The UTTARAKHAND SPECIAL COURTS ACT, 2011
uttarakhand · 2011
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 Uttarakhand Special Courts Act, 2011
- S. 2Section 2 defines key terms used in the Uttarakhand Special Courts Act, 2011, including "Act," "Authorized officer," "Code," "Declaration," "Offence," "Special Court," and references to other laws.
- S. 3The State Government establishes Special Courts for speedy trial of offences, presided by qualified judges.
- S. 4A Special Court shall take cognizance of and try such cases as are instituted before it or transferred to it under sect
- S. 5Section 5 mandates the State Government to declare prima-facie evidence of corruption by public servants, which is not contestable in court.
- S. 6Section 6 mandates that prosecutions for specified offences must be conducted in Special Courts, transferring any ongoing proceedings to them.
- S. 7Section 7 grants Special Courts jurisdiction to try individuals accused of specified offences declared under section 5.
- S. 8Section 8 outlines the procedure for trials, application of other laws, and sentencing by Special Courts in Uttarakhand.
- S. 9Section 9 allows appeals from Special Court judgments to the Uttarakhand High Court, with a 30-day limit, but exceptions can be made.
- S. 10Section allows Uttarakhand High Court to transfer cases between Special Courts.
- S. 11Section 11 mandates Special Courts to avoid unnecessary adjournments and aim to conclude trials within a year.
- S. 12Section 12 allows a judge to use evidence recorded by predecessors in presiding over a Special Court.
- S. 13Section 13 authorizes the State Government to apply for confiscation of property believed to be acquired through public office offenses.
- S. 14Section 14 mandates an officer to notify a person to disclose sources of income and assets, and to show why property shouldn't be confiscated.
- S. 15Section 15 authorizes an officer to find and confiscate illegally acquired money or property linked to offenses, with specific provisions for company shares.
- S. 16Section 16 voids transfers of money or property after notice under section 14, deeming them null if later confiscated.
- S. 17Section 17 allows appeals against authorized officer orders to the High Court, which must decide within six months.
- S. 18Section 18 mandates surrender of confiscated property to authorized officers, with possible rent-based occupancy, and authorizes use of force and police assistance if needed.
- S. 19Section 19 mandates return of confiscated property or its price plus interest if High Court annuls order or person is acquitted.
- S. 20Section 20 states that errors in property or person descriptions in court notices under this Act do not invalidate them if identifiable.
- S. 21Section 21 ensures the Uttarakhand Special Courts Act complements other laws, not exempting public servants from existing proceedings.
- S. 22Section 22 prevents suits against actions taken in good faith under section 15.
- S. 23Section 23 protects individuals from legal actions for good faith actions taken under the Uttarakhand Special Courts Act.
- S. 24The section allows the State Government to create rules for implementing the Act and mandates laying notifications and declarations.
- S. 25Section requires notifications and declarations under specified subsections to be presented to the State Legislature.
- S. 26Section 26 establishes the overriding effect of the Uttarakhand Special Courts Act for speedy trials and property confiscation.