The Jharkhand Special Court Act, 2016

झारख ड गजट

असाधारण अंक

झारख ड सरकार वारा का शत

13 अ हायण, 1939 (श०) सं या- 934 राँची, सोमवार,

4 दस बर, 2017 (ई०)

व ध ( वधान) वभाग

-------अ धसचनाू 14 नव बर, 2017

सं या-एल०जी०-10/2015-123/लेज०-- झारखंड वधान मंडल का न न ल खत अ ध नयम िजस पर रा प त दनांक 27 सत बर, 2017 को अनुम त दे चक ु है, इसके वारा सव साधारण क सूचना के लए का शत कया जाता है ।

वषय-सूची

तावना। धाराएँ।

(1) This Act shall be called the Jharkhand Special Courts Act, 2016. (2) It shall extend to the whole of the State of Jharkhand. (3) It shall come into force at once.

In this Act, unless the context otherwise requires:- (a) ‘Act’ means Prevention of Corruption Act, 1988. (b) "authorized officer” means any serving officer belonging to Jharkhand Superior Judicial Service and who is or has been Sessions 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 Section-13(1)(e) of the Act (49 of 1988) either independently or in combination with any other provision of the Act (49 of 1988) or any of the provision of Indian Penal code (1860). (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.

(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 Jharkhand High Court. (3) No person shall be qualified for nomination as a Judge of a Special Court unless he is a member of Jharkhand Superior Judicial Service and is or has been a Sessions Judge/Additional Sessions Judge in the State.

विशेष न्यायालय ऐसे मामलों का संज्ञान लेगा और उनका विचारण करेगा जो उसके समक्ष संस्थित किया जाए या धारा-10 के अधीन उसे अंतरित किया जाए।

(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 office and is or has been public servant within the meaning of section 2(c) of the Prevention of Corruption Act, 1988 in the State of Jharkhand, 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.

(1) On such declaration being made, notwithstanding anything in the Code or any other law for the time being in force, any prosecution in respect of the offence shall be instituted only in 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 there to are pending in a Court other than Special Court under this Act, such proceedings shall, notwithstanding anything contained in any other law for the time being in force, stand transferred to Special Court for trial of the offence in accordance with this Act.

A Special Court shall have jurisdiction to try any person alleged to have committed the offence in respect of which a declaration has been made under section 5, either as principal, conspirator or abettor and all of them can be jointly tried there with 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 Prevention of Corruption Act, 1988(49 of 1988) 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 persons conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor. (3) A Special Court may pass, upon any person convicted by it, any sentence authorized by law for the punishment of the offence of which such person is convicted.

(1) Notwithstanding anything in the Code, an appeal shall lie from any judgment and sentence of a Special Court to the High Court of Jharkhand both on facts and law. (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 period.

(1) A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests 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 institutions or transfer, as the case may be.

विशेष न्यायालय में पीठासीन होने के लिए धारा-3 के अधीन नियुक्त कोई न्यायाधीश अपने पूर्ववर्ती या पूर्ववर्तियों द्वारा अथवा अपने पूर्ववर्ती या पूर्ववर्तियों द्वारा आंशिक रूप से तथा आंशिक रूप से अपने द्वारा अभिलिखित साक्ष्य के आधार पर कार्यवाही कर सकेगा ।

(1) Where the State Government, on the basis of prima-facie evidence, have reasons to believe that any person, who has held or is holding public office and is or has been a public servant, has committed the 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 authorized 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.

(1) Upon receipt of an application made under section 13 of this Act, the authorized officer shall serve a notice upon the person in respect of whom the application is made (hereafter referred to as the person affected) 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. (2) Where a notice under sub-section (1) to any person specifies 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. (3) Notwithstanding anything contained in sub-section (1), the evidence, information and particulars brought on record before the authorized officer, by the person affected or the State Government shall be open to be rebutted 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) धारा-14 के अधीन जारX कारण पृuछा नो)टस के Gप:टXकरण, य)द कोई हो, तथा उसके समI उपल^ध साम ी पर 4वचार करने के बाद और भा4वत fयिUत (तथा य)द भावी fयिUत नो)टस म> 4व6न)दA:ट कोई धन या स+पि\त Dकसी अNय fयिUत के माbयम से धारण करता हो तो ऐसा अNय fयिUत को भी) सुनवाई का युिUतयुUत अवसर दान करने के बाद, ा1धकृत पदा1धकारX, आदेश वारा, अपना 6न:कषA अ भ ल7खत करेगा Dक Uया iनगत सभी या कोई अNय धन या स+पि\त 4व1ध 4व€W ढंग से अिजAत कB गई है । (2) जहाँ ा1धकृत पदा1धकारX यह 4व6न)दA:ट करता हो Dक कारण-पृuछा नो)टस म> 6न)दA:ट धन या स+पि\त या दोनO अपराध के माbयम से अिजAत Dकए गए हh, DकNतु ऐसे धन या स+पि\त को 4व6न)दA:टतः 1चि नत करने म> समथA न होता हो वहाँ ा1धकृत पदा1धकारX वारा यह 4व6न)दA:ट करना 4व1धपूणA होगा Dक, उसकB सवr\तम 4ववेक बु4W के अनुसार, वह धन या स+पि\ت या दोनO अपराध के माbयम से अिजAत Dकए गए हh और उप-धारा (1) के अधीन तदनुसार 6न:कषA अ भ ल7खत करेगा। (3) जहाँ, ा1धकृत पदा1धकारX इस धारा के अधीन इस आशय का 6न:कषA अ भ ल7खत करता हो Dक कोई धन या स+पि\त या दोनO अपराध के माbयम से अिजAत Dकया गया है वहाँ वह घो4षत करेगा Dक ऐसा धन या स+पि\त या दोनO, इस अ1ध6नयम के उपबंधO के अbयधीन, सभी ऋणभार से मुUत राeय सरकार को अ1ध\त माने जाय>गे, (4) जहाँ इस अ1ध6नयम के अधीन, Dकसी क+पनी का कोई शेयर राeय सरकार को अ1ध\त Dकया जाता हो वहाँ, क+पनी अ1ध6नयम, 2013 (2013 का 18) म> अथवा क+पनी के संगम अनुuछेदO म> Dकसी बात के अNत4वA:ट होते हुए भी, क+पनी तुरत ऐसे शेयर का अंतMरती के Vप म> राeय सरकार को रिजGटर म> दजA करेगी। (5) इस अbयाय के अधीन धन या संपि\त या दोनO का अ1धहरण (ज^ती) कB हरेक कायAवाहX का 6न:पादन धारा-14 कB उप-धारा (1) के अधीन नो)टस ता मल Dकये जाने कB तारXख से छह माह कB अव1ध के अNतगAत कर )दया जायगा। (6) इस धारा के अधीन पाMरत अ1धहरण का आदेश, धारा-17 के अधीन अपील, य)द कोई हो, म> पाMरत आदेश के अbयधीन, अं6तम होगा और Dकसी 4व1ध Nयायालय म> iनगत नहXं Dकया जायगा।

Where, after the issue of a notice under section 14, any money or property or both referred to in the said notice are transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Act, be void and if such money or property or both are subsequently confiscated to the State Government under section 15, then, the transfer of such money or property or both shall be deemed to be null and void.

(1) Any person aggrieved by any order of the authorized 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) Upon any appeal preferred under this section the High Court may, after giving such parties, as it thinks proper, an opportunity of being heard, 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 prescribed period of disposal of appeal.

(1) Where any money or property or both have been confiscated to the State Government under this Act, the concerned authorized officer 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 concerned authorized officer or to any person duly authorized by him in this behalf, within 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 to be specified 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 authorized 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 authorized 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 bounden duty of such officer to comply with such requisition.

Where an order of confiscation made under section 15 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 rate of five percent per annum thereon calculated from the date of confiscation.

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 the description so mentioned.

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.

Save as provided in sections 9 and 17 and not withstanding 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 confiscated under section 15.

No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.

The State Government may, by notification, make such rules, if any, as it may deem necessary for carrying out the purposes of this Act.

Every notification made under sub-section (1) of section 3 and every declaration made under sub-section(1) of section 5 shall be laid, as soon as may be, after they are made, before the State Legislature.

Notwithstanding anything in the Prevention of Corruption Act, 1988 and the Criminal Law Amendment Ordinance, 1944 or any other law for the time being in force, the provisions of this Act shall prevail in case of any inconsistency.