The Orissa Special Courts Act, 2006

Preamble

THE ORISSA SPECIAL COURTS ACT, 2006 TABLE OF CONTENTS PREAMBLE SECTIONS CHAPTER I PRELIMINARY 1. Short title and extent. 2. Definitions. CHAPTER II ESTABLISHMENT OF SPECIAL COURTS 3. Establishment of Special Courts. 4. Cognizance of cases by Special Courts. 5. Declaration of cases to be dealt with under this Act. 6. Effect of declaration. 7. Jurisdiction of Special Courts as to trial of offences. 8. Procedure and powers of Special Courts. 9. Appeal against orders of Special Courts. 10. Transfer of cases. 11. Special Court not bound to adjourn a trial. 12. Presiding Judge may act an evidence recorded by his predecessor. natur's. Offer de CHAPTER III CONFISCATION OF PROPERTY 13. Application for confiscation. 14. Notice for confiscation. 15. Confiscation of property in certain cases. 16. Transfer to be null and void. 17. Appeal. 18. Power to take possession. 19. Refund of confiscated money or property. CHAPTER IV MISCELLANEOUS 20. Notice or order not to be invalid for error in description. 21. Act to be in addition to any other law. 22. Bar to other proceedings. 23. Protection of action taken in good faith. 24. Power to make rules. 25. Notifications under section 3 and declarations under section 5 to be laid. 26. Overriding effect. The Orissa Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1948, CUTTACK, MONDAY, OCTOBER 15, 2007 / ASWINA 23, 1929 LAW DEPARTMENT NOTIFICATION The 15th October 2007 No. 11814/Legis-The following Act of the Orissa Legislative Assembly having been assented to by the President on the 19th September, 2007 is hereby published for general information. ORISSA ACT 9 OF 2007 THE ORISSA SPECIAL COURTS ACT, 2006 AN ACT TO PROVIDE FOR THE CONSTITUTION OF SPECIAL COURTS FOR THE SPEEDY TRIAL OF CERTAIN CLASS OF OFFENCES AND FOR CONFISCATION OF THE PROPERTIES INVOLVED. WHEREAS corruption is perceived to be amongst the persons holding high political and public offices in the State of Orissa; AND WHEREAS investigations conducted by the agencies of the Government disclose prima-facie evidence, confirming existence of such corruptions; AND WHEREAS the Government have reasons to believe that large number of persons, who had held or are holding high political and public offices have accumulated vast property, disproportionate to their known sources of income by resorting to corrupt means; AND WHEREAS it is constitutional, legal and moral obligation of the State to prosecute persons involved in such corrupt practices; AND WHEREAS the existing courts of Special Judges cannot reasonably be expected to bring the trials, arising out of those prosecutions, to a speedy termination and it is imperative for the efficient functioning of a parliamentary democracy and the institutions created by or under the Constitution of India that the aforesaid offenders should be tried with utmost dispatch; AND WHEREAS it is necessary for the said purpose to establish Special Courts to be presided over by the persons who are or have been Sessions Judges and it is also expedient to make some procedural changes whereby avoidable delay in the final determination of the guilt or innocence, of the persons to be tried, is eliminated without interfering with the right to a fair trial. BE it enacted by the Legislature of State of Orissa in the Fifty- seventh Year of the Republic of India as follows :- CHAPTER I PRELIMINARY Short title and extent.

Sections

Type to filter. 23 sections.

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13. 14Notice for confiscation
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18. 19Refund of confiscated money or property
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