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THE ORISSA SPECIAL COURTS (AMENDMENT) ACT, 1993
THE ORISSA SPECIAL COURTS (AMENDMENT) ACT, 1993
Orissa Act 23 of 1993
[Received the assent of the Governor on the 27th November 1993, first published in an extraordinary issue of the Orissa Gazette dated the 8th December 1993.
An act to amend the Orissa Special courts act, 1990.
Be it enacted by the Legislature of the State of Orissa in the Forty-fourth Year of the Republic of India as follows:—
1. Short title and commencement.
(1) This Act may be called the Orissa Special Courts (Amendment) Act, 1993.
(2) It shall be deemed to have come into force on the 13th day of August, 1993.
2. Amendment of section 2.
In Section 2 of the Orissa Special Courts Act, 1990 (hereinafter referred to as the principal Act), for clause (a), the following clause shall be substituted, namely:—
(a) 'authorised officer' means any officer not below the rank of a District Judge to be nominated by the State Government with the concurrence of the High Court for the purpose of Section 13;".
3. Amendment of section 5.
In Section 5 of the principal Act, in sub-section (1) the words "and that the of said office ought to be dealt with under the Act" shall be omitted.
4. Amendment of section 11.
In the principal Act, Section 11 shall he renumbered as sub-section (J) thereof and, after sub-section (1) as so renumbered, the following sub-section shall be inserted namely: —
"(2) The Special Court shall endeavour to dispose of the trial of the case within a period of one year from the date of its institution or transfer, as the case may be.".
5. Amendment of section 14.
In section 14 of the principal Act, after-sub-section (2), the following sub-section of shall be inserted, namely:—
"(3) Notwithstanding anything contained in sub-section (1), evidence information and particulars brought on record before the authorised office by the person affected shall not be used against him in the trial before the Special Court."
6. Omission of section 16.
Section 16 of the principal Act shall be omitted.
7. Amendment of section 19.
In Section 19 of the principal Act, to sub-section (1), the following proviso shall be added, namely:-
"Provided that the authorised Officer, on an application made in that behalf and being satisfied that the person affected is residing in the property in question, may, instead of dispossessing him from the same, permit such person to occupy it on payment of market rent to the State Government.".
8. Repeal and Savings.
(1) The Orissa Special Courts (Amendment) Ordinance, 1993 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by tie said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.
