THE KARNATAKA KRISHNA BASIN DEVELOPMENT AUTHORITY ACT, 1992
Chapter VII SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
Chapter VII SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
31. Constitution of Special Courts
(1) The State Government may by notification in the Official Gazette constitute one or more Special Courts for such area in Krishna Basin or any part thereof as may be specified in the notification for the purpose of adjudication of scheduled disputes arising in relation to function of the Authority and trial of scheduled offences committed in the Krishna Basin. (2) A Special Court shall consist of a single judge as the State Government may deem fit to appoint. (3) A person shall not be qualified for appointment as a judge of the Special Court unless he is or has been a Civil Judge. (4) Where two or more Special Courts are constituted for Krishna Basin the State
- (2) A Special Court shall consist of a single judge as the State Government may deem fit to appoint.
- (3) A person shall not be qualified for appointment as a judge of the Special Court unless he is or has been a Civil Judge.
- (4) Where two or more Special Courts are constituted for Krishna Basin the State
Chapter VII SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
32. Government may by general or special order regulate the distribution of work among them.
Jurisdiction of Special Courts.- (1) Notwithstanding anything contained in the Code or any other law, the Special Court shall have the following jurisdiction:-
- (a) to adjudicate the scheduled disputes including references under section 18 and section 30 of the Land Acquisition Act, 1894 read with section 27 of this Act, specified in Schedule-I; and
- (b) to try the scheduled offences specified in Schedule-II.
- (2) When trying any scheduled offence a Special Court may also try any offence other than the scheduled offence with which the accused may under the Code, be charged at the same trial if the offence is connected with the scheduled offence.
Chapter VII SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
33. Procedure and powers of Special Courts
(1) Every scheduled offence shall be cognisable and bailable.
- (2) In trying scheduled offences, the Special Court shall follow the procedure prescribed for summary trials under Chapter XXI of Code of the Criminal Procedure, 1973.
- (3) In adjudicating the scheduled disputes, the Special Court shall follow the procedure prescribed for trial of small cause suits under Chapter XXXVII of the Code of Civil Procedure, 1908.
- (4) In respect of land acquisition references, the Court shall follow the procedure prescribed under Part-III of the Land Acquisition Act, 1894.
- (5) The Special Court shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying scheduled disputes. All the powers of the Criminal court under the Code of Criminal Procedure, 1973 while trying scheduled offences and all the powers of Court under the land Acquisition Act, 1894 while trying references under sections 18 and 30 of the Land Acquisition Act, 1894.
- (6) Every decree or order made by the Special Court may be enforced by it in the same manner as if it were a decree or order made by a Civil Court and for this purpose
the provisions of sections 51 to 74 of the Civil Procedure Code, 1908 shall apply to all proceedings before the Special Court.
- (7) Every award passed by the special Court may be enforced by it in any manner as if it were an award made by a Court under the Land Acquisition Act, 1894, and for this purpose the provisions of Part V of the Land Acquisition Act, 1894 shall apply to all proceedings before the Special Court.
- (8) All sentences passed by the Special Court upon trial of scheduled offences shall
be forwarded to the nearest Magistrate of the First Class, who shall proceed to execute it as if it were an order passed by himself.
- (9) All proceedings before a Special Court shall be deemed to be judicial proceedings.
Chapter VII SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
34. Revision
(1) The District and Sessions Judge having jurisdiction over the area of the jurisdiction of Special Court, may at any time call for and examine any order passed or proceeding taken by a Special Court under this Act for the purpose of satisfying himself as to the legality or correctness of such order or proceeding and ,may pass such order in reference thereto as he thinks fit. The order of the District Judge shall be final. (2) The provisions of the Indian Limitation Act, 1908 shall be applicable to the filling of any application for revision under this section.
- (2) The provisions of the Indian Limitation Act, 1908 shall be applicable to the filling of any application for revision under this section.
Chapter VII SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
35. Bar of jurisdiction
(1) No Civil Court shall have jurisdiction to settle decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Special Court. (2) Except to the extent provided in section 32, no order of the Special Court made under this Act shall be questioned in any Civil or Criminal Court.
- (2) Except to the extent provided in section 32, no order of the Special Court made under this Act shall be questioned in any Civil or Criminal Court.
Chapter VII SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
36. Appointment of Special Government pleader-cum-Public prosecutor
For every Special Court the State Government shall by notification in the Official Gazette appoint a Special Government Pleader-cum-Public Prosecutor for the purpose of conducting cases in that Court.
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