Insertion of new section 12A in Guj. 11 of 2020

In the principal Act, after section 12, the following section shall be inserted, namely:- “12A.

1. (1) Any person aggrieved by a final judgment and order made by the Special Court under this Act may prefer an appeal against such order to the High Court.
2. (2) A separate appeal shall lie from the judgment and the order made by the Special Court in the civil proceedings or the criminal proceedings respectively under this Act to the High Court.
3. (3) Every such appeal shall be preferred within thirty days from the date on which the impugned judgment or order was made and the period of thirty days shall be reckoned from the respective date of judgment and order passed in each of the proceedings: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, permit the appellant to prefer the appeal within a further period of sixty days. (4)
   • (i) In deciding appeal from the judgment and order of the Special Court in civil proceedings, the High Court shall exercise all the powers which a civil court has and follow the same procedure which a civil court follows in deciding appeal against the decree of an original court under the Code of Civil Procedure, 1908.
   • (ii) In deciding appeal from the judgment and order of the Special Court determining any criminal liability under this Act in criminal proceedings, the High Court may exercise, so far as may be applicable, all the powers conferred by the Chapter XXIX of the Code of Criminal Procedure, 1973 as if the Special Court was a Court of Sessions trying cases within the local limits of the jurisdiction of the High Court.
4. (5) On receipt of any such appeal, the High Court shall, after giving the parties to the appeal a reasonable opportunity of being heard, make such order, as it may think fit, confirming, modifying or reversing the order appealed against or remanding the case back with such direction as it may think fit for a fresh order after taking additional evidence, if necessary.”.