The ORISSA SPECIAL COURTS ACT, 2006

THE  ORISSA  SPECIAL COURTS  ACT,  2006
TABLE  OF CONTENTS
  P REAMBLE
  SECTIONS
CHAPTER I
PRELIMINARY
  1. Short title and extent.
  2. Definitions.
CHAPTER II
ESTABLISHMENT OF SPECIAL COURTS
  3. Establishment of Special Courts.
  4. Cognizance of cases by Special Courts.
  5. Declaration of cases to be dealt with under this Act.
  6. Effect of declaration.
  7. Jurisdiction of Special Courts as to trial of offences.
  8. Procedure and powers of Special Courts.
  9. Appeal against orders of Special Courts.
10. Transfer of cases.
11. Special Court not bound to adjourn a trial.
12. Presiding Judge may act an evidence recorded by his predecessor.
CHAPTER III
CONFISCATION OF PROPERTY
13. Application for confiscation.
14. Notice for confiscation.
15. Confiscation of property in certain cases.
16. Transfer to be null and void.
17. Appeal.
18. Power to take possession.
19. Refund of confiscated money or property.
CHAPTER IV
MISCELLANEOUS
20. Notice or order not to be invalid for error in description.
21. Act to be in addition to any other law.
22. Bar to other proceedings.
23. Protection of action taken in good faith.
24. Power to make rules.
25. Notifications under section 3 and declarations under section 5 to be laid.
26. Overriding effect.

THE ORISSA SPECIAL COURTS  ACT, 2006
AN  ACT  TO  PROVIDE  FOR  THE CONSTITUTION OF
SPECIAL COURTS FOR THE SPEEDY TRIAL OF CERTAIN
CLASS OF OFFENCES AND FOR CONFISCATION OF THE
PROPERTIES INVOLVED.
WHEREAS corruption is perceived to be amongst the persons
holding high political and public offices in the State of Orissa;
AND WHEREAS  investigations conducted by the agencies of the
Government disclose prima-facie  evidence, confirming existence of such
corruptions;
AND WHEREAS the Government have reasons to believe that
large number of persons, who had held or are holding high political and
public offices have accumulated vast property, disproportionate to their
known sources of income by resorting to corrupt means;
AND WHEREAS it is constitutional, legal and moral obligation of
the State to prosecute persons involved in such corrupt practices;
AND WHEREAS the existing courts of Special Judges cannot
reasonably be expected to bring the trials, arising out of those prosecutions,
to a speedy termination and it is imperative for the  efficient functioning of
The Orissa G a z e t t e
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1948,  CUTTACK, MONDAY,  OCTOBER  15,  2007 / ASWINA  23,  1929
LAW  DEPARTMENT
NOTIFICATION
The 15th October  2007
No.11814/Legis—The following Act of the Orissa Legislative Assembly having been
assented to by the President on the 19th September, 2007 is hereby published for general
information.
ORISSA ACT 9 OF 2007

a parliamentary democracy and  the institutions created by or under the
Constitution of India that the aforesaid offenders should be tried with utmost
dispatch;
AND WHEREAS it is necessary for the said purpose to establish
Special Courts to be presided over by the persons who are or have been
Sessions Judges and it is also expedient to make some procedural changes
whereby avoidable delay in the final determination of the guilt or innocence,
of the persons to be tried, is eliminated without interfering with the right to a
fair trial.
BE it enacted by the Legislature of State of Orissa in the Fifty-
seventh Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Orissa  Special  Courts Act, 2006.
    (2) It shall extend to the whole of the State of Orissa.
2. In this Act, unless the context otherwise requires,—
(a) "authorised officer" means any serving officer belonging to
Orissa Superior Judicial Service (Senior Branch) and who is
or has been an Additional Sessions Judge, nominated by the
State Government with the concurrence of the High Court for
the purpose of section 13;
(b) "Code" means the Code of Criminal Procedure, 1973;
(c) "declaration", in relation to an offence, means a declaration
made under section 5 in respect of such offence;
(d) "offence" means an offence of  criminal misconduct within the
meaning of clause (e) of sub-section (1) of section 13 of the
Prevention of Corruption Act, 1988;
(e) "Special Court" means a Special Court established under
section 3; and
(f) words and expressions used herein and not defined but
defined in the Code shall have the meanings respectively
assigned to them in the Code.
CHAPTER II
ESTABLISHMENT OF SPECIAL COURTS
3.  (1) The State Government shall, for the purpose of speedy trial
of offence, by notification, establish as many Courts as considered
adequate to be called Special Courts.
     ( 2) A Special Court shall be presided over by a Judge to be
nominated by the State Government with the concurrence of the High Court
of Orissa.
49 of 1988.
2 of 1974.
Definitions.
Short title
and extent.
2
Establish-
ment of
Special
Courts.

       (3) No person shall be qualified for nomination as a Judge of a
Special Court  unless he is a serving officer belonging to Orissa Superior Judicial
Service (Senior Branch) and  is or has been a Sessions Judge in the State.
4. A Special Court shall take cognizance of and try such cases as
are instituted before it or transferred to it under section 10.
5. (1) If the State Government is of the opinion that there is prima-
facie evidence of the commission of an offence alleged to have been
committed by a person, who held high public or political office in the State
of Orissa, 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.
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 relates 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.
7. A Special Court shall have jurisdiction to try any person alleged to
have  committed the offence in respect of which a declaration has been
made under section 5, either as principal, 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 trial of such cases, follow the
procedure prescribed by the Code for the trial of warrant cases before a
Magistrate.
    ( 2) Save as expressly provided in this Act, the provisions of
the Code and of the Prevention of Corruption Act, 1988 shall, in so far
as they are not inconsistent with the provisions of this Act, apply to the
proceedings before a Special Court and for the purpose of the said
provisions, the  persons conducting a prosecution  before a Special
Court shall be deemed to be a Public Prosecutor.
   (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.
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 Orissa
both on facts and law.
Procedure
and powers
of Special
Courts.
Jurisdiction
of Special
Courts as to
trial of
offences.
Effect of
declaration.
Declaration
of cases to
be dealt
with under
this Act.
Cognizance
of cases by
Special
Courts.
3
Appeal
against
orders of
Special
Courts.
49 of 1988.

    ( 2) Except as aforesaid, no appeal or revision shall lie in any
court from any judgement, 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 may entertain an appeal after the
expiry of the said period of thirty days if it is satisfied for reasons to be
recorded in writing that the appellant  had sufficient cause for  not preferring
the appeal within the period.
10. Notwithstanding the other provisions of this Act, it would be
open to the High Court of Orissa to transfer cases from one Special Court
to another.
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 case within a period of one year from the date of its institutions or
transfer, as the case may be.
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.
CHAPTER III
CONFISCATION OF PROPERTY
13. (1) Where the State Government , on the basis of prima-facie
evidence, have reasons to believe that any person, who held high public
or political office has committed the offence, the State Government may,
whether or not the Special Court has taken cognizance of the offence,
authorise the Public  Prosecutor for making an application to the authorised
officer for confiscation under this Act of the money and other property,
which the State Government believe the said  person to have procured by
means of the offence.
       (2) An application under sub-section (1)—
(a) shall be accompanied by one or more affidavits, stating
the grounds on which the belief, that the said person
has committed the offence, is founded and the amount
of money and estimated value of other property believed
to have been procured by means of the offence; and
(b) shall also contain any information available as to the
location for the time being of any such money and other
property, and shall, if necessary, give other particulars
considered relevant to the context.
Presiding
Judge may
act on
evidence
recorded
by his
predecessor.
Special Court
not bound to
adjourn a
trial.
Transfer of
cases.
4
Application
for confis-
cation.

14. (1) Upon receipt of an application made under section 13, the
authorised officer shall serve a notice upon the person in respect of whom
the application is made (hereafter referred to as the person affected) calling
upon  him within such time as may be specified in the notice, which shall
not be ordinarily less than thirty days, to indicate the source of his income,
earnings  or assets, out of  which or by means of which he has acquired
such money or property, the evidence  on which he relies and other relevant
information and particulars, and to show cause as to why all or any of
such money or property or both, should not be declared to have been
acquired by  means of the offence and be confiscated to the State
Government .
      ( 2) Where a notice under sub-section  (1) to any person
specifies any money or property  or both as being  held on behalf of such
person by any other person, a copy of the notice shall also be served
upon such other person.
       (3) Notwithstanding anything contained in sub-section (1), the
evidence, information and particulars brought on record before the
authorised officer, by the person affected, shall not be used against him in
the trial before the Special Court.
15.(1) The authorised officer may, after considering the explanation,
if any, to the show cause notice issued under section 14 and the materials
available before it, and after giving to the person   affected (and in case
where  the person affected holds any money or property specified in the
notice through any other person, to such other person also) a reasonable
opportunity of being heard, by order, record  a finding  whether all or any
other money or properties in question have  been acquired illegally.
     ( 2) Where the authorised officer specifies that some of the
money or property or both referred to in the show cause notice are acquired
by means of the offence, but is not able to identify specifically such money
or property, then it shall be lawful for the  authorised officer to specify the
money or property or both which, to the best of his judgement, have been
acquired by means of the offence and record a finding, accordingly, under
sub-section (1).
    ( 3) Where the authorised officer records  a finding under this
section to the effect that any money or property  or both have been
acquired by  means of the offence, he shall declare that such money or
property or both shall, subject to the provisions of this Act, stand
confiscated to the State Government free from all encumbrances :
       Provided that if the market price of the property confiscated is
deposited  with the authorised officer, the property shall not be confiscated.
     ( 4) Where any share in a Company stands confiscated to the
State Government under this Act, then, the Company shall, notwithstanding
anything contained in the Companies Act, 1956 or the Articles of
Association of the Company, forthwith register the State Government as
the transferee of such share.
Notice for
confiscation.
5
Confiscation
of property
in certain
cases.
1 of 1956.

      (5) Every proceeding for confiscation of money or property or
both under this Chapter shall be disposed of within  a period of six months
from the date of service of the notice  under sub-section (1) of section 14.
      ( 6) The order of confiscation passed under this section shall,
subject  to the order passed in appeal, if any, under section 17, be final
and shall not be called in question in any Court of law.
16. Where, after the issue of a notice under section 14, any money
or property or both referred to in the said notice are transferred by  any
mode whatsoever, such transfer shall, for the purposes of the proceedings
under this Act, be void and if such money or  property or both are
subsequently confiscated to the State Government under section 15, then,
the transfer of such money or property or both shall be deemed to be null
and void.
17. (1) Any person aggrieved by any order of the authorised officer
under this Chapter may appeal to the High Court within thirty days from
the date on which the order appealed against was passed.
      (2) Upon any appeal preferred  under this section the High Court
may, after giving such parties, as it thinks proper, an opportunity of being
heard, pass such order as it thinks fit.
   (3) An appeal preferred under sub-section (1) shall be disposed
of within a period of three months from the date it is preferred, and stay
order, if any, passed in an appeal shall not remain in force beyond the
prescribed period of disposal of appeal.
18.(1) Where any money or property or both have been confiscated to
the State Government under this Act, the concerned  authorised officer shall
order the person affected, as well as any other person, who may be in
possession of the money or property or both to surrender or deliver possession
thereof to the  concerned authorised officer or to any person duly authorised
by him in this  behalf, within  thirty days of the service of the order :
Provided that the authorised officer, on an application made in that
behalf and being satisfied that the person affected is  residing in the property
in question, may instead of dispossessing him immediately from the same,
permit such person to occupy it for a limited period to be specified on
payment of market rent to the State Government and thereafter, such
person shall deliver the vacant possession of the property.
     (2) If any person refuses or fails to comply with an order made
under sub-section (1), the  authorised officer may take possession of the
property and may, for that purpose, use such force as may be necessary.
      (3) Notwithstanding anything contained in sub-section (2) the
authorised officer may, for the purpose of taking possession of any money
or property or both referred to in sub-section (1), requisition the service  of
any police officer to assist and it shall be the bounden duty of such officer
to comply with such requisition.
Transfer
to be null
and void.
6
Appeal.
Power to
take
posse-
ssion.

19. Where an order of confiscation made under section 15 is modified
or annulled by the High Court in appeal or where the person affected is
acquitted by the Special Court, the money or property or both shall be
returned to the person  affected and in case it is not possible for any reason
to return the property, such person shall be paid the price  thereof including
the money so confiscated with the  interest  at the rate of five percent per
annum  thereon calculated from the date of confiscation.
CHAPTER IV
MISCELLANEOUS
20. No notice issued or served, no declaration made and no order
passed, under this Act shall be deemed to be invalid by reason of any
error in the description of the property or person mentioned therein, if such
property or person is identifiable from the description so mentioned.
21. The provisions 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 public  servant from any proceeding
which might, apart from this Act, be instituted against him.
22. Save as provided in sections 9 and 17 and notwithstanding
anything contained in any other law, no suit or other legal proceedings
shall be maintainable in any Court in respect of any money or property or
both ordered to be confiscated under section 15.
23. No suit, prosecution or other legal proceedings shall lie against
any person for anything in good faith done or intended to be done in
pursuance of this Act.
24. The State Government may, by notification, make such rules, if
any, as it may  deem necessary for carrying out the purposes of this Act.
25. Every notification made under sub-section (1) of section 3 and
every declaration made under sub-section (1) of section 5 shall be laid, as
soon as may be, after they are made, before the State Legislature.
26. Notwithstanding anything in the Prevention of Corruption Act, 1988
and the Criminal Law Amendment Ordinance, 1944 or any other law for the
time being in force, the provisions of this Act shall prevail in case of any
inconsistency.
By order of the Governor
B. K. PATEL
Principal Secretary to Government
Refund of
confiscated
money or
property.
7
Notice or
order not to
be invalid
for error in
description.
Act to be in
addition to
any other
law.
Bar to other
proceedings.
Protection of
action taken
in good faith.
Power to
make rules.
Notifications
under
section 3 and
declrations
under section
5 to be laid.
Overriding
effect.
49 of 1988.
Ordinance
No. 38  of
1944.
Printed and published by the Director of Printing, Stationery and Publication, Orissa, Cuttack-10
Ex. Gaz. No. 1398—193+1080

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