'12A. (1) The State Government may, far the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification,
(2) A Special Court shall consist of a single judge who shall be appointed by the High Court upon a request made by the State Government.
Explanation.—In this sub-section, the word "appoint" shall have the meaning given to it in the Explanation to section 9 of the Code.
(3) A person shall not be qualified for appointment as a judge of a Special Court unless—
(a) He is qualified for appointment as a Judge of a High Court, or
(b) he has, for a period of not less than one year, been a Sessions Judge or an Additional Sessions Judge.
12AA. (1) Notwithstanding anything contained in the Code,—
(a) all offences under this Act shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court;
Amendment of section 10A Provision as to cognizance and bill.
Insertion of new station
10AA.
Power to arrest.
Omission of section 12.
Substitution of new section for section 12A Constitution of Special Court Offences triable by special courts.
4 GAZETTE OF INDIA EXTRAORDINARY [ PART II—
(b) a Special Court may, upon a perusal of police report of the facts constituting an offence under this Act or upon a complaint made by an Officer of the Central Government or a State Government authorised in this behalf by the Government concerned or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not, take cognizance of that offence without the accused being committed to it for trial;
(c) all offences under this Act shall be tried in a summary way and the provisions of section 262 to 265 (both inclusive) of the Code shall, as far as may be, apply to such trial:
Provided that in the case of any conviction in a summary trial under this Section, it shall be lawful for the Special Court to pass a sentence of imprisonment for a term not exceeding two years.
(2) When Trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code, be charged at the same trial:
Provided that such other offence is, under any other law for the time being in force, triable in a summary way:
Provided further that in the case of any conviction for such other offence in such trial, it shall not be lawful for the Special Court to pass a sentence of imprisonment for a term exceeding the term provided for conviction in a summary trial under such other law.
(3) A Special Court may, with a view to obtaining the evidence of any person suspected to have been directly or indirectly concerned in, or privy to, an offence under this Act, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof and any pardon so tendered shall, for the purposes of section 308 of the Code, be deemed to have been tendered under section 307 thereof.
12AB. The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Sessions trying cases within the local limits of the jurisdiction of the High Court.
12AC. Save as otherwise provided in this Act, the provisions of the Code (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court ami for the purposes of the said provisions, the Special Court shall he deemed to be a Court of Sessions and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.'.
10. (1) The Essential Commodities (Special Provisions) Second Ordinance, 1998 is hereby repealed.
Ord.. 1 of 1998 Appeal and revision.
Application of Code to proceedings before a Special Court Repeal and saving SEC. 1] GAZETTE OF INDIA EXTRAORDINARY 5
(2) Notwithstanding such repeal, if any appeal, application, trial, inquiry or investigation is pending immediately before such repeal, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the principal Act as amended by the Essential Commodities (Special Provisions) Ordinance, 1998 as in force immediately before the commencement of this Ordinance, as if, this Ordinance had not come into force.
K. R. NARAYANAN, President.
RAGHBIR SINGH, Secy. to the Govt. of India.
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