Establishment of Special Courts
(1) The Central Government may, for the purpose of providing speedy trial of 2[offences under this Act, except under section 452, by notification] establish or designate as many **Special Courts as may be necessary.
(2) A **Special Court shall consist of—
(a) a single judge holding office as Session Judge or Additional Session Judge, in case of offences punishable under this Act with imprisonment of two years or more; and
(b) a Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other offences,
who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.]
Note:
**1. Designation of Special Court, Notification Dated 05.02.2017.
2. Designation of special court for the state of Uttar Pradesh, Notification Dated 23.04.2018
3. Designation of Special Court, Notification Dated 05.09.2018
4. Notification Dated 27th November 2020
5. Special Court Notification under section 435 of the Companies Act, 2013 dt 19.08.2021
Amendment
1. Substituted by the Companies (Amendment) Act,2017:- Amendment Effective from 7th May 2018
2. Substituted by the Companies (Amendment) Act,2020 Amendment Effective from 22nd January 2021
in sub section 1 for the words ““offences under this Act, by notification”
the following shall be substituted namely
offences under this Act, except under section 452,by notification
Notification under Section 435
1. Notification Dated 28th August 2019
2. Notification Dated 28th August 2019
3. Notification Dated 19th December 2019
Original Omitted Content – 435. (1) The Central Government may, for the purpose of providing speedy 1[trial of offences punishable under this Act with imprisonment of two years or more], by #notification, establish or designate as many Special Courts as may be necessary.
2[Provided that all other offences shall be tried, as the case may be, by a Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law.]
(2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.
(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appointment, holding office of a Sessions Judge or an Additional Sessions Judge.
Note:
# (1) Designation of Special Court, Notification Dated 01.09.2016.
(2) Designation of Special Court, Notification Dated 17.11.2016.
(3) Designation of Special Court, Notification Dated 03.11.2017.
(4) Designation of Special Court, Notification Dated 04.12.2017.
Amendment
1. Substituted by Companies (Amendment) Act,2015 with effect from 29th May, 2015.
In sub-section(1) for the words “trial of offences under this Act”, the words “trial of offences punishable under this Act with imprisonment of two years or more” shall be substituted.
2. Inserted by Companies (Amendment) Act,2015 with effect from 29th May, 2015.
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