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THE NATIONAL INVESTIGATION AGENCY BILL,2008
AS PASSED BY LOK SABHA
ON 17 DECEMBER, 2008n
Bill No. 75-C of 2008
THE NATIONAL INVESTIGATION
AGENCY BILL, 2008
ARRANGEMENT OF CLAUSES
CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent
and application.
2. Definitions.
CHAPTER II
NATIONAL INVESTIGATION
AGENCY
3. Constitution of
National Investigation Agency.
4. Superintendence
of National Investigation Agency.
5. Manner of constitution
of Agency and conditions of service of members.
CHAPTER III
INVESTIGATION BY THE
NATIONAL INVESTIGATION AGENCY
6. Investigation of
Scheduled Offences.
7. Power to transfer
investigation to State Government.
8. Power to investigate
connected offences.
9. State Government
to extend assistance to National Investigation Agency.
10. Power of State
Government to investigate Scheduled Offences.
CHAPTER IV
SPECIAL COURTS
11. Power of Central
Government to Constitute Special Courts.
12. Place of sitting.
13. Jurisdiction of
Special Courts.
14. Powers of Special
Courts with respect to other offences.
15. Public Prosecutors.
16. Procedure and powers
of Special Courts.
17. Protection of witnesses.
18. Sanction for prosecution.
19. Trial by Special
Court to have precedence.
20. Power to transfer
cases to regular courts.
21. Appeals.
22. Power of State
Government to constitute Special Courts.
(ii)
CHAPTER V
MISCELLANEOUS
CLAUSES
23. Power of High Courts
to make rules.
24. Power to remove
difficulties.
25. Power to make rules.
26. Laying of rules.
THE SCHEDULE.
AS PASSED BY LOK SABHA
ON 17 DECEMBER, 2008
Bill No. 75-C of
2008
THE
NATIONAL INVESTIGATION AGENCY BILL, 2008
A
BILL
to constitute an investigation agency
at the national level to investigate and prosecute offences affecting
the sovereignty, security and integrity of India, security of State,
friendly relations with foreign States and offences under Acts enacted
to implement international treaties, agreements, conventions and resolutions
of the United Nations, its agencies and other international organisations
and for matters connected therewith or incidental thereto.
BE it enacted by Parliament
in the Fifty-ninth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
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1. (1)This Act may be called the
National Investigation Agency Act, 2008.
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Short title, extent
and application.
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(2)It extends to the whole of India
and it applies also-
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(a) to citizens of India outside
India;
(b) to persons in the service of
the Government wherever they may be; and
(c) to persons on ships and aircrafts
registered in India wherever they may be
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Definitions. |
2. (1) In this Act, unless the context
otherwise requires,-
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(a) "Agency" means the National Investigation
Agency constituted under section 3 ;
(b) "Code" means the Code of Criminal
Procedure 1973;
(c) "High Court" means the High Court
within whose jurisdiction the Special Court is situated;
(d) "prescribed" means prescribed
by rules;
(e) "Public Prosecutor" means a Public
Prosecutor or an Additional Public Prosecutor or a Special Public
Prosecutor appointed under section 15;
(f) "Schedule" means Schedule to
this Act;
(g) "Scheduled Offence" means an
offence specified in the Schedule;
(h) "Special Court" means a Special Court constituted under section
11 or, as the case may be, under section 22;
(i) words and expressions used but
not defined in this Act and defined in the Code shall have the meanings
respectively assigned to them in the Code.
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(2) Any reference in this Act to
any enactment or any provision thereof shall, in relation to an
area in which such enactment or such provision is not in force,
be construed as a reference to the corresponding law or the relevant
provision of the corresponding law, if any, in force in that area.
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NATIONAL INVESTIGATION
AGENCY
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Constitution
of National Investigation Agency. |
3. (1) Notwithstanding
anything in the Police Act, 1861, the Central Government may constitute
a special agency to be called the National Investigation Agency
for investigation and prosecution of offences under theActs specified
in the Schedule.
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5 of 1861 |
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(2) Subject to any
orders which the Central Government may make in this behalf, officers
of theAgency shall have throughout India in relation to the investigation
of Scheduled Offences and arrest of persons concerned in such offences,
all the powers, duties, privileges and liabilities which police
officers have in connection with the investigation of offences committed
therein.
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(3) Any officer of the Agency of,
or above, the rank of Sub-Inspector may, subject to any orders which
the Central Government may make in this behalf, exercise throughout
India, any of the powers of the officer-in-charge of a police station
in the area in which he is present for the time being and when so
exercising such powers shall, subject to any such orders as aforesaid,
be deemed to be an officer-in-charge of a police station discharging
the functions of such an officer within the limits of his station.
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Superintendence of
National Investigation Agency. |
4. (1) The superintendence of the
Agency shall vest in the Central Government.
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(2) The administration of the
Agency shall vest in an officer designated as the Director-
General appointed in this behalf by the Central Government who
shall exercise in respect of the Agency such of the powers exercisable
by a Director-General of Police in respect of the police force
in a State, as the Central Government may specify in this behalf.
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Manner of constitution
of Agency and conditions of service of members. |
5. Subject to the provisions
of this Act, the Agency shall be constituted in such manner
as may be prescribed and the conditions of service of persons
employed in the Agency shall be such as may be prescribed.
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CHAPTER III
INVESTIGATION BY
THE NATIONAL INVESTIGATION AGENCY
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6. |
(1) On receipt of information and
recording thereof under section 154 of the Code relating to any
Scheduled Offence the officer-in-charge of the police station shall
forward the report to the State Government forthwith.
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Investigation of Scheduled Offences.
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(2) On receipt of the report under
sub-section (1), the State Government shall forward the report to
the Central Government as expeditiously as possible.
(3) On receipt of report from the
State Government, the Central Government shall determine on the
basis of information made available by the State Government or received
from other sources, within fifteen days from the date of receipt
of the report, whether the offence is a Scheduled Offence or not
and also whether, having regard to the gravity of the offence and
other relevant factors, it is a fit case to be investigated by the
Agency.
(4) Where the Central Government
is of the opinion that the offence is a Scheduled Offence and it
is a fit case to be investigated by the Agency, it shall direct
the Agency to investigate the said offence.
(5) Notwithstanding anything contained
in this section, if the Central Government is of the opinion that
a Scheduled Offence has been committed which is required to be investigated
under this Act, it may, suo motu, direct the Agency to investigate
the said offence.
(6) Where any direction has been
given under sub-section (4) or sub-section (5), the State Government
and any police officer of the State Government investigating the
offence shall not proceed with the investigation and shall forthwith
transmit the relevant documents and records to the Agency.
(7) For the removal of doubts, it
is hereby declared that till the Agency takes up the investigation
of the case, it shall be the duty of the officer-in-charge of the
police station to continue the investigation.
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7. While investigating any offence
under this Act, the Agency, having regard to the gravity of
the offence and other relevant factors, may-
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Power to transfer
investigation to State Government |
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(a) if it is expedient to do so,
request the State Government to associate itself with the investigation;
or
(b) with the previous approval of
the Central Government transfer the case to the State Government
for investigation and trial of the offence.
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(8. While investigating any Scheduled
Offence, the Agency may also investigate any other offence which
the accused is alleged to have committed if the offence is connected
with the Scheduled Offence.
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Power to investigate connected offences.
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8. While investigating any Scheduled
Offence, the Agency may also investigate any other offence which
the accused is alleged to have committed if the offence is connected
with the Scheduled Offence.
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9. The State Government shall
extend all assistance and co-operation to the Agency for investigation
of the Scheduled Offences.
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State Government to
extend assistance to National Investigation Agency. |
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10. Save as otherwise provided in
this Act, nothing contained in this Act shall affect the powers
of the State Government to investigate and prosecute any Scheduled
Offence or other offences under any law for the time being in force.
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Power of State Government to investigate
Scheduled Offences
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CHAPTER IV
SPECIAL COURTS
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Power of Central Government to
constitute Special Courts.
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11.
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(1) The Central Government shall,
by notification in the Official Gazette, for the trial of Scheduled
Offences, constitute one or more Special Courts for such area or
areas, or for such case or class or group of cases, as may be specified
in the notification.
(2) Where any question arises as
to the jurisdiction of any Special Court, it shall be referred to
the Central Government whose decision in the matter shall be final.
(3) A Special Court shall be presided
over by a judge to be appointed by the Central Government on the
recommendation of the Chief Justice of the High Court.
(4) The Agency may make an application
to the Chief Justice of the High Court for appointment of a Judge
to preside over the Special Court .
(5) On receipt of an application
under sub-section (4), the Chief Justice shall, as soon as possible
and not later than seven days, recommend the name of a judge for
being appointed to preside over the Special Court.
(6) The Central Government may, if
required, appoint an additional judge or additional judges to the
Special Court, on the recommendation of the Chief Justice of the
High Court.
(7) A person shall not be qualified
for appointment as a judge or an additional judge of a Special Court
unless he is, immediately before such appointment, a Sessions Judge
or an Additional Sessions Judge in any State.
(8) For the removal of doubts, it
is hereby provided that the attainment by a person appointed as
a judge or an additional judge of a Special Court of the age of
superannuation under the rules applicable to him in the service
to which he belongs shall not affect his continuance as such judge
or additional judge and the Central Government may by order direct
that he shall continue as judge until a specified date or until
completion of the trial of the case or cases before him as may be
specified in that order.
(9) Where any additional judge or
additional judges is or are appointed in a Special Court, the judge
of the Special Court may, from time to time, by general or special
order, in writing, provide for the distribution of business of the
Special Court among all judges including himself and the additional
judge or additional judges and also for the disposal of urgent business
in the event of his absence or the absence of any additional judge.
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Place of sitting.
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12. A Special Court may, on its own motion, or on
an application made by the Public Prosecutor and if it considers
it expedient or desirable so to do, sit for any of its proceedings
at any place other than its ordinary place of sitting.
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Jurisdiction of Special Courts.
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13. (1) Notwithstanding anything
contained in the Code, every Scheduled Offence investigated by the
Agency shall be tried only by the Special Court within whose local
jurisdiction it was committed.
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(2) If, having regard to the exigencies
of the situation prevailing in a State if,-
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(a) it is not possible to have a
fair, impartial or speedy trial; or
(b) it is not feasible to have the trial without occasioning the
breach of peace or grave risk to the safety of the accused, the
witnesses, the Public Prosecutor or a judge of the Special Court
or any of them; or
(c) it is not otherwise in the interests of justice,
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the Supreme Court may transfer any
case pending before a Special Court to any other Special Court within
that State or in any other State and the High Court may transfer
any case pending before a Special Court situated in that State to
any other Special Court within the State.
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(3) The Supreme Court or the High
Court, as the case may be, may act under this section either on
the application of the Central Government or a party interested
and any such application shall be made by motion, which shall, except
when the applicant is the Attorney-General for India, be supported
by an affidavit or affirmation.
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14.
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.(1) When trying any offence, a Special
Court may also try any other offence with which the accused may,
under the Code be charged, at the same trial if the offence is connected
with such other offence.
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Powers of Special Courts with respect
to other offences.
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(2) If, in the course of any trial
under this Act of any offence, it is found that the accused person
has committed any other offence under this Act or under any other
law, the Special Court may convict such person of such other offence
and pass any sentence or award punishment authorised by this Act
or, as the case may be, under such other law.
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15.
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.(1) 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 or group of cases a Special
Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public
Prosecutor or anAdditional Public Prosecutor or a Special Public
Prosecutor under this section unless 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 (u) of section 2 of the Code, and the provisions of the Code
shall have effect accordingly.
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Public
Prosecutors |
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16.
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(1)A Special Court may take cognizance
of any offence, without the accused being committed to it for
trial, upon receiving a complaint of facts that constitute such
offence or upon a police report of such facts.
(2) Where an offence triable
by a Special Court is punishable with imprisonment for a term
not exceeding three years or with fine or with both, the Special
Court may, notwithstanding anything contained in sub-section
(1) of section 260 or section 262 of the Code, try the offence
in a summary way in accordance with the procedure prescribed
in the Code and the provisions of sections 263 to 265 of the
Code shall, so far as may be, apply to such trial:
Provided that when, in the course
of a summary trial under this sub-section, it appears to the
Special Court that the nature of the case is such that it is
not desirable to try it in a summary way, the Special Court
shall recall any witnesses who may have been examined and proceed
to re-hear the case in the manner provided by the provisions
of the Code for the trial of such offence and the said provisions
shall apply to, and in relation to, a Special Court as they
apply to and in relation to a Magistrate:
Provided further that in the
case of any conviction in a summary trial under this section,
it shall be lawful for a Special Court to pass a sentence of
imprisonment for a term not exceeding one year and with fine
which may extend to five lakh rupees.
(3) Subject to the other provisions
of this Act, a Special Court shall, for the purpose of trial
of any offence, 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 the trial before a Court of Session.
(4) Subject to the other provisions
of this Act, every case transferred to a Special Court under sub-section
(2) of section 13 shall be dealt with as if such case had been transferred
under section 406 of the Code to such Special Court.
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Procedure
and powers of Special Courts. |
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(5) Notwithstanding anything contained
in the Code, but subject to the provisions of section 299 of the
Code, a Special Court may, if it thinks fit and for reasons to be
recorded by it, proceed with the trial in the absence of the accused
or his pleader and record the evidence of any witness, subject to
the right of the accused to recall the witness for cross-examination.
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Protection of witnesses.
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17.
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(1) Notwithstanding anything
contained in the Code, the proceedings under this Act may, for
reasons to be recorded in writing, be held in camera if the
Special Court so desires.
(2) On an application made by
a witness in any proceeding before it or by the Public Prosecutor
in relation to such witness or on its own motion, if the Special
Court is satisfied that the life of such witness is in danger,
it may, for reasons to be recorded in writing, take such measures
as it deems fit for keeping the identity and address of such
witness secret.
(3) In particular, and without
prejudice to the generality of the provisions of sub- section
(2), the measures which a Special Court may take under that
sub-section may include-
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(a) the holding of the proceedings
at a place to be decided by the Special Court;
(b) the avoiding of the mention of
the names and addresses of the witnesses in its orders or judgments
or in any records of the case accessible to public;
(c) the issuing of any directions
for securing that the identity and address of the witnesses are
not disclosed; and
(d) a decision that it is in the
public interest to order that all or any of the proceedings pending
before such a Court shall not be published in any manner.
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(4) Any person who contravenes
any decision or direction issued under sub-section (3) shall
be punishable with imprisonment for a term which may extend
to three years and with fine which may extend to one thousand
rupees.
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Sanction for prosecution
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18. No prosecution, suit or other
legal proceedings shall be instituted in any court of law, except
with the previous sanction of the Central Government, against any
member of the Agency or any person acting on his behalf in respect
of anything done or purported to be done in exercise of the powers
conferred by this Act.
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Trial by Special Court to have
precedence.
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19. The trial under this Act of any
offence by a Special Court shall be held on day-to- day basis on
all working days and have precedence over the trial of any other
case against the accused in any other court (not being a Special
Court) and shall be concluded in preference to the trial of such
other case and accordingly the trial of such other case shall, if
necessary, remain in abeyance.
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Power to transfer cases to regular
courts.
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20. Where, after taking cognizance
of any offence, a Special Court is of the opinion that the offence
is not triable by it, it shall, notwithstanding that it has no jurisdiction
to try such offence, transfer the case for the trial of such offence
to any court having jurisdiction under the Code and the Court to
which the case is transferred may proceed with the trial of the
offence as if it had taken cognizance of the offence.
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Appeals.
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21.
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(1) Notwithstanding anything
contained in the Code, an appeal shall lie from any judgment,
sentence or order, not being an interlocutory order, of a Special
Court to the High Court both on facts and on law.
(2) Every appeal under sub-section
(1) shall be heard by a bench of two Judges of the High Court
and shall, as far as possible, be disposed of within a period
of three months from the date of admission of the appeal.
(3) Except as aforesaid, no appeal
or revision shall lie to any court from any judgment, sentence
or order including an interlocutory order of a Special Court.
(4) Notwithstanding anything
contained in sub-section (3) of section 378 of the Code, an
appeal shall lie to the High Court against an order of the Special
Court granting or refusing bail.
(5) Every appeal under this section
shall be preferred within a period of thirty days from the date
of the judgment, sentence or order appealed from:
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Provided that the High Court may
entertain an appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant had sufficient cause
for not preferring the appeal within the period of thirty days:
Provided further that no appeal shall
be entertained after the expiry of period of ninety days.
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22.
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(1) The State Government may constitute
one or more Special Courts for the trial of offences under any or
all the enactments specified in the Schedule.
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Power of State Government to constitute
Special Courts.
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(2) The provisions of this Chapter
shall apply to the Special Courts constituted by the State Government
under sub-section (1) and shall have effect subject to the following
modifications, namely-
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(i) references to "Central Government"
in sections 11 and 15 shall be construed as references to State
Government;
(ii) reference to "Agency" in
sub-section (1) of section 13 shall be construed as a reference
to the "investigation agency of the State Government";
(iii) reference to "Attorney-General
for India" in sub-section (3) of section 13 shall be construed as
reference to "Advocate-General of the State".
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(3) The jurisdiction conferred by
this Act on a Special Court shall, until a Special Court is constituted
by the State Government under sub-section (1) in the case of any
offence punishable under this Act, notwithstanding anything contained
in the Code, be exercised by the Court of Session of the division
in which such offence has been committed and it shall have all the
powers and follow the procedure provided under this Chapter.
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(4) On and from the date when the
Special Court is constituted by the State Government the trial of
any offence investigated by the State Government under the provisions
of this Act, which would have been required to be held before the
Special Court, shall stand transferred to that Court on the date
on which it is constituted.
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MISCELLANEOUS
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23. The High Court may, by notification
in the Official Gazette, make such rules, as it may deem necessary
for carrying out the provisions of this Act relating to Special
Courts within its territory.
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Power
of High Courts to make rules. |
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24.
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(1) If any difficulty arises
in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette make
such provisions, not inconsistent with the provisions of this
Act, as may appear to it to be necessary or expedient for removing
the difficulty:
Provided that no order shall
be made, under this section after the expiration of two years
from the commencement of this Act.
(2) Every order made under this section
shall be laid, as soon as may be after it is made, before each House
of Parliament.
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Power
to remove difficulties. |
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25.
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(1) The Central Government may, by
notification in the official Gazette, make rules for carrying out
the provisions of this Act.
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Power
to make rules. |
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(2) In particular, and without
prejudice to the generality to the foregoing power, such rules
may provide for all or any of the following matters, namely:-
(a) the manner of constitution of
the Agency and the conditions of service of persons employed in
the Agency under section 5;
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(b) any other matter which is required
to be, or may be, prescribed.
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Laying of rules.
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26. Every rule made by the Central
Government under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agrees in making any modification
in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
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THE SCHEDULE
[See section
2(1)(f)]
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1. The Atomic Energy Act, 1962 (33
of 1962);
2. The Unlawful Activities (Prevention)
Act, 1967 (37 of 1967);
3. The Anti-Hijacking Act, 1982 (65
of 1982);
4. The Suppression Unlawful Acts
Against Safety of Civil Aviation Act, 1982 (66 of 1982);
5. The SAARC Convention (Suppression
of Terrorism) Act, 1993 (36 of 1993);
6. The Suppression of Unlawful Acts
Against Safety of Maritime Navigation and Fixed Platforms on Continental
Shelf Act, 2002 (69 of 2002);
7. The Weapons of Mass Destruction
and Their Delivery Systems (Prohibition of Unlawful Activities)
Act, 2005 ( 21of 2005);
8. Offences under-
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(a) Chapter VI of the Indian Penal
Code [sections 121 to 130 (both inclusive)];
(b) Sections 489-A to 489-E (both inclusive) of the Indian Penal
Code.
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9
LOK SABHA
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A
BILL
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to constitute an investigation agency
at the national level to investigate and prosecute offences affecting
the sovereignty, security and integrity of India, security of State,
friendly relations with foreign States and offences under Acts enacted
to implement international treaties, agreements, conventions and
resolutions of the United Nations, its agencies and other international
organisations and for matters connected therewith or incidental
thereto.
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MGIPMRND-4501LS(S-5)-17.12.2008. |
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