5Establishment of Special Court
(1) The Central Government shall, by notification in the Official Gazette, establish a Court to be called the Special Court.
(2) The Special Court shall consist of 1 [one or more sitting Judges] of the High Court nominated by the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated, with the concurrence of the Chief Justice of India.
2 [(3) When the office of 3 [a Judge of the Special Court is vacant by reason of absence or leave, the duties of the office shall be performed by such Judge of the High Court within the local limits of whose jurisdiction the Special Court is situated as the Chief Justice of that High Court may, with the concurrence of the Chief Justice of India, nominate for the purpose and the Judge so appointed shall have all the jurisdiction and powers of 3 [a Judge of the Special Court including the powers to pass final orders.]
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1 Subs. by Act 6 of 1997, s. 2 for "a sitting Judge"(w. e. f. 16-1-1997).
2 Ins. by Act 24 of 1994, s. 2(w. e. f. 25-1-1994).
3 Subs. by Act 6 of 1997, s. 2, for "the Judge of the Special Court" (w. e. f. 16-1-1997).
- 1 Short title and commencement
- 2 Definitions
- 3 Appointment and functions of Custodian
- 4 Contracts entered into fraudulently may be cancelled
- 5 Establishment of Special Court
- 5A Distribution of cases amongst Judges of Special Court
- 6 Cognizance of cases by Special Court
- 7 Jurisdiction of Special Court
- 8 Jurisdiction of Special Court as to joint trials
- 9 Procedure and powers of Special Court
- 9A Jurisdiction, powers, authority and procedure of Special Court in civil matters
- 9B Powers of the Special Court in arbitration matters
- 10 Appeal
- 11 Discharge of liabilities
- 11A Power to punish for contempt
- 12 Protection of action taken in good faith
- 13 Act to have overriding effect
- 14 Power to make rules
- 15 Repeal and savings