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Start Free TrialTerrorist Affected Areas (Special Courts) Act, 1984 Section 9
Title: Public Prosecutors
State: Central
Year: 1984
(1) For every Special Court, the Central Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the Central Government may also appoint for any case or class of cases a Special Public Prosecutor. (2) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section only if he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law, (3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (ii) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.
View Complete Act List Judgments citing this sectionDisturbed Areas (Special Courts) Act, 1976 Section 6
Title: Procedure and Powers of Special Courts
State: Central
Year: 1976
.....committed to it under Section 209 of the Code as if the Special Court were a Court of Session ; (b) in any other case, upon a police report of the facts together with a certificate from the public prosecutor to the effect that the offence is triable exclusively by the Special Court. (3) Where a scheduled offence is an offence triable exclusively by a Court of Session under the Code, a Special Court shall have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, so far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session. (4) Where a scheduled offence is an offence which is punishable with imprisonment for a term exceeding three years but which, according to the provisions of the Code, is not an offence triable exclusively by a Court of Session, a Special Court may on taking cognizance of the offences perform the functions of a Magistrate under Section 207 of the Code and thereafter try such offence so far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session as if the Special Court were a Court of Session and the case had been.....
View Complete Act List Judgments citing this sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 9
Title: Procedure and Powers of Special Court
State: Central
Year: 1992
(1) The 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 shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before the Special Court and for the purposes of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session, and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor. (3) The Special Court may pass upon any person convicted by it any sentence authorised by law or the punishment of the offence of which such person is convicted. (4) While dealing with any other matter brought before it, the Special Court may adopt such procedure as it may deem fit consistent with the principles of natural justice.
View Complete Act List Judgments citing this sectionTerrorist Affected Areas (Special Courts) Act, 1984 Complete Act
Title: Terrorist Affected Areas (Special Courts) Act, 1984
State: Central
Year: 1984
Preamble1 - TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Declaration of terrorist affected area Section4 - Establishment of Special Courts Section5 - Composition and appointment of Judges of Special Court Section6 - Place of sitting Section7 - Jurisdiction of Special Court Section8 - Powers of Special Courts with respect to other offences Section9 - Public Prosecutors Section10 - Procedure and powers of Special Courts Section11 - Power of Supreme Court to transfer case Section12 - Protection of witnesses Section13 - Power to transfer cases to regular courts Section14 - Appeal Section15 - Modified application of certain provisions of the Code Section15A - Abolition of certain Special Courts Section16 - Overriding effect of Act Section17 - Delegation Section18 - Power to make rules Section19 - Saving Section20 - Amendment of Act 1 of 1872 Section21 - Repeal and saving Schedule1 - SCHEDULE
List Judgments citing this sectionTerrorist Affected Areas (Special Courts) Act, 1984 Section 4
Title: Establishment of Special Courts
State: Central
Year: 1984
.....any place outside such judicial zone but within the State in which such judicial zone is situated. (2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the situation prevailing in a State, the State Government is of the opinion that it is expedient to establish in relation to a judicial zone, or in relation to two or more judicial zones, in the State, an Additional Special Court outside the Stale, for the trial of such scheduled offences committed in the judicial zone or judicial zones, the trial whereof within the State (a) is not likely to be fair or impartial or completed with utmost dispatch; or (b) is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor and the Judge or any of them; or (c) is not otherwise in the interests of justice, the State Government may request the Central Government to establish in relation to such judicial zone or judicial zones an Additional Special Court outside the State and thereupon the Central Government may, after taking into account the information furnished by the State Government and making.....
View Complete Act List Judgments citing this sectionSpecial Economic Zones Act, 2005 Chapter II
Title: Establishment of Special Economic Zone
State: Central
Year: 2005
.....Economic Zone may be established under this Act, either jointly or severally by the Central Government, State Government, or any person for manufacture of goods or rendering services or for both or as a Free Trade and Warehousing Zone. (2) Any person, who intends to set up a Special Economic Zone, may, after identifying the area, make a proposal to the State Government concerned for the purpose of setting up the Special Economic Zone. (3) Notwithstanding anything contained in sub-section (2), any person, who intends to set up a Special Economic Zone, may, after identifying the area, at his option, make a proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that where such a proposal has been received directly from a person under this sub-section, the Board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the State Government within the period, as may be prescribed. (4) In case a State Government intends to set up a Special Economic Zone, it may after identifying the area, forward the proposal directly to the Board for the purpose of setting up the Special Economic.....
View Complete Act List Judgments citing this sectionSpecial Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 9A
Title: Jurisdiction, Powers, Authority and Procedure of Special Court in Civil Matters
State: Central
Year: 1992
.....before such commencement, by any civil Court in relation to by matter of claim-- (a) relating to any property standing attached under sub-section (3) of section 3; (b) arising out of transactions in securities entered into after the 1st day of April, 1991, and on or before the 6th day of June, 1992, in which a person notified under sub-section (2) of section 3is involved as a party, broker, intermediary or in any other manner. (2) Every suit, claim or other legal proceeding (other than an appeal) pending before any Court immediately before the commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994, being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of the Special Court under sub-section (1), shall stand transferred on such commencement to the Special Court and the Special Court may, on receipt of the records of such suit, claim or other legal proceeding, proceed to deal with it, so far as may be, in the same manner as a suit, claim or legal proceeding from the stage which was reached.....
View Complete Act List Judgments citing this sectionSpecial Economic Zones Act, 2005 Section 3
Title: Procedure for Making Proposal to Establish Special Economic Zone
State: Central
Year: 2005
.....Economic Zone may be established under this Act, either jointly or severally by the Central Government, State Government, or any person for manufacture of goods or rendering services or for both or as a Free Trade and Warehousing Zone. (2) Any person, who intends to set up a Special Economic Zone, may, after identifying the area, make a proposal to the State Government concerned for the purpose of setting up the Special Economic Zone. (3) Notwithstanding anything contained in sub-section (2), any person, who intends to set up a Special Economic Zone, may, after identifying the area, at his option, make a proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that where such a proposal has been received directly from a person under this sub-section, the Board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the State Government within the period, as may be prescribed. (4) In case a State Government intends to set up a Special Economic Zone, it may after identifying the area, forward the proposal directly to the Board for the purpose of setting up the Special Economic.....
View Complete Act List Judgments citing this sectionSpecial Economic Zones Act, 2005 Chapter VI
Title: Special Fiscal Provisions for Special Economic Zones
State: Central
Year: 2005
.....duties or cess shall remain or continue to be provided in such Unit or Special Economic Zone. Section 29 - Transfer of ownership and removal of goods The transfer of ownership in any goods brought into, or produced or manufactured in, any Unit or Special Economic Zone or removal thereof from such Unit or Zone shall be allowed, subject to such terms and conditions as the Central Government may prescribe. Section 30 - Domestic clearance by Units Subject to the conditions specified in the rules made by the Central Government in this behalf,-- (a) any goods removed from a Special Economic Zone to the Domestic Tariff Area shall be chargeable to duties of customs including anti-dumping, countervailing and safeguard duties under the Customs Tariff Act, 1975(51 of 1975), where applicable, as leviable on such goods when imported; and (b) the rate of duty and tariff valuation, if any, applicable to goods removed from a Special Economic Zone shall be at the rate and tariff valuation in force as on the date of such removal, and where such date is not ascertainable, on the date of payment of duty.
View Complete Act List Judgments citing this sectionSpecial Economic Zones Act, 2005 Chapter VII
Title: Special Economic Zone Authority
State: Central
Year: 2005
.....to every Authority by way of grants and loans or such sums of money as that Government may think fit for being utilised for the purposes of this Act. Section 36 - Constitution of Fund and its application (1) There shall be established by every Authority a Fund to be called the.......... (the name of the Special Economic Zone concerned) Authority Fund and there shall be credited thereto-- (a) all sums of money, which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide to the Authority; (b) all grants or loans that may be made to the Authority under this Act; (c) all sums received on account of user or service charges or fees or rent for the use of properties belonging to the Authority; (d) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for meeting-- (a) the salaries, allowances and other remuneration of the members, officers and other employees of the Authority; (b) the expenses of the Authority in the discharge of its functions under section 34; (c) the repayment of any loan; (d) the expenses on objects and for.....
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