The ORISSA SPECIAL COURTS ACT, 2006
odisha · 2007
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Orissa Special Courts Act, 2006
- S. 2Section defines key terms used in the ORISSA SPECIAL COURTS ACT, 2006, including "authorised officer," "Code," "declaration," "offence," and "Special Court."
- S. 3Section establishes Special Courts in Odisha for speedy trial of offences, presided by qualified Orissa Superior Judicial Service judges.
- S. 4A Special Court shall take cognizance of and try such cases as are instituted before it or transferred to it under secti
- S. 5Section 5 mandates the State Government to declare prima facie evidence of an offence by a high-ranking official, which is not contestable in court.
- S. 6Section 6 mandates that any prosecution for declared offences must be conducted in a Special Court, transferring ongoing cases to it if necessary.
- S. 7Special Court has jurisdiction to try declared offences and related co-offenders in one trial.
- S. 8Section 8 outlines the procedure and applicable laws for trials in Special Courts under the ORISSA SPECIAL COURTS ACT, 2006.
- S. 9Section 9 allows appeals from Special Court judgements to the High Court of Orissa, with limited exceptions and a 30-day appeal period.
- S. 10Section 10 allows the High Court to transfer cases between Special Courts, while Section 11 mandates timely trial disposition within a year.
- S. 11Special Court not bound to adjourn a trial
- S. 12Section 12 allows a new judge to preside over a case using evidence recorded by previous judges.
- S. 13Section 13 allows the State Government to authorize confiscation of property believed to be acquired through offenses by high officials.
- S. 14Section 14 mandates an authorized officer to issue notices to individuals to explain the source of their income and assets, and to show why they shouldn't be confiscated due to suspected illegal acquisition.
- S. 15Confiscation of property in certain cases
- S. 16Section 16 voids transfers of money or property after a notice under section 14, deeming them null if confiscated under section 15.
- S. 17Section 17 allows appeals against orders by authorized officers to the High Court, which must decide within three months.
- S. 18Power to take possession
- S. 19Section 19 mandates return of confiscated property or its price plus interest if return is not feasible.
- S. 20Section 20 states that errors in property or person descriptions in notices or orders under this Act do not invalidate them if identifiable.
- S. 21Section 21 ensures the Act complements existing laws without exempting public servants from applicable proceedings.
- S. 22Section 22 prohibits legal proceedings in any court regarding money or property confiscated under section 15.
- S. 23Section 23 protects individuals from legal action for actions taken in good faith under the ORISSA SPECIAL COURTS ACT, 2006.
- S. 24Section 24 allows the State Government to create rules for implementing the ORISSA SPECIAL COURTS ACT, 2006.
- S. 25Section 25 mandates that notifications and declarations under specified subsections must be presented to the State Legislature promptly.
- S. 26Overriding effect
- S. 1944Printed and published by the Director of Printing, Stationery and Publication, Orissa, Cuttack-10 Ex