LexThe Meghalaya Special Courts Act, 2014 (Act No. 7 of 2014)
Meghalaya · state statute
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GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
ORDERS BY THE GOVERNOR
———
NOTIFICATION
The 24th June, 2014.
No.LL(B)36/2014/14.—The Meghalaya Special Courts Act, 2014 (Act No. 7 of 2014) is hereby
published for general information.
MEGHALAYA ACT NO. 7 OF 2014.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 23rd June, 2014.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 24th June, 2014.
THE MEGHALAYA SPECIAL COURTS ACT, 2014.
An
Act
1“to provide for establishment of Special Courts for expenditure trial of any offence against the
State or any individual and for matters connected therewith or incidental thereto
Short title, extent
and commencement.
”
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-fifth Year of the
Republic of India as follows:-
1. (1) This Act may be called the Meghalaya Special Courts Act,
2014.
(2) It shall extend to the whole State of Meghalaya.
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
Definitions. 2. In this Act, unless the context otherwise requires,-
(a) “Act” means the Meghalaya Special Court Act, 2014;
(b) “Authority” means officials performing duties under the Act;
(c) “Code” means the Code of Criminal Procedure, 1973 and
Indian Penal Code, 1860;
1Omitted and Substituted by Act No.10 of 2015, Section 2, Earlier the words read as to provide for the constitution of special
courts for speedy trial of any offences which are perpetrated against any person.
(d) “declaration” in relation to an offence, means a declaration
made under section 5 in respect of such offence.
(e) “High Court” means High Court of Meghalaya.
(f) 1“offence” means violation of law or an act of omission or
commission made punishable under any law for the time
being inforce
;”
(g) “prescribed” means prescribed by rules under this Act; and
(h) “Special Court” means a Special Court established under
section 3 2“of this Act
”
(i) 3“Public Prosecutor” means any person appointed under
section 24 of the Code, and includes a Special Public
Prosecutor
”.
Establishment of
Special Courts.
3. (1) The State Government shall, for the purpose of speedy trial of
any offences shall in consultation with the High Court of
Meghalaya, by notification, establish as many courts as
considered necessary to be called Special Courts.
(2) A Special Court shall be presided over by a Judge belonging
to the Meghalaya Judicial Services nominated by the High
Court of Meghalaya.
(3) The Grade of the Judge will be decided by the High Court of
Meghalaya before nomination depending on the offences to be
tried by the Special Court.
Cognizance of case
by Special Courts.
4. A Special Court shall take cognizance of and try such cases as are
instituted before it in a manner as laid down in the Code.
Declaration of cases
to be dealt with
under this Act.
5. (1) If in 4“the opinion of ” the State Government
[5……………….. ] there is prima -facie evidence of the
commission of an offence alleged to have been com mitted by
a person 6“or persons, individually or collectively .” that
should be tried by 7
“a” Special Court established under this
Act, the State Government shall make a declaration to that
effect in every case in which it is of the aforesaid opinion.
(2) Such declaration shall not be called in question in any Court.
1Omitted and substituted by Act No.10 of 2015, Section 3(i), Earlier the words read as “offence” means an act or omission made punishable
under any law for the time being in force;
2Inserted by Act No.10 of 2015, Section 3(2)
3Inserted by Act No.10 of 2015, Section 3(3)
4Inserted by Act No.10 of 2015, Section 4(1)
5Omitted by Act No.10 of 2015, Section 4(2),Earlier the words is read as “is of the opinion that”
6Inserted by Act No.10 of 2015, Section 4(3)
7Inserted by Act No.10 of 2015, Section 4(4)
Effect of declaration. 6. (1) On such declaration being made, notwithstanding anything in
the Code or any other law for the time being in force, any
prosecution in respect of the offence shall be instituted only in
a Special Court.
(2) Where any declaration made under section 5 related to an
offence in respect of which a prosecution has already been
instituted and the proceedings in relation thereto are pending
in a Court other than special Court, such proceedings shall,
notwithstanding anything contained in any other law for the
time being in force, stand transferred to Special Court for trial
of the offence in accordance with this Act except cases falling
under other Special Court constituted under any Central or
State law.
Jurisdiction of
Special Courts as to
trial of offences.
7. A Special Court shall have jurisdiction to try any person 1“or
persons, individually or collectively, charged with ”
2[“………………… ”] the offence in respect of which a
declaration has been made under section 5, either as principal
3“accused
Procedure and
powers of Special
Courts.
” conspirator or abettor and for all the other offences
and accused persons as can be jointly tried therewith at one trial
in accordance with the Code.
8. (1) A Special Court shall, in the trail of such cases, follow the
procedure prescribed by the Code for the trail of 4“such” cases
cases 5[“………………..
”].
(2) Save as expressly provided in this Act, the provision of the
Code shall, so far as they are not inconsistent with the
provision of this Act, apply to the proceedings before a
Special Court and for the purpose of the said provisions, the
6[“……………….. ”] prosecution before a Special Court shall
be 7“conducted by ” 8[“…………………… ”] a Public
Prosecutor 9“as defined in this Act
”.
(3) A Special Court may pass, upon any person convicted by it,
any sentence authorised by law for the punishment of the
offence of which such person is convicted.
1Inserted by Act No.10 of 2015, Section 5(1).
2Omitted and substituted by Act No.10 of 2015, Section 5(2), Earlier the word read as “alleged to have committed”.
3Inserted by Act No.10 of 2015, Section 5(3).
4Inserted by Act No.10 of 2015, Section 6(1).
5Omitted by Act No.10 of 2015, Section 6(2), Earlier the words read as “before a magistrate”.
6Omitted by Act No.10 of 2015, Section 6(3), Earlier the words read as “persons conducting”.
7Inserted by Act No.10 of 2015, Section 6(4).
8Omitted by Act No.10 of 2015, Section 6(5), Earlier the words read as “deemed to be”.
9Inserted by Act No.10 of 2015, Section 6(6).
Appeal against
orders of Special
Courts.
9. (1) Notwithstanding anything in the Code, an, appeal shall lie
from any judgement and sentence of a Special Court to the
High Court of Meghalaya both on facts and law.
(2) Except as aforesaid, no appeal or revision shall lie in any
Court from any judgment, sentence or order of a Special
Court.
(3) Every appeal under this section shall be preferred within a
period of thirty days from the date of judgement and sentence
of a Special Court:
Provided that the High Court of Meghalaya may entertain an
appeal after the expiry of the said period of thirty days if it is
satisfied for reasons that the appellant had sufficient cause for
not preferring the appeal within the period.
Transfer of case 10. Notwithstanding the other of this Act, it would be open to the
High Court of Meghalaya to transfer cases from one Special
Court to another.
Special Court not
bound to adjourn a
trial.
11. (1) A Special Court shall not adjourn any trial for any purpose
unless such adjournment is, in its opinion, necessary in the
interests of justice and for reasons to be recorded in writing.
(2) The Special Court shall endeavour to dispose of the trial of
the cases within a period of one year from the date o f its
institutions or transfer, as the case may be.
Presiding Judge
may act on evidence
recorded by his
predecessor.
12. A Judge appointed under Section 3 to preside over a Special
Court may act on the evidence recorded by his predecessor or
predecessors or partly recorded by his predecessor or
predecessors and partly recorded by himself.
Charge sheet. 13. Charge sheet of any offences, to be tried by a Special Court, shall
be completed within sixty 1“days which may be extended
Notice or order not
to be invalid for
error in description.
” to
ninety days.
14. No notice issued or served, no declar ation made and no order
passed, under this Act shall be deemed to be invalid by reason of
any error in the description person mentioned therein, if such
person is identifiable from the description so mentioned.
1Inserted by Act No.10 of 2015 , Section 7
Act to be in addition
to any other law.
15. The provision of this Act shall be in addition to, and not in
derogation of, any other law for the time being in force, and
nothing contained herein shall exempt any person from any
proceeding which might, apart from this Act, be instituted against
him.
Protection of action
taken in good faith.
16. No suit, prosecution or other legal proceedings shall lie against
any authority for anything 1“done
Power to make rules.
”in good faith done or intended
to be done in pursuance of this Act.
17. (1) The State Government may, by notification, make such rules,
if any, as it may deem necessary for carrying out the purpose
of this Act.
(2) All rules made under this Act shall be laid, as soon as may
be, before the State Legislature.
Overriding effect. 18. Notwithstanding anything contain in any law for the -time being
in force, the provisions of this Act shall prevail in case of any
inconsistency.
L. M. SANGMA,
Secretary to the Govt. of Meghalaya,
Law Department.
1Inserted by Act No. 10 of 2015, Section 8.
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE MEGHALAYA SPECIAL COURT ACT, 2014 (ACT NO. 7 OF 2014),
AMENDED AND UPDATED UPTO THE YEAR - ACT 10 OF 2015.