Where a Magistrate has been moved by the competent authority under clause' (b) of rule 3 and the Commander of the accused or the competent authority, as the case may be, anlbse-quently give.: notice to such Magistrate that. in the opinion of such authority the accused should be tried by a SewrIty Guard Court, such Magistrate if he has not before receiving such notice, done any act or made any order referred to in rule 4, shall stay Pneeeedings, and, if the accused is in his power or under his control, shall in the like manner deliver him, with the statement prescribed in sub-section (1) of section 475 of the Code of Criminal Procedure. 1973 f2 of 1974) to the authority specified in the said sub-section.
7. Intimation regarding trial of accused.—(1) When an neared has been delivered by the Magistrate under rale 5 or 6, the Commander of the accused or the competent authority. as the case may be, shall. as soon as may he.
inform the Magistrate whether the accused has been tried .hv a Security Guard Court 'or -other effectual nroceedines have been taken or ordered to be taken against him.
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(2) When the Magistrate has been informed under subrule (1) that the accused has not been tried or other effectual proceedings have not been taken or not ordered to be taken against him the Magistrate shall report the circumstances to the State Government. which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law.
8. Reference to Central Government for determination of COLO of trial —Notwithstanding anything contained in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to the Act has committed an offence.
proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through the Commander or the competent authority.
the Magistrate may, by a written notice, require the Commander of such person either to deliver such person to a Magistrate to be named in the said notice for being proceeded : EXTRAORDINARY [PART 1I—SEC. 361.01 against according to lass, or to stay the proceedings against such person before the Security Guard Court, if since instituted. and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted.