valid as on 07/11/2024

Section 435. Establishment of Special Courts
Effective form 18-05-2016 Effective from 07-05-2018

(1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification 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.

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

(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.

Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 7th May,2018.

To view commencement notification,Click Here

To view the notification of Companies Amendment Act,2017 Click Here

Substituted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 22.01.2021. To view the Act, Click Here and to view the commencement notification, Click Here.
Central Government notifies certain courts as Special Courts for the purpose of trial of offences punishable with imprisonment of two years or more in terms vide notification dated 18/05/2016, 27/07/2016, 01/09/2016, 17/11/2016, 23/03/2017, 31/08/2017, 03/11/2017, 04/12/2017, 05/02/2018 ,23/04/2018, 05/09/2018, 17/07/2019, 28/08/2019,19/12/2019, 27/11/2020 and 19.08.2021. To view the notification,Click Here
substituted by the Companies (Amendment) Act, 2015 (21 of 2015), dated 25th May, 2015, with effect from 29th May 2015 vide notification S.O. 1440(E).To view the Act,Click Here
2(58) Notification means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly
inserted by the Companies (Amendment) Act, 2015 (21 of 2015), dated 25th May, 2015, with effect from 29th May 2015 vide notification S.O. 1440(E). To view the Act,Click Here

Amendment to Notification No. S.O. 1796(E) dated 18.05.2016 vide Notification dated 19.12.2019


Amendment to Notification No. S.O. 1796(E) dated 18.05.2016 vide notification dated 28.08.2019


Commencement Notification dated 07/05/2018


Commencement Notification S.O. 325(E) dated 22.01.2021 under Companies (Amendment) Act, 2020


Companies (Amendment) Act, 2020 dated 28.09.2020


Designated special court for the state of Nagaland, Mizoram and Arunachal Pradesh


Designated Special Court S.O 3464 (E) dated 17/11/2016


Designation of a Special Court [S.O. 3403(E)] dated 19.08.2021


Designation of Special Court [S.O.2843(E)] dated 01/09/2016


Designation of Special Court dated 03/11/2017


Designation of Special Court dated 04/12/2017


Designation of special court dated 31/08/2017


Designation of Special Court for State of Uttar Pradesh vide notification dated 23.04.2018


Designation of Special Court for the state of Telangana and Andhra Pradesh dated 23/03/2017


Designation of Special Courts [S.O. 4283(E)] dated 27.11.2020


Designation of Special Courts dated 5.02.2018


Designation of Special Courts S.O 2554 (E) dated 27/07/2016


Designation of Special Courts S.O. 1796(E) dated 18/05/2016

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 18th May, 2016

S.O. 1796 (E).—In exercise of the powers conferred by sub-section (1) of section 435 of the Companies Act, 2013 (18 of 2013), the Central Government hereby, after obtaining the concurrence of the respective Chief Justices of the High Courts, designates the following Courts mentioned in the Table below as Special Courts for the purposes of trial of offences punishable under the Companies Act, 2013 with imprisonment of two years or more in terms of section 435 of the Companies Act, 2013, namely:-

TABLE

Sl. No.Existing CourtJurisdiction as Special Court
(1)(2)(3)
1Courts of Additional Sessions Judges Anti-corruption, Jammu and Srinagar (substituted vide notification dated 19.12.2019)
Courts of Additional Special Judge, Anti-Corruption at Jammu and Srinagar
Union territory of Jammu and Kashmir (substituted vide notification dated 19.12.2019)
State of Jammu and Kashmir
2Presiding Officers of Court No’s. 37 and 58 of the City Civil and Sessions Court, Greater MumbaiWhole State of Maharashtra except Pune, Ahmednagar, Kolhapur, Solapur, Satara, Sangli, Ratnagiri and Sindhudurg districts of the State of Maharashtra State of Maharashtra
(substituted vide notification dated 28.08.2019)
3Court of Principal District and Sessions Judge, Union territory of Dadra and Nagar Haveli at Silvassa.Union Territories of Dadra and Nagar Haveli and Daman and Diu
4Court of District Judge-1 and Additional Sessions
Judge, Panaji.
State of Goa
5Court of Principal District and Sessions Judge, Ahmedabad (Rural), situated at Mirzapur, Ahmedabad.State of Gujarat
69th Additional Sessions Judge, Gwalior Madhya Pradesh.State of Madhya Pradesh
7Court of Additional District and Session Judge, Port Blair, Andaman and Nicobar Islands.Union territory of Andaman and Nicobar Islands.
82nd Special Court, Calcutta.State of West Bengal

2. The aforesaid Courts mentioned in column number (2) shall exercise the jurisdiction as Special Courts in respect of jurisdiction mentioned in column number (3).


Enforcement Notification S.O. 1440(E) dated 29/05/2016


Enforcement Notification S.O. 1795(E) dated 18/05/2016


Establishment of special court vide notification dated 28.08.2019


MCA Notification S.O. 2445 (E). dated 24.07.2020 Section 435


Notification designating Special Court for the State of Maharashtra dated 17.07.2019


Notification designating Special Courts having jurisdiction of Jammu and Kashmir, Uttarakhand and Ladakh dated 19.12.2019


S.O. 2099(E).— dated 05.05.2022


The Companies (Amendment) Act, 2017 (Effective from 03.01.2018)


The Companies (Amendment) Act,2015

 


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