(1) The Government shall, for the purpose of enterta ining and disposal of appeals arising out of any Judgem ent and order o f the Special Tribunal , by not ification published in the Official Gazette, Constitute a Special Court for the whole o f the State of Assam.
(2) A Special Court shall consist o f a Chairman and two other members to be appointed by the Government.
(3) The Chairman shall be a person who was o r has been a Judge of the High Court and of the other two members, one shall be a person who was or has been a Distric t and Sessions Judge (hereinafter referred to as Judicia l Member) and other sliall be a person who was or has been a member of the Indian Admin istrative Service holding or has held a post not below the rank of Secretary to the Government with Special Knowledge or experience in revenue matters (hereinafter referred to a Revenue M em ber):
Provided that the appointment of a perso n who was a Judge of the High Court as the Chairman or a District and Sessions Judge as a member respectively of the Specia l Court shall be made after consultation w(Jh the Chief Justice of the * ■ Gauhati High C ou rt :
1 2556 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18. 2011 I
Provided further that where a s itting Judge of the High Court is to be appointed as a Chairman such appointment shall be made after nomination by tire Chief Justice of the Gauhat i High Court with the concurrence of the Chief Justice of India.
(4) The salary and allowances of the Chairman and the members of the Special Court shall be such as may be prescribed.
(5) No person shall be retained as a Chairman of the Special Court after he has atta ined the age of sixty five years and as a member a fter he has attained the age o f sixty two years.
(6) The Chairman or other members shall hold office as such for a te rm 'of 3 (three) years from the date on which he en ters his office :
Provided that the Government may re-appoint the Chairman or any. other members after expiry of the original term of three years unless such Chairman or m ember has not attained the age of sixty five years or sixty two years respec tively :
Provided further that while making re-appointment of Chairman or any other member, the provis ions provided under the provises o f sub-section (3) shall be followed.
(7) The quorum to constitute a meeting of the Bench of the Special Court shall be two.
Special Court to 15. (a) make regulations.
The Special Court may, by notificat ion published in the Official Gazette^ make regulations, not inconsisten t with the provisions of this Act or the rules made thereunder, relating < to the procedure to be followed for the conduct of the cases and for regulating the manner o f taking decisions.
i THE ASSAM GAZETTE. EXTRAORDIN ARY. NOVEMBER 18, 2011 2557 Special Court to have the powers of the Civil Court and the Criminal Court.
Staff of the Special Court
(b) The Special Court may cause a public notice of the substance of such regulations for the information of the general public.
(c) All regulations made by the Special Court unde r this section shall, as soon as may be after they are made, be laid before the Assam Legislative Assembly while it is in session, for a total period of not less than fourteen days, which may be comprised in one session or two or more successive sessions and shall unless some later date is appointed, t ake effect from their publication in the Official Gazette subjec t to such modifica tion or annulments as the Assam Legislat ive Assembly may, during the said period agree to make, so *• however that any such modif ication or annulment shall be without prejudice to the validity o f anyth ing previously done thereunder.
16. Save as express ly p rovided in the provis ions of the Code of Civil Procedure , 1908 and the Code of Crimina l Procedure, 1973, in so far as they are not inconsis tent with the provis ions of this Act, shall apply to the proceeding before t he Special Court mutatis mutandis and for the purposes of the provisions of this Act, the Special Court shall be deemed to be a Civil Court, or as the case may be, a Criminal Court and shall have all the powers of a Civil Court and a Criminal Court competent to hear and dispose of Appeal. The persons conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor,