BENGAL SPECIAL TRIBUNALS (CONTINUANCE) ACT, 1946

Preamble - BENGAL SPECIAL TRIBUNALS (CONTINUANCE) ACT, 1946

 

THE BENGAL SPECIAL TRIBUNALS (CONTINUANCE) ACT, 1946

[Act No. 12 of 1946]

[30th September, 1946]

PREAMBLE

An Act to provide for the continuance of the Special Tribunals at Calcutta constituted under the Criminal Law Amendment Ordinance, 1943.

Whereas by notifications of the Central Government under section 3 of the Criminal Law Amendment Ordinance, 1943 (XXIX of 1943), two Special Tribunals were constituted to sit at Calcutta, and under section 5 thereof certain cases were allotted to them for trial;

And whereas upon the expiration, of a period of sis months after the Proclamation of Emergency in force at the commencement of the said Ordinance has ceased to operate, doubts may arise as to the competency of the said Tribunals to continue to function and dispose of the cases not disposed of before the expiration of the said period;

And whereas it is necessary that the said Tribunals should so continue to function and dispose of the said cases;

It is hereby enacted as follows:-

 

Section 1 - Short title and commencement

 

(1)     This Act may be called the Bengal Special Tribunals (Continuance) Act, 1946.

 

(2)     It shall come into force on the 1st day of October, 1946.

Section 2 - Definitions

 

In this Act,-

(1)     "the Ordinance" means the Criminal Law Amendment Ordinance, 1943;

 

(2)     "the Tribunals" means the Special Tribunals sitting at Calcutta known as the First Special Tribunal at Calcutta and the Second Special Tribunal at Calcutta, constituted by notifications of the Central Government under section 3 of the Ordinance.

 

Section 3 - Continuance of the Tribunals

 

(1)     The Tribunals shall have jurisdiction to try all cases allotted to them under the Ordinance and not disposed; of before the commencement of this Act, as if the Tribunals had been constituted by or under [1][a Provincial Act or a State Act].

 

(2)     All provisions of the Ordinance except sub-section (1) of section 5 shall continue in force and apply in relation to the Tribunals and the cases aforesaid, subject to the modification that the powers of the Central Government under clause (b) of section 3, sub-section (3) of section 4 and section 11 shall, as from the commencement of this Act, be powers of the 2[State] Government.

 

 

(3)     All notifications issued, all appointments and all rules made, by the Central Government under section 3, sub-section (3) 'of section 4 and section 11, respectively, of the Ordinance shall so far as' they apply to the Tribunals, continue in force until superseded or modified by the [2][State] Government under this Act.

 

(4)     For the avoidance of doubt it is hereby declared that all proceedings had before, and all orders issued by, the Tribunals under the Ordinance before the commencement of this Act shall continue to have effect, and it shall not be necessary for the Tribunals to recommence any of the said proceedings or re-issue any of the said orders.