(1) This ACL may be called [he Tribunals of Criminal Jurisdic lion shon ,irle, Acl 1952.
. (2) It cxtends ro the wholc of Wesr Bcngal.
Wcs t Ben. (3) Ir shall come inlo iorce immedialely on the Tribunals of Criminal Ord. I or
1951. Jurisdicdon Ordinance, 1952, ceasing lo operalc.
2. In !his Act unless there is any thing repugnant in !hc subject or mfiniiiom.
conlex 1,- ~ c r v of (a) "the Code" mcans the Code OF Criminal Procedure, 1898;
1898.
(b) "dislurbcd area" mcans an area in which in the opinion oithe State Govcrnment-
(i) there was, or
(ii) lhcre is any exrensivedisturbnnce of lhc public peaccmd ~ranquiHi ry and in respect of which area h e S~atc Governmc~lt has issued a nohfication declaring such area lo be a disturbed area. In cases Calling underclausc(i) the notification stla11 have effect during such period as may bc specified therein, and in cases M i n g under cfausc (ii) the noti Fication shall have effcct from such dare as may be specified in [he nolification until the nolification is revoked;
(c) "the High Coun" rncans [he High Courr in Calculra;
(d) "schedultkl offencc'' means any offencc specified in the Schedule;
(e) "Tribunal" means a Tribunal of Criminal Jurisdicrion consdtuted under sub-scclion ( 1 ) of seclion 3.
'For Sutcrncnt oTOhjrch md Rmonr. see the Calc~rrta Ga:cr!e, hrrnordir~nrj: daied the 181h June, 1952. Pi. IVA, page 1274; or -dings or the Wcst Bcngd Legislarive Aacrnbly. J C ~ ~ h c Proceedings of h c mcelings of ~ h c West B e n d Legislaivc Assembly held on h e Isr, 7rh, gth, 9h md I01h July, 1952, and Tor Proceedings of rhc We51 Bcngal hgislnrive Council, fee the piwetdings of 1he meeting of the Wcsr Bcngal Lcgislalivc Council held on h c 261h July. 1952.
77le Tribrrtrals of Crirrri~~al Jrrrisdiction Act, 1952.
[West Bcn. Act Consli~u~ion' ' 3. ( 1 ) The Srarc Government shall horn time to ~ imc , as it deems nCTribhals ofcriminal necessary, conslitutc by 'notilicalion in [hc Oficial Gaze/~e one or morc jufidicljon. Tribunals ofcriminaljurisdic~ion and may by likc notilicalion, abolish any such Tribunal i r i l deems such Tribunal to bc no longer necessary.
(2) Thc Slate Government shall appoint as a Judge lo presidc over a Tribunal, any person wh-
(a) is or has been, or i s qualified undcr clause (2) of micle 21 7 of thc Consti~ution of India for appointmcn~ as, a Judge of a High Cour~, or
(b) has, Tor n period of no[ less lhan onc year, been a Sessions Judge or an Additional Sessions Judge.
(3) Every Tribunal shall have jurisdic~ion throughout [he wholc of Wcsl Bengal and shall sit at such place or places as thc Srale Governmcnl may, by Ino~ficadon in thc Oficinl Gazerre. specify in this behalf.
4. ( I ) Scheduled ofrcnces shall bc uiable by Tribunals only:
Providcd that when hying any cuc, a Tribunal may also hy any offencc other than a schcduled offcncc, with which the accuscd may under the Code be charged at the samc vial.
(2) Thedistribulion amongst ~hcTribunalsoicases involvingscheduled ofrcnces ro be tried by them shall be madc by h e Starc Government.
Pmcedurc in 5. ?[(1)] A Tribunal may take cognizance of scheduled oFfenccs 1rials kT0l-e ~ r i b ~ ~ ~ l ~ . withou~ the accuscd bcing commi~cd to it for kid and, in hying accuscd persons, shall rollow the procedurc prescribed by IheCodc for he trial of warranl cases by Magismares ?[insrilu~ed othcnvise than on a policc rcpon]:
Providcd l h a ~ a Tribunal shall no1 be bound to adjourn any [rial for any purpose unless such adjournment is, in its opinion, necessary in the inrcrcsrs of jus~ice:
Provided further h a [ for the purpose of sub-section ( 1 ) of section 356 of the Code. English shall bc dccmed to bc the language of a Tribunal and where undcr he provisions of that sub-sccuon thc cvidence or witnesses is laken down in [he prescncc and hearing and under the personal direction and superinlendcnce of ~ h c Judge presiding overa Tribunal and not by such Judge himsclf, the provisionsof subsection (3) ofsection 356shall nolapply.
'Forno~iiica~ioni~ucdundersubsccuons(l)md (3)ofsection3oflhc Aclconsliluting-
(a) ihrec Tnbunds or Criminal Juri5diclion and spciry ing heir places olsining, re Notificalion No. 4633J., datcd 22.8.52. published in thc Calcrrrru Gd:tllc.
F-lrrurtrdilrfln. oi 1952. Pan I, page 1536.
(b> n Tribunal of Crinilnd Jurisdic~ion to be referred to as the Founh Tribunal and fixing Alipore as the place of sitting. $re Notiliurioii No. 21631.. drued 19.4.55.
published in !he Calorrta Gozerrc of 1955. Pan I. page 1713.
:Secrion 5 was rc-numbered ns sub-scction ( I) o f h ~ scaion and in said sub-sccriw 3s so re-numbcrrrlrhe words within squmbnckers wen: inscdcd by s. ?(I) oirheTnbunds olCritiiinal Jurisdic~ion (Alncndmcnl) Act, 1956 (Wcst Bcn. Act XYII or 1956).
Tlte Trihrrrrals of Crirei~~ai Jrtrisdicrior~ Act, 1952.
XIV of 1952.1 '(2) A Tribunal uying a case under this ACL may. with a view 10 ' obtaining the evidencc of any person supposed 10 have been direcrly or indireclly concerned in , or privy to, a scheduled offencc, ~endcr a pardon 10 such person on condition of his making a full and lrue disclosure of the whole of rhc circums~ances within his knowledge relativc to thc offence and lo every otIicr pcrson concerned, whelhcr as principal or abeuor, in thc commission thereot and any pardon so tendered shall, For the purposes of scctions 339 and 339AoFlhcCodc, bc deemed to have bccn tcndered under sccrion 338 of thc Code.