Section 13
Constitution of Special Tribunals. Repealed
The Defence of India Act, 1962
About this Act
An Act to provide for special measures to ensure the public safety and interest, the defence of India and civil defence and for the trial of certain offences and for matters connected therewith.
(1) The State Government may, for the whole or any part of
the State, constitute one or more Special Tribunals which or each of which shall consist of three members
appointed by that Government.
(2) No person shall be appointed as a member of a Special Tribunal unless he—
(a) is qualified under clause (2) of article 217 of the Constitution for appointment as a Judge of a High Court; or
(b) has for a total period of not less than three years exercised, whether continuously or not, the powers under the Code of Criminal Procedure, 1898 (5 of 1898) (hereafter in this Chapter referred to as the Code) of any one or more of the following, namely:—
(i) Sessions Judge, Additional Sessions Judge, Chief Presidency Magistrate, Additional Chief Presidency Magistrate,
(ii) District Magistrate, Additional District Magistrate.
(3) At least one member of a Special Tribunal shall be qualified for appointment thereto under clause (a) of sub-section (2), and where only one member is so qualified under that clause, at least one other member shall be qualified for appointment under clause (b) of that sub-section by virtue of having exercised powers exclusive of those specified in sub-clause (ii) of the said clause (b).
(2) No person shall be appointed as a member of a Special Tribunal unless he—
(a) is qualified under clause (2) of article 217 of the Constitution for appointment as a Judge of a High Court; or
(b) has for a total period of not less than three years exercised, whether continuously or not, the powers under the Code of Criminal Procedure, 1898 (5 of 1898) (hereafter in this Chapter referred to as the Code) of any one or more of the following, namely:—
(i) Sessions Judge, Additional Sessions Judge, Chief Presidency Magistrate, Additional Chief Presidency Magistrate,
(ii) District Magistrate, Additional District Magistrate.
(3) At least one member of a Special Tribunal shall be qualified for appointment thereto under clause (a) of sub-section (2), and where only one member is so qualified under that clause, at least one other member shall be qualified for appointment under clause (b) of that sub-section by virtue of having exercised powers exclusive of those specified in sub-clause (ii) of the said clause (b).