(1) These
Rules may be called the Petty Offence (Trial by Special Judicial Magistrates)
Rules, 1996. (2) the
extend to whole of the State of Punjab. (3) They
shall come into force from the date they are published in the official gazette. In these Rules, unless context
otherwise requires. (a) Code
shall mean the Code of Criminal Procedure, 1973. (b) Offence
shall have the same meaning as assigned to it in the Code. (c) Petty
Offence. - (1) Petty
Offence mean the offence listed in the following provisions : (i) Section
320 Cr.P.C. Table I & II excluding offence under Sections 324, 325. 335,
344, 357, 379, 381, 406, 407, 408, 411, 414, 418, 419, 420, 429, 430, 451 and
494 IPC. (ii) Sections
160, 279, 294 and 336 of the Indian Penal Code. (iii) all the
offences under any Act which are punishable up to two years imprisonment. (iv) The Chief
Justice may from time to time assign any other type of cases to be decided by
the Special Judicial Magistrates. (d) Definition,
given in Section 2 of the Code shall hold good for these rules. A person shall not be qualified
for appointment as a Special Judicial Magistrate unless he ? (a) has been
a District Magistrate or Judicial Officer; or (b) has for a
period of not less than six months exercised the powers of a Sub-Divisional
Magistrate; or (c) has for a
period of not less than three years exercised the powers of an Executive Magistrate;
or (d) has for
at least three years been an advocate of a High Court before his entry into
Government Service; or (e) has
obtained a degree in law as specified in clause (c) of sub-section (1) of
Section 24 of the Advocate Act, 1961 and worked for at least three years on a
gazetied post, involving the exercise of judicial functions. (i) ?? The penal of suitable persons for appointment
as Special Judicial Magistrate would be prepared by District and
Sessions Judge of that Sessions Division in consultation with the District
Magistrate; (ii) ? The penal of suitable persons prepared by
District and Sessions Judge shall be forwarded to the High Court; [1][(iii)
High Court shall appoint such person as Special Judicial Magistrates who have been
selected by the High Court from the panel forwarded by the District and
Sessions Judge;) (iv) ? Special Judicial Magistrate shall exercise
same powers as conferred by the ode on Judicial Magistrate 1st Class. (i) The
Special Judicial Magistrate, before entering upon his office. shall take oath
as has been prescribed for the Judicial Magistrate. The oath shall he administered
by the district and Sessions Judge were Special Judicial Magistrate is posted. (ii) Every
Special Judicial Magistrate shall undergo training for one month with the
District and Sessions Judge/Chief Judicial Magistrate of the District where he
is posted. Provided that the Chief Justice may exempt any such appointee from
training. (iii) Special
Judicial Magistrate shall be under the administrative control of District and
Sessions Judge. (i) The term
of the office of the Special Judicial Magistrate shall be one year which may be
renewed by the High Court; (ii) Chief
Justice by a Special order may provide for remuneration and other allowances of
the Special Judicial Magistrate as well as of the staff. The State Government shall provide
Court building and the staff to the Special Judicial Magistracy in consultation
with the Chief Justice. (i) All petty
offences shall be tried by Special Judicial Magistrate unless the High Court
directs otherwise; (ii) All the
petty offences shall be tried in a summary way as per procedure laid down in
Section 260 of the Code. (iii) When in
the course of summary trial it appears to the Special Judicial Magistrate that
the nature of the case is such that it is undesirable to try it summarily, he shall
refer the case to District and Sessions Judge for entrusting it to any Judicial
Magistrate competent to decide the same. Special Judicial Magistrate, in
relation to petty offences defined above, shall have the same provision as to
bails and bonds as are provided in the Code. The Chief Justice may, by Special
Order, provide for orientation course for Special Judicial Magistrate, and
determine its duration place, staff and its remuneration. Special Judicial Magistrate's
qualification (Punjab and Haryana) Rules, 1977. shall stand repealed on the
date these rules come into force. THE PETTY
OFFENCE (TRIAL BY SPECIAL JUDICIAL MAGISTRATES) RULES, 1996