GOVERNMENT COMPANY

GOVERNMENT COMPANY:

company

 

Sections 435: Special Courts Establishment.

The Central Government is a Government company member, the Central Government shall cause a working annual report and the company affairs to be

a, Prepared its annual general meeting within three months before in which the Comptroller gave the comments and the Auditor-General of India and the report of the audit is placed  to sub-section (6) of section 143 under the proviso and

b, Immediately after such preparation, laid before the Houses of Parliament together with the audit report copy and upon comments or  the audit report supplement which the Comptroller made and the Auditor General of India.

2. In addition to the Central Government, any State Government is also a Government company member, that State Government shall cause an annual report copy prepared under sub-section (1) to be laid before the House or of the State Legislature both houses together with the audit report copy and upon the comments or audit report supplement referred to in sub-section (1).

Section 395: Annual reports where one or more State Governments are companies members

The Central Government is not a Government company member, every State Government is a company member or where only one state Government is a company member, that State Government can cause working annual report and company affairs to be.

a, prepared within the specified time in sub-section (1) of section 394 and

b, Immediately after such preparation, laid before both houses of the State Legislature or the House together with audit report copy and comments upon the audit report supplement referred in that section of sub-section (1).

2. This section provisions and section 394 shall, so far as may be, apply to a Government company in the liquidation to any other company that may be applied.

Section 435: Special courts establishment

1, The Central Government may for the purpose of speedy trial of offences providing under this Act, by notification, designate or establish as may be necessary as many Special Courts.

2. A Special Court that consists of the single judge that can be appointed by the Central Government with the High Court  Chief Justice concurrence within whose jurisdiction the appointed judge is working.

3. A person shall not be qualified for appointment as a Special Court judge unless he is, immediately before such appointment, holding the office of a sessions judge or an Additional Sessions judge.

Section 436: Special Courts Triable offences 

1, Notwithstanding contained anything in the Criminal Code Procedure, 1973 (2 of 1974)

Under this act, an every offence shall be triable with the Special court only established for the area in which the company registered office in relation to which the committed offence or where there are more Special Courts more than one for such area, by such among one in this behalf by the concerned high court as may be specified.

b. An accused person or the commission suspected an offence under this is forwarded Act to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Criminal Code procedure, 1973 (2 of 1974), such Magistrate may authorise such person detention in such custody as he thinks fit for a period should not exceed the whole fifteen days where such Magistrate is Judicial Magistrate and the whole seven days where such Magistrate is an Executive Magistrate.

Provided that where such Magistrate considers that upon such person detention or before the unnecessary expired detention period, he shall order such person to the Special Court to be forwarded having jurisdiction,

c,  May exercise the Special Court , in relation to the forwarded person to it under clause (b), the same power which a Magistrate having jurisdiction to try a case of the Criminal Code Procedure, 1973 (2 of 1974) under section 167 in relation to a person who is accused who has been forwarded to him under that section and

d, A Special Court may, upon police report perusal of the fact under this Act constituting an offence or in that behalf upon a complaint , take that offence cognizance not with the accused that was committed to it for trial.

2. Under this Act try an offence, other than Act a Special Court may also try offence under this Act with which the accused may, under the Criminal Code Procedure, 1973 (2 of 1974) at the same trial be charged.

3.  Anything contained in the Criminal Code Procedure, 1973 (2 of 1974) notwithstanding, if it thinks fit, the Special court may try in a summary way under this Act any offence that is punishable for a term with imprisonment not exceeding three years.

Provided of any conviction in the case in a summary trial, no sentence of imprisonment for an exceeding term one year shall be passed.

Provided further that when at the commencement of, or in the court of, a summary trial that appears to the Special Court that the case nature in such that the imprisonment sentence for an exceeding term may have to be passed for one year or that it is, for another reason summarily undesirable try the case, the Special Court shall, after hearing the parties, record to that effect an order and thereafter recall any witnesses who may have been proceed and examined to rehear or hear the case in accordance with the regular trial procedure.

SECTION 167 OF CODE OF CRIMINAL PROCEDURE 1973.

The procedure that cannot be completed investigation for twenty four hours.

167. (1) If any person is detained and arrested in custody, and then the investigation cannot be completed within the twenty-four hours period  fixed by section 57, and there are grounds for believing that the information or well-founded accusation, then the in charge of the police station or the investigation which the police officer makes, if he is not below the sub-inspector rank, shall transmit forthwith to the nearest Judicial Magistrate a entries copy in the diary hereinafter relating to the case prescribed, and shall  forward the accused to that magistrate along with at the same time.

2. The Magistrate to whom a forwarded accused person under this section may, whether he has or to try the case has no jurisdiction, from time to time, authorize the accused detention in such custody as that Magistrate thinks fit, for a term does not exceed whole fifteen days and if he has no jurisdiction for case trial or commit it for trail and considers further unnecessary detention, he may order the forwarded accused to a Magistrate having such jurisdiction:

Provide that –

the Magistrate may authorise the accused person detention, otherwise than in the police custody, beyond fifteen days period, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the accused person detention under this paragraph in the custody for exceeding the total period

1, Ninety days, where the investigation relates to any other offence, with death imprisonment punishment for a term of not less than ten years or imprisonment for a term.

2, Sixty days, to any other offence where the investigation relates or on the said period of ninety days  or sixty days, as the case may be, if he is prepared then the accused person shall be released on bail  and does bail furnish and every person released on bail under this subsection shall be deemed to be released under the Chapter XXXII of that Chapter for the purposes.

b, No Magistrate shall authorise the accused detention in police custody under this section unless the  accused in person produced for the first time before him and subsequently all the time till the accused remains in the police custody, but the magistrate may exceed further detention in judicial custody on production of the accused either in person or through the of electronic video linkage medium.

c, No magistrate of the second class, not empowered especially by the High Court in this behalf,  shall authorise detention in the police custody.

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