The ORISSA SPECIAL COURTS (REPEAL & SPECIAL PROVISIONS) ACT, 1995

 
THE ORISSA SPECIAL COURTS (REPEAL & SPECIAL PROVISIONS) 
ACT, 1995 
[Published vide Orissa Gazette Ext. No. 935 -D/16.8.1995 - Notification No. 11147 
Legis. Dated 16.8.1995.] 
[12th August, 1995] 
 
PREAMBLE 
An Act to Repeal the Orissa Special Courts Act, 1990 and to provide for the trial of 
cases pending thereunder by the Special Judges under the Prevention of 
Corruption Act, 1988 
Be it enacted by the Legislature of the State of Orissa in the Forty -sixth Year of 
the Republic of India, as follows: 
 
Section 1 - Short title 
This Act may be called the Orissa Special Courts (Repeal and Special Provisions) 
Act, 1995. 
 
Section 2 - Repeal and savings 
(1) The Orissa Special Courts Act, 22 of 1990 (hereinafter referred to as the said 
Act) is hereby repealed. 
(2) Except as otherwise provided in Section 3, the provisions of the Section 5 of 
the Orissa General Clauses Act, 1 of 1937 shall apply to such repeal. 
 
Section 3 - Special Provisions 
(1) All cases pending before the  Special Court established under Section 3 of the 
said Act immediately before the commencement of this Act shall stand 
transferred to the respective Special Judges under the Prevention of Corruption 
Act, 49 of 1988 and such cases shall be tried from the stage at which they stood on 
the date of such commencement, as if they were instituted before or taken 
cognizance by, the said Special Judge. 
(2) All proceedings before the authorised officer for confiscation under Chapter ill 
of the said Act shall abate but  in respect of money and other properties involved 
in such proceedings, the attachment proceedings may be taken under the 
Criminal Law (Amendment) Ordinance, 38 of 1994 and notwithstanding the fact 
that such proceedings are to taken or not, it shall be law ful for the respective 
Special Judges so pass orders of confiscation at the conclusion of the trial. 
(3) Save as provided in Sub -section (2), where orders of confiscation have been 
made under the said Act, such orders shall be deemed to be orders of attach ment 
made under the provisions of the Criminal Law (Amendment) Ordinance, 38 of 
1944 and shall be carried into effect accordingly. 

Explanation - The expression 'respective Special Judges' shall mean the Special 
Judges, appointed under Section 3 of the Prev ention of Corruption Act, 49 of 
1988 for the area within which the offence was committed or, appointed to try the 
offence referred to in Clause (c) of Sub -section (1) of Section 13 of that Act, as the 
case may be. 
 
 *For the Bill see Odisha Gazette, Extraordinary, dated the 18th July, 1995 (No. 833) 

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