The Calcutta Special Tribunal ( Change Of Composition ) Act, 1950

West Ben. 
Ord. I of 
1950. 
Ord. No. 
XXIX of 
1943. 
Ben. Act 
XII of 
1940. 
West Bengal Act IX of 1950 
THE CALCUTTA SPECIAL TRIBUNAL (CHANGE OF 
COMPOSITION) ACT, 1950. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 15th March, 1950.] 
An Act to provide for a change in the composition of the First 
Special Tribunal at Calcutta. 
WHEREAS it is expedient to provide for a change in the 
composition of the First Special Tribunal at Calcutta, with 
a view to expediting the disposal of cases pending before it; 
It is hereby enacted as follows:- 
1. (1) This Act may . be called the Calcutta Special Short 
Tribunal (Change of Composition) Act, 1950. 	 title and 
coin- 
(2) It shall come into force on the date on which the views-
Calcutta Special Tribunal (Change of Composition) Ordi- gent. 
nance, 1950, ceases to operate. 
2. In this Act,— 
(a) "the principal Ordinance" means the Criminal Law 
Amendment Ordinance, 1943, as modified by the 
Bengal Special Tribunal (Continuance) Act, 
1946; 
(b) "the Tribunal" means the Special Tribunal sitting 
at Calcutta known as the First Special Tribunal 
at Calcutta. 
Definitions. 
3. (1) As from the commencement of this Act, the 
principal Ordinance shall -  apply in relation to the Tribunal 
and to the cases not disposed of by it before the commence-
ment of this Act subject to the following modifications, 
namely 
(a) in sub-section (1) of section 4, for the words "three 
members" the words "two members" shall be 
substituted; 
(b) sub-section (/A) of section 6 shall be omitted; and 
(c) for sub-section (4) of section 6, the following sub-
section shall-be substituted : — 
" (4) In the event of a difference of opinion among tle 
members of the Special Tribunal as to the finding, 
sentence or order to be passed in a case,— 
(a) the President shall report to the State Govern-
ment, and notwithstanding anything contained 
in sub-section (1) of section 4, the State 
Government shall appoint to the Special 
Tribunal a third member who shall be a person 
qualified under clause (2) of article 217 of the 
Constitution of India, for appointment as a Judge of a High Court ; 
Price—Indian, annas 2 ; English, 3d, 
Change of 
Com po-
sition of 
the 
Tribunal. 
Savings 
and 
validation. 
2 The Calcutta Special Tribunal (Change of Composition) 
Act, 1950. 
[West Ben. Act IX of 1960. 
(Section 4.) 
(b) the Special Tribunal as so constituted shall 
re-hear the prosecutor and the accused or his 
pleader (but not any witness who has given 
evidence), and deliver judgment in the case; 
and 
(c) in the event of any difference of opinion among the 
members of the Special Tribunal as so consti-
tuted, the opinion of the majority shall prevail." 
(2) Notwithstanding the change in the composition of 
the Tribunal effected by sub-section (/), it shall not be 
necessary for the Tribunal to recommence any proceedings 
or to recall and re-hear any witness who has given evidence 
before such change, and it shall be lawful for the Tribunal 
to act on the evidence already recorded by or produced before 
it. 
4. Anything done or any action taken in exercise of any 
povirdr conferred by or under the Calcutta Special Tribunal 
(Change of Composition) Ordinance, 1950, shall, on the said 
Ordinance ceasing to operate, be deemed to have been done 
or taken in exercise of the powers conferred by or under this 
Act as if this Act had commenced on the 11th day of 
January, 1950. 
West Ben. 
Ord. I of 
1950. 
WBGP.75011-.157A-4,500 

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