Rajasthan Special Courts Act, 2012
No: 38 Dated: Dec, 03 2012
Rajasthan Special Courts Act, 2012
(Act No. 38 of 2012)
CHAPTER- I Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Special Courts Act, 2012.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Act" means Prevention of Corruption Act, 1988(Central Act No. 49 of 1988);
(b) "authorized officer" means any serving officer belonging to Rajasthan Judicial Service and who is or has been Sessions Judge or Additional Sessions Judge, nominated by the State Government with the concurrence of the High Court for the purpose of 1 section 3;
(c) "Code" means the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) ;
(d) "Declaration" in relation to an offence, means a declaration made under section 5 in respect of such offence;
(e) "offence" means an offence of criminal misconduct which attracts application of section 13(1) (e) of the Act either independently or in combination with any other provision of the Act or any of the provision of Indian Penal Code, 1860 (Central Act No. 45 of 1860);
(f) "Special Court" means a Special Court established under section 3; and
(g) words and expressions used herein and not defined but defined in the Code o
CHAPTER- II
Establishment of Special Courts
3. Establishment of Special Courts. - (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 Rajasthan High Court.
(3) No person shall be qualified for nomination as a Judge of a Special Court unless he is a member of Rajasthan Judicial Service and is or has been a Sessions Judge or Additional Sessions Judge in the State.
4. Cognizance of cases by Special Courts. - A Special Court shall take cognizance of and try such cases as are instituted before it or transferred to it under section 10.
5. Declaration of cases to be dealt with under this Act. - (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 has held or is holding public office and is or has been public servant within the meaning of section 2(c) of the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988) in the State of Rajasthan, 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.