REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 58] NEW DELHI, MONDAY, AUGUST 26, 1985/BHADRA 4, 1907 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 26th August, 1985/Bhadra 4, 1907 (Saka) The following Act of Parliament received the assent of the President on the 26th August, 1985, and is hereby published for general information:— THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) AMENDMENT ACT, 1985 No. 45 of 1985 [26th August, 1985] An Act to amend the Terrorist Affected Areas (Special Courts) Act, 1984 Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows: —
1. This Act may be called the Terrorist Affected Areas (Special Courts) Amendment Act, 1985.
2 In the Terrorist Affected Areas (Special Courts) Act, 19G4 (hereinafter referred to as the principal Act), after section 15, the following section shall be inserted, namely: — "15A. Where the area comprising a judicial zone has ceased to be a. terrorist affected area and no cases are pending before a Special Court or an Additional Special Court established in relation to such judicial zone, the Central Government may, by notification in the Official Gazette, abolish such Special Court or Additional Special Court".
61 of 1984.
Short title.
Insertion of new section 15A.
Abolition of Certain Special Courts
(1) 2 THE GAZETTE OF JNDI V EXTRAORDINARY LPART IT—SEC. 1] Substitution of Un,, Schedule.
Special Court3 to cease to exercise jurisdiction with re,3- pect to certain cases and transfer of pend- . • ig cases.
.1. For the Schedule to the principal Act, the following Schedule shall be substituted, namely: -- "THE SCHEDULE [See section 2(f)]
1. Offences under the following provisions of the Indian Penal Code: — sections 121, 121A, 122 and 123.
2. Offences under the followiag provisions of the Anti-Hijacking Act, 1982: — sections 4 and 5.
NOTE 1,—The offence of crininal conspiracy or attempt to commit, or abetment of, an offence specified in this Schedule shall be deemed to be a scheduled offence.
NOTE 2.—The commission of an offence specified in this Schedule by any member of an unlawful assembly shall be deemed to be the commission of that scheduled offence by every other member of the unlawful assembly-".
4. (2) Notwithstanding anything contained in section 7 of the principal Act but subject to the provisions of sub-section (2), after the commencement of this Act, a Special Court shall not take cognizance of, or have or exercise any jurisdiction with respect to, any offence other than an offence mentioned in or connected with an offence mentioned in the Schedule to the principal Act as substituted by section 3 of this Act.
(2) Every case which is pending immediately before the commencement of this Act before any Special Court and which is in respect of an offence other than an offence mentioned in, or connected with an offence mentioned in, the Schedule to the principal Act as substituted by section 3 of this Act shall, as Boon as may be after such commencement, be transferred to a court which would have had jurisdiction but for the enactment of the principal Act to take cognizance thereof and the court to which the case is so transferred may proceed with the case from the stage at which it was at the time of such transfer as if it had originally taken cognizance of the case and the case was pending with it at that time.
(3) This section shall be read as one with the principal Act and words and expressions used i» this section shall be construed accordingly.
45 «f I860.
65 of 1982.
R. V. S. PERI SASTRI, Secy, to the Govt. of India, PRINTED fry THE CENEHAj. MANAGER, GOVERNMENT OF INDIA PRESS, MINTO HOAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1985