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(No. 8 of 2016)

CIIHATTISGARH SPECIAL COURTS ACT, 2OI5

SECTIONS

l. Short title, extent and commencement.

2. Defnitions. C}IAPTER^- II

ESTABLISHMENT OF SPECIAL COI]RTS

3. EstablishmentofspecialCourts.

4. Cognizance ofcases by Special Court.

5. Declaration of cases to be dealt with under this Act.

6. Effectofdeclaration.

7. Jurisdiction ofSpecial Court as to trial ofoffences.

8. Procedure and powers ofSpecial Court.

9. Appeal against orders ofSpecial Court.

10. Transfer of cases.

11. Speclial Court not bound to adjoum trial.

12. Presiding Judge may act on evidence recorded by his predecessor. CHAPTER-M

SEZ1JRE AND AT-IACHMENT OF PROPERTY

13" Seizure ard attachment.

14. Certain transfers to be null and void.

15. Managent ofproperties seized or confiscatod.

INDEX

PARTICULARS

CIIAPTER- I

PRELIMINARY

C}IAPTER- tV

CONFISCATION OF PROPERTY

16. Confiscationofprope4y. 1'7. Notice for confiscation.

11

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18. ConfiscAtion ofpropgrt), in ce{ain cases.

19. Appeal against the order offte Authorised Officer, 20- Power to tal€ possession.

21. Refuud ofoonfiscated money or pro. perty. CI{APTER. V

MISCELT"ANEOUS

D. Notice or order not b€ invalid for enorⁱⁿ description. X Act to be in additionto any other law

24, Bar to other'pmeedings.

25. Protec.tion ofaction t6ken in good fait!, X, Powerto make ru1es,

27, Owrriding effect.

28. Power to rcmove difficuhies.

12

CHHATTISGARH ACT

(No. 8 of 2016) CHI{ATTISGARH SPECIAL COURTS ACT, 2015 An Act to provide for the constitution of Special Courts for th€ Speedy trial of certain class ofoffences and forconfiscation ofthe properties acqiured by public servants using corrupt practices and forthe matters connected therewith and incidental thereto. Be it enacted by the Chhattisgarh Legislature in the Sixty-sixth Year of the Republic of India, as follows :-

(1)

Q)

(3)

(l) CHAPTER- I

PRELIMINARY

This Act may be called the Chhattisgarh Special Courts Act, 2015"

lt shall extend to the whole State ofChhattisgarh. It shall come into force from the date ofits publication in the Offrcial Gazette. ln lhis Act. unless the context otherwise requires.-

Sbort titl e,

€xtent^and

commencement.

Definitions.

(a)

o)

"Act" means the Prevention ofCorruption Act, 1988 [No. 49 of 1988);

"Authorised Officef'means for the purpose of Section 16 arld 17, Presiding Officer ofthe Special Court who shall not be below the rank of Session Judge orAdditional Session Judge;

"Code" means the Code of Criminal Procedure,1973⁽² of 197 4):

"Declaration" in relation to an offence means a declaration made by the State Govemment under Section 5 ofthis Act;

"lllegally Acquired Property"' means property found disproportionate to the public seruant's known source of income and shall include moyable and immovable property held by any other person on his behalf;

"Investigation Agency" means person authorised to investigate an offence under this Act and shall be same as provided under Section l7 ofthe Prevention ofthe CorruptionAct, 1988 ('l.,lo. 49 of 1988) or any other agency empowered by the State Govemment in this behalf;

"Offence" means an offence of criminal misconduct which atfacts application of clause (e) of sub-section (1) of Section 13 of the Prevention of Coruption Act, 1988 (No. 49 of 1988) either independently or in combination with other provisions ol said Act or offence under Indian Penal Code (45 of 1860) or any otherAct;

"Person affected" means a person in respect ofwhom application has been filed under Section l6;

"Property" means and includes any interest in property movable or immovable:

(c)

(d)

(e)

(0

(h)

(,

13

Spe.ial Courts.

0 "Special Court" means a Special Court established under Section 3^of th is Act.

@ Words and expressions used but not defined inthisAct shall haye the same meaning as respectively assigned to them in the Prevention ofthe Corruption Act, 1988 (No. 49 of 1988) and the Code ofCriminal Procedure,1973 Q ot 1974).

CTIAPTER.II

ESTABLISHMENT OF SPECIAL COIJRTS

3. (l) The State Govemment by notification, shall establish, forthe purpose ofspeedy trial ofoffences under this Act, as many courts as may be necessary to be called as Special Courts.

@ Special Court shall be presided over by a Judge to be nominated by the State Government with the concurrence ofthe High Court.

(3) No person shall be qualified for nomination as a Judge ofa Special Court unless he is a member ofthe Chhattisgarh Higher Judicial Service. Special Court shall take cognizance of and try such cases as are instituted belore it or tuansferred to it under Section 10.

(l) When the State Government, on the basis of prima-facie evidence made

6.

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 seruant within the meaning ofclause (c) ofSection 2 olthe Prevention of Comrption Act, 1988 (No. 49 ol 1988) in the State of Chhattisgarh, the State Government shall make a declaration to that effect in eyery case in which it is ofthe aforesaid belief.

Such declaration shall not be called in question in any Court of Law. Notwithstanding an).thing contained ir the Code or any other law lor the time being in force, on such declaration being made under Section 5, any prosecution in respect ofsuch offence shall be instituted only before a Special Court. 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 an,,thing contained in any other law for the time being in force, shall stand transferred to the Special Court established under this Act for trial ofthe offence in accordance with the provisions herein contained.

(3) On such declaration being made by the State Govemment, the property specified in such declaration shall be seized or aftached, as the case may be, by the investigation agency under Section 13 ofthis Act. A Special Court shall have jurisdiction to try offence alleged to have been committed by any person in respect ofwhom a declaration has been made under Section 5, either as principal, conspirator or abettor and alI olthem can bejointly tried therewith at one trial in accordance with the Code.

0) A Special Court shall, in the trial ofsuch cases, follow the procedure prescribed by the Code for the trial ofwarrant cases before a Magistrate. Cognizance of

casos by Special

Co rt.

Declaratioo of

rases to bc delt

with under this

f,ffect

declaratior-

Jurisdiction of

Special Court ss

to trial of

e)

(t)

(2)

7.

Procedu re ,nd pol{ers of Spelial Court.

14

.

(l)

Q)

(3)

@ Save as expressly provided in thisAct, the provisions ofthe Code and oftheAct shall, in so far as they are not inconsistent with the provisions ofthisAct, apply to the proceedings before a Special Court and for the purpose of the said provisions, the person condueting 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 ofthe offence of which such person is convicted.

Notwithstanding anlthing contained in the Code, an appeal shall lie iiom any judgment and sentence ofa Special Court to the High Court. Except as aforesaid, no appeal or revision shall lie in any court from any judgment, sentence or order ofa Special Court.

Every appeal under this section shall be preferred within a period ofthirty days from the date ofjudgment and sentence ofa Special Court :

Provided that the High Court may entertain an appeal afterthe expiry of the said period ofthirry 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.

A Special Court shall not adjoum any trial for any purpose unless such adjoumment is, in its opinion, necessary in the interest of.justice and for reasons to be recorded in writing.

The Special Court shall endeavour to dispose ofthe trial of the case within a period ofone year lrom the date of its institution or transfer. CHAPTER - III

SEIZURE AND AT"IACHMENT OF PROPERTY

Where any investigation agency is conducting an inquiry or investigation under clause (e) of sub-section^{( I} ) of Section l3 ofthe Prevention ofcorruption 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 ordealtwith in any mamer which will result in disposal of such property, an omcer not below the rank ofDeputy Superintendent ofpolice ofsuch 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 notbe transferred or otherwise dealt with, except with the prior permission ofthe offcermaking such order, and a copy of such order shall be served on the person concemed,

Any order made under sub-section (l) shall have no effect unless the said order is confirmed by an order ofthe Special Court, within a period ofthirty days ofits being made.

Appeal against

orders of

Special Court.

Specisl Corrt

not bound to a

adjourn trial.

Seizure and

attachment.

10.

Notwithstanding any otherprovisions ofthisAct, the High Court may transfer cases from Tmnsfer of cases. one Special Court to another

(l)

Q)

t2. A Judge ofa Special Court may act on the evidence recorded by his predecessor or presiding Judge predecessors or partly recorded by his predecessor or predecessors a-nd partly recorded .1v act on byhimsell evidence recorded by his

preder:essor.

(t)

Q)

15

Bd{rc {rmq{, ftci6^q 6adff zo t o Certain

transfers to

null and void.

Management of

properties seized

or confisrated.

14. Where after the making ofan order under Section 13 or the issue ofa notice under Section l7 ofthis Act, any property refered to in the said order or notice, is transfered by any mode whatsoeveq 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-

15.

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 ofan administrator ofsuch property. The Administrator appointed under sub-section (l) shall receive and manage the property in relation to which the order has been made in such manner and subject to such conditions asmay be specified by General or special order issued by the State Governnent.

The Administrator shall also take such measures, as the State Govemment may direct, to dispose ofthe property, which is confiscated to the State Govemment under Section l8 ofthis 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 (l) ofSection 20 ofthis Act.

16. (l) CHAPTER- ry

CONFI SCATION OF PROPERIY

Where the State Govemment, on the basis of prima facie evidence, have reasons to believe thal any person, who held or is holding public office and is or has been a public servant, has committed an offence, the State Govemment 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 ofthe money and other property, which the State Government belive the said person to have procured by means ofthe offence.

An application under sub-section⁽ 1)-

(a) shall be accompanied by one ormore 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 ofthe 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. Upon receipt ofan application made under Section 16,the Autho sed Officer shall serve a notice upon the person in respect ofwhom the application is made calling upon him within such time as may be specifed in the notice, which shall not be ordinarily less than thirty days to indicate the source of his income, eamings or assets, out olwhich or by means ofwhich he has acquired such money or properly, the evidence on which he relies and other releyant 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 ofthe offence and be confiscated to the State Government. (l)

(2)

(3)

Confiscation property. Notice

confiscatiorl.

Q)

(l)t7.

16

l02 (ls)

Q)

(3)

Where a notice, under sub-section (1) to any person, specified any money or property or both as being held on behalfofsuch person by any other person, a copy ofthe notice shall also be served upon such other person. Notwithstanding an),thing contained in sub-section (l), the evidence, information and particulars brought on record before theAuthorised Officer, by the person affected or the State Govemment 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 ofguilt of the offender by the Special Court under this Act.

The Authorised Officer may, after considering the explanation, if any, to the show cause notice issued under Section l7 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 ofbeing heard, by order, record a finding whether all or any other money or properties in question have been acquired illegally.

Where the Authorised Officer specifies that some ofthe money or property or both referred to in the show cause notice are acquired by means ofthe offence, but is not able to identiry 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 ofhisjudgment, have been acquired by means of the offence and record a finding accordingly under sub-section (l).

Where the Authodsed Officer records a finding under this section to the effect that any money or property or both have been acquired by means ofthe offence, he shall declare that such money or property or both shall, subject to the provisions ofthisAct, stand confiscated to the State Govemment 1}ee 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. Where any share in a Company or any other entity stands confiscated to the State Covemment under this Act, then, the Company shall, notwithstanding anything contained in the Companies Act,20l3 (No. 18of2013),ortheArticles ofAssociation of the Company or such entity, forthwith register the State Govemment as the transferee of such share.

Every proceeding for confiscation of money or property or both under this Chapter shall be disposed ofwithin a period of six months from the date of service ofthe notice under sub section (l) ofSection 17. (O The order for confiscation passed under this section shall, subject to the order passed in appeal, ifany, under Section 19 be final and shall not be called in question in any Court of law.

Any person aggrieved by any order of the Authorised 0fficer under this Chapter may appeal to the High Court within thirty days ftom the date on which the order appealed against was passed.

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.

(1)18.

Q)

(3)

(4)

(5)

Confiscation of property in Appeal against the order of the Authorised

Officer.

(l)t9.

Q)

17

rdqrc {rd[d, frqi6 q q-r{fr zo r r Power to

possession.

Refund

con fi scated

money

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Protection

actioll taken

good faith.

Notice or order

not be invalid for

error in

description.

Act to beⁱⁿ

addition to any

other law.

Bar to other

proceedings.

trke 20.

24.

21.

(3) Ar appeal preferred under sub-section ( I ) shall be disposed ofpreferably within a period ofsix months from the date it is preferred and stay order, ifany, passed in an appeal shall not remain in force beyond the said prescribed period of disposal of appeal.

(l) Where any money or properly or both have been confiscated to the State Govemment under this Act, the Authorised Officer concemed shall order the person affected, as well as any other person, who may be in possession ofthe money or property or both to surrender or deliver possession thereof to the Authorised Officer concemed or io any person duly authorised by him in this behalf, within a period ofthirty days ofthe service ofthe order^:

Provided that the Authorized Officer, on an application made in that behalfand being satisfied that the person affected is residing in the property in question, may instead ofdispossessing him immediately ftom 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 ofthe property.

@ If any person refuses or fails to comply with an order made under sub-section ( 1), the Authorised Omcer may take possession ofthe property and may, for that purpose, use such force as may be necessary.

(3) Notwithstanding anlthing contained in sub-section (2), the Authorised Officer may, for the purpose oftaking possession ofany money or property or both referred to in sub-section (l), requisition the service of any Police Officer to assist and it shall be the mandatory duty ofsuch officer to comply with such requisition.

Where an order ofconfiscation made under Section l8 is modified or annulled bythe High Couft in appeal or where the person affected is acquitted by the Special Court, the money or property or both shall be retumed 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 thereofincluding the money so confiscated with the interest at the Repo rate ofReserve Bank oflndia per annum thereon calculated ftom the date ofconfiscation.

CHAPTER- V

MISCELLANEOUS

No notice issued or served, no declaration made and no order passed, underthisAct shall be deemed to be invalid by reason ofany error in the description ofthe property orperson mentioned therein, ifsuch property or person is identifiable from such description^so mentioned.