecessors or partly recorded by his predecessor or predecessors and partly recorded by himself.

The State Government may appoint an officer as Administrator for the management and disposal of the properties seized or confiscated under this Act, and such Administrator shall act in accordance with the rules made under this Act. Where after the making of an order under Section 13 or the issue of a notice under Section 17 of this Act, any property referred to in the said order or notice, is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently confiscated to the State Government under Section 18 then the transfer of such property shall be deemed to be void ab initio.

(1) Any person convicted by a Special Court may appeal to the High Court within thirty days from the date of the order, if the case is of serious nature as defined under the Act. (2) An appeal under sub-section (1) shall be heard by a Division Bench of the High Court. (3) The High Court may, at any stage, call for the records of any proceedings and pass such orders as it deems fit. (1) The Designated Court may, on an application of the State Government, order the confiscation of any property, which is found to have been acquired through proceeds of crime, in such manner as may be prescribed. (2) The Designated Court may, while passing an order under sub-section (1),- (a) direct the person to surrender the property within a period specified in the order; (b) authorize the Authorised Officer to take possession of the property and, for this purpose, take such assistance as may be required, including police assistance. (3) Before passing any order under sub-section (1), the Designated Court shall give an opportunity of being heard to the person affected, and if such person is not traceable, the order may be passed ex-parte after such notice as may be prescribed. (1) The Special Court may appoint the District Magistrate of the area where the property is situated, or any other officer who may be nominated by the District Magistrate, to perform the functions of an administrator of such property. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made in such manner and subject to such conditions as may be specified by General or special order issued by the State Government. (3) The Administrator shall also take such measures, as the State Government may direct, to dispose of the property, which is confiscated to the State Government under Section 18 of this Act : Provided that any person other than the accused if in possession of the property may be permitted to occupy it for the limited period as provided under proviso to sub-section (1) of Section 20 of this Act.

(1) The High Court shall have the powers of revision and appellate jurisdiction over the Special Courts as specified under the Code. (2) The High Court may issue such directions as it considers necessary for the efficient functioning of the Special Courts. (1) Where the Authorised Officer has reasons to believe that any property is subject to confiscation under this Act, he shall serve a notice upon the person concerned to show cause why such property should not be confiscated. (2) The notice under sub-section (1) shall specify the grounds on which the property is proposed to be confiscated and shall require the person concerned to file a reply within such period as may be prescribed. (3) On receipt of the reply, if any, the Authorised Officer shall, after giving an opportunity of hearing, pass such order as he deems fit, and if the property is ordered to be confiscated, the same shall be reported to the Designated Court. (4) Any person aggrieved by the order of the Authorised Officer may prefer an appeal to the Designated Court within 30 days from the date of the order; provided that the Designated Court may entertain the appeal after the expiry of the period of 30 days if it is satisfied that there was sufficient cause for the delay. (1) Where the State Government, on the basis of prima facie evidence, have reasons to believe that any person, who held or is holding public office and is or has been a public servant, has committed an offence, the State Government may, whether or not the Special Court has taken cognizance of the offence, authorize the Public prosecutor for making an application to the Authorised Officer for confiscation under this Act of the money and other property, which the State Government believe the said person to have procured by means of the offence. (2) An application under sub-section (1)- (a) shall be accompanied by one or more affidavits, stating the grounds on which the belief, that the said person has committed the offence, is founded and the amount of money and estimated value of other property believed to have been procured by means of the offence; and (b) shall also contain any information available as to the location for the time being of any such money and other property, and shall, if necessary, give other particulars considered relevant to the context. (3) Upon receipt of an application made under Section 16, the Authorised Officer shall serve a notice upon the person in respect of whom the application is made calling upon him within such time as may be specified in the notice, which shall not be ordinarily less than thirty days to indicate the source of his income, earnings or assets, out of which or by means of which he has acquired such money or property, the evidence on which he relies and other relevant information and particulars, and to show cause as to why all or any of such money or property or both, should not be declared to have been acquired by means of the offence and be confiscated to the State Government. (4) Where a notice, under sub-section (1) to any person, specified any money or property or both as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. (5) Notwithstanding any thing contained in sub-section (1), the evidence, information and particulars brought on record before the Authorised Officer, by the person affected or the State Government shall be open to rebuttal in the trial before the Special Court : Provided that such rebuttal shall be confined to the trial for determination and adjudication of guilt of the offender by the Special Court under this Act.

(1) Where the Authorized Officer has reason to believe that a property is liable to be confiscated, he may, pending the proceedings, pass such orders as he deems fit for the management and protection of such property. (2) If the person concerned refuses to surrender the property, the Authorized Officer may take such steps, including force, as may be necessary for taking possession of the same. (3) In case the property consists of perishable goods or amounts to a situation where the value of the property is likely to depreciate, the Authorized Officer may, after recording reasons, dispose of the property and the proceeds shall be deposited as directed by the Designated Court. None (1) The Authorised Officer may, after considering the explanation, if any, to the show cause notice issued under Section 17 and the materials available before him, and after giving to the person affected (and in case where the person affected holds any money or property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any other money or properties in question have been acquired illegally. (2) Where the Authorised Officer specifies that some of the money or property or both referred to in the show cause notice are acquired by means of the offence, but is not able to identify specifically such money or property, then it shall be lawful for the Authorised Officer to specify the money or property or both which to the best of his judgment, have been acquired by means of the offence and record a finding accordingly under sub-section (1). (3) Where the Authorised Officer records a finding under this section to the effect that any money or property or both have been acquired by means of the offence, he shall declare that such money or property or both shall, subject to the provisions of this Act, stand confiscated to the State Government free from all encumbrances : Provided that if the market price of the property confiscated is deposited with the Authorised Officer, the property shall not be confiscated. (4) Where any share in a Company or any other entity stands confiscated to the State Government under this Act, then, the Company shall, notwithstanding anything contained in the Companies Act, 2013 (No. 18 of 2013), or the Articles of Association of the Company or such entity, forthwith register the State Government as the transferee of such share. (5) Every proceeding for confiscation of money or property or both under this Chapter shall be disposed of within a period of six months from the date of service of the notice under sub section (1) of Section 17. (6) The order for confiscation passed under this section shall, subject to the order passed in appeal, if any, under Section 19 be final and shall not be called in question in any Court of law. (1) Where a notice, under sub-section (1) to any person, specified any money or property or both as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. (2) Notwithstanding anything contained in sub-section (1), the evidence, information and particulars brought on record before the Authorised Officer, by the person affected or the State Government shall be open to rebuttal in the trial before the Special Court : Provided that such rebuttal shall be confined to the trial for determination and adjudication of guilt of the offender by the Special Court under this Act. (3) The Authorised Officer may, after considering the explanation, if any, to the show cause notice issued under Section 17 and the materials available before him, and after giving to the person affected (and in case where the person affected holds any money or property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any other money or properties in question have been acquired illegally. (4) Where the Authorised Officer specifies that some of the money or property or both referred to in the show cause notice are acquired by means of the offence, but is not able to identify specifically such money or property, then it shall be lawful for the Authorised Officer to specify the money or property or both which to the best of his judgment, have been acquired by means of the offence and record a finding accordingly under sub-section (3). (5) Where the Authorised Officer records a finding under this section to the effect that any money or property or both have been acquired by means of the offence, he shall declare that such money or property or both shall, subject to the provisions of this Act, stand confiscated to the State Government free from all encumbrances : Provided that if the market price of the property confiscated is deposited with the Authorised Officer, the property shall not be confiscated. (6) Where any share in a Company or any other entity stands confiscated to the State Government under this Act, then, the Company shall, notwithstanding anything contained in the Companies Act, 2013 (No. 18 of 2013), or the Articles of Association of the Company or such entity, forthwith register the State Government as the transferee of such share. (7) Every proceeding for confiscation of money or property or both under this Chapter shall be disposed of within a period of six months from the date of service of the notice under sub section (1) of Section 17. (8) The order for confiscation passed under this section shall, subject to the order passed in appeal, if any, under Section 19 be final and shall not be called in question in any Court of law.

(1) Any person aggrieved by any order of the Authorised Officer under this Chapter may appeal to the High Court within thirty days from the date on which the order appealed against was passed. (2) High Court, on receiving an appeal under this Section and after giving opportunity of being heard to such parties as it thinks proper, may pass such order as it thinks fit. (3) An appeal preferred under sub-section (1) shall be disposed of preferably within a period of six months from the date it is preferred and stay order, if any, passed in an appeal shall not remain in force beyond the said prescribed period of disposal of appeal.

(1) The Authorised Officer shall, upon the order of confiscation, take physical possession of the property and may use such force as may be necessary. (2) The expenses incurred in taking possession of the property shall be recovered from the person concerned as arrears of land revenue. None (1) Where any money or property or both have been confiscated to the State Government under this Act, the Authorised Officer concerned shall order the person affected, as well as any other person, who may be in possession of the money or property or both to surrender or deliver possession thereof to the Authorised Officer concerned or to any person duly authorised by him in this behalf, within a period of thirty days of the service of the order : Provided that the Authorized Officer, on an application made in that behalf and being satisfied that the person affected is residing in the property in question, may instead of dispossessing him immediately from the same, permit such person to occupy it for a limited period not exceeding four months on payment of market rent to the State Government and thereafter, such person shall deliver the vacant possession of the property. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Authorised Officer may take possession of the property and may, for that purpose, use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Authorised Officer may, for the purpose of taking possession of any money or property or both referred to in sub-section (1), requisition the service of any Police Officer to assist and it shall be the mandatory duty of such officer to comply with such requisition.

Where the order of confiscation is set aside by the Designated Court or any higher court, the property or the money, as the case may be, shall be restored to the person from whom it was seized or confiscated, within a period of 30 days of the order. None Where an order of confiscation made under Section 18 is modified or annulled by the High Court in appeal or where the person affected is acquitted by the Special Court, the money or property or both shall be returned to the person affected and in case it is not possible for any reason to return the property, such person shall be paid the price thereof including the money so confiscated with the interest at the Repo rate of Reserve Bank of India per annum thereon calculated from the date of confiscation.

None No notice issued or served, no declaration made and no order passed, under this Act shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein, if such property or person is identifiable from such description so mentioned.

None The provisions of this Act shall be in addition to, and not in derogation of any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this Act, be instituted against him.

None Save as provided in Section 9 and 19 and notwithstanding anything contained in any other law, no suit or other legal proceedings shall be maintainable in any Court in respect of any money or property or both ordered to be seized or attached under Section 13 and confiscated under Section 18.

None (1) No suit, prosecution or other legal proceedings shall lie against any person for anything done in good faith or intended to be done in pursuance of this Act. (2) The State Government may, by notification, make such rules, if any, as it may deem necessary for carrying out the purposes of this Act. (3) Every rule made under sub-section (1) shall be laid before the State Legislative Assembly.

1. (1) The State Government may, by notification, make such rules, if any, as it may deem necessary for carrying out the purposes of this Act. (2) Every rule made under sub-section (1) shall be laid before the State Legislative Assembly.

(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. (2) Nothing contained in this Act shall affect the provisions of the Prevention of Corruption Act, 1988 (No. 49 of 1988) or any other law which provides for more stringent punishment for any of the offences covered under this Act. None

None If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty : Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.