(1) The State Government may, for the purposes of providing
speedy trial of offences referred to in 1[sections 135 to 140 and section 150], by notification in the
Official Gazette, constitute as many Special Courts as may be necessary for such area or areas, as may be
specified in the notification.
(2) A Special Court shall consist of a single Judge who shall be appointed by the State Government
with the concurrence of the High Court.
(3) A person shall not be qualified for appointment as a Judge of a Special Court unless he was,
immediately before such appointment, an Additional District and Sessions Judge.
(4) Where the office of the Judge of a Special Court is vacant, or such Judge is absent from the
ordinary place of sitting of such Special Court, or he is incapacitated by illness or otherwise for the
performance of his duties, any urgent business in the Special Court shall be disposed of--
(a) by a Judge, if any, exercising jurisdiction in the Special Court;
(b) where there is no such other Judge available, in accordance with the direction of District and
Sessions Judge having jurisdiction over the ordinary place of sitting of Special Court, as notified
under sub-section (1). STATE AMENDMENTS
Maharashtra.--
Amendment of section 153 of Act (36 of 2003).--In section 153 of the principal Act, after sub-section (4), the
following sub-section shall be added, namely:--
"(5) Where no Special Court for any area or areas has been constituted under sub-section (1), one or more
Additional District and Sessions Judges, as may be designated by the High Court, for such area or areas, from time
to time, shall exercise the powers of the Special Court under this Act and any Judge so designated shall be deemed
to be a special Court for the purposes of this Act."
[Vide Maharashtra Act 36 of 2005, s. 3]
Notes:
1. Subs. by Act 26 of 2007, s. 17, for "sections 135 to 139" (w.e.f. 15-6-2007).