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ANDHRA PRADESH SPECIAL COURTS ACT, 2016

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
ESTABLISHMENT OF SPECIAL COURTS

3. Establishment of Special Courts.

4. Cognizance of cases by Special Courts.
5. Declaration of cases.
6. Effect of declaration.
7. Jurisdiction of Special Court.
8. Procedure and powers of Special Courts.
9. Appeal against orders of Special Courts.
10. Transfer of cases.
11. Special Court not bound to Adjourn a Trial.
12. Presiding Judge may act on evidence recorded by his Predecessor.

CHAPTER III
CONFISCATION OF PROPERTY

13. Confiscation of property.

14. Notice for confiscation.
15. Confiscation of property in certain cases.
16. Transfer To be null And void.
17. Appeal.
18. Power to take Possession.
19. Refund of confiscated money or property.

CHAPTER IV
MISCELLANEOUS

20. Notice or order not to be invalid for error in description.

21. Act to be in addition to any other law.
22. Bar to other proceedings.
23. Protection of action taken in good faith.
24. Power to make rules.
25. Notifications under section 3 and declarations under section 5 to be laid.
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26. Overriding effect.

THE ANDHRA PRADESH SPECIAL COURTS ACT, 2016

(ACT No.16 of 2016)

[20th May, 2016]

AN ACT TO PROVIDE FOR THE CONSTITUTION OF SPECIAL COURTS

FOR THE SPEEDY TRIAL OF CERTAIN CLASS OF OFFENCES AND FOR
CONFISCATION OF THE PROPERTIES INVOLVED AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.

WHEREAS, corruption is perceived to be amongst the persons holding

public offices and public servants within the meaning of Section 2(c) of the
Prevention of Corruption Act, 1988 in the State of Andhra Pradesh;

AND WHEREAS, the Government has sufficient reasons to believe that

large number of persons, who have held or are holding public offices and are
public servants within the meaning of section 2(c) of the Prevention of
Corruption Act, 1988 have accumulated vast property, disproportionate to
their known sources of income by resorting to corrupt means;

AND WHEREAS, it is legal obligation of the State to prosecute persons

involved in such corrupt practices and confiscate their ill-gotten assets;

AND WHEREAS, the existing courts of Special Judges cannot

reasonably be expected to bring the trials, arising out of those prosecutions,
to a speedy termination and it is imperative for the efficient functioning of a
parliamentary democracy and the institutions created by or under the
Constitution of India that the aforesaid offenders should be tried with
utmost dispatch;

AND WHEREAS, it is necessary for the said purpose to establish Special

Courts to be presided over by the persons who are or have been Sessions
Judges/Additional Sessions Judges and it is also expedient to make some
procedural changes whereby avoidable delay in the final determination of
the guilt or innocence, of the persons to be tried, is eliminated without
interfering with the right to a fair trial.

Be it enacted by the Legislature of the State of Andhra Pradesh in the

Sixty sixth year of the Republic of India as follows: —

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Special Courts Act, 2016.
(2) It shall extend to the whole of the State of Andhra Pradesh.
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(3) It shall come into force on such date as the State Government may,
by notification, appointment.

2. Definitions -In this Act, unless the context otherwise requires:-

(a) “Act’’ means the Andhra Pradesh Special Courts Act, 2016;

(b)"Authorised officer” means any officer belonging to Andhra

Pradesh State Judicial Service and who is or has been
Sessions Judge/Additional Sessions Judge, nominated by
the State Government with the concurrence of the High
Court for the purpose of section 13;
(c) "Code" means the Code of Criminal Procedure, 1973 (Act 2
of 974);
(d) "Declaration" in relation to an offence, means a declaration
made under Section 5 in respect of such offence;
(e) “Government” means the State Government of Andhra
Pradesh;
(f) "offence" means an offence of criminal misconduct which
attracts application of section13(1)(e) of the prevention of
corruption Act, 1988 either independently or in combination
with any other provision of the prevention of corruption Act,
1988 (Act 49 of 1988) or any of the provision of Indian Penal
Code, 1860(Act 45 of 1860);
(g) "Special Court" means a Special Court established under
section 3;
(h) ‘State’ means the State of Andhra Pradesh; and

(i) words and expressions used herein and not defined but
defined in the Code or the prevention of corruption Act,1988
shall have the meanings respectively assigned to them in the
Code or the prevention of corruption Act,1988.

CHAPTER II
ESTABLISHMENT OF SPECIAL COURTS
3. Establishment of Special Courts - (1) The Government shall, for the
purpose of speedy trial of offence, by notification, establish as many Courts
as considered adequate to be called Special Courts.
(2) A Special Court shall be presided over by a Judge to be nominated
by the Government with the concurrence of the High Court.
(3) No person shall be qualified for nomination as a Judge of a Special
Court unless he is a member of Andhra Pradesh State Superior Judicial
Service and is or has been a Sessions Judge/Additional Sessions Judge in
the State.
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4. Cognizance of cases by Special Courts - A Special Court shall take

cognizance of and try such cases as are instituted before it or transferred to
it under section 10.
5. Declaration of cases - (1) If the State Government is of the opinion that
there is prima-facie evidence of the commission of an offence alleged to have
been committed by a person, who has held or is holding public office and is
or has been a public servant within the meaning of section 2(c) of the
Prevention of Corruption Act, 1988 in the State, the Government shall make
a declaration to that effect in every case in which it is of the aforesaid
opinion.

(2) Such a declaration shall not be called in question in any Court.

6. Effect of declaration - (1) On such a declaration made under sub-

section(1) of section 5, notwithstanding anything in the Code or any other
law for the time being in force, any prosecution in respect of the offence
shall be instituted only in a Special Court.

(2) Where any declaration made under section 5 relates to an offence

in respect of which a prosecution has already been instituted and the
proceedings in relation thereto are pending in a Court other than Special
Court established under this Act, such proceedings shall, notwithstanding
anything contained in any other law for the time being in force, stand
transferred to Special Court for trial of the offence in accordance with the
provisions of this Act.
7. Jurisdiction of Special Court - A Special Court shall have jurisdiction to
try any person alleged to have committed the offence in respect of which a
declaration has been made under section 5, either as principal, conspirator
or abettor and for all the other offences and all of them shall be jointly tried
therewith at one trial in accordance with the Code.

8. Procedure And powers of Special Courts - (1) A Special Court shall, in

the trial of such cases, follow the procedure prescribed by the Code for the
trial of warrant cases before a Magistrate.
(2) Save as expressly provided in this Act, the provisions of the Code
and of the Prevention of Corruption Act, 1988(Act 49 of 1988) shall, in so far
as they are not inconsistent with the provisions of this Act, apply to the
proceedings before a Special Court and for the purpose of the said
provisions, the persons conducting a prosecution before a Special Court
shall be deemed to be a Public Prosecutor.
(3) A Special Court may pass, upon any person convicted by it, any
sentence authorised by law for the punishment of the offence of which such
person is convicted.
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9. Appeal against orders of Special Courts - (1) Notwithstanding anything

in the Code, an appeal shall lie from any judgment and sentence of a Special
Court to the High Court both on facts and law.
(2) Except as aforesaid, no appeal or revision shall lie in any court from
any judgment, sentence or order of a Special Court.

(3) Every appeal under this section shall be preferred within a period of
thirty days from the date of judgment and sentence of a Special Court:

Provided that the High Court may entertain an appeal after the expiry
of the said period of thirty days if it is satisfied for reasons to be recorded in
writing that the appellant had sufficient cause for not preferring the appeal
within the period.

10. Transfer of Cases - Notwithstanding the other provisions of this

Act, it shall be open to the High Court to transfer cases from one Special
Court to another.

11. Special Court not bound to Adjourn a Trial - (1) A Special Court shall
not adjourn any trial for any purpose unless such adjournment is, in its
opinion, necessary in the interests of justice and for reasons to be recorded
in writing.

(2) The Special Court shall endeavour to dispose of the trial of the case
within a period of one year from the date of its institutions or transfer, as
the case may be.

12. Presiding Judge may act on evidence recorded by his Predecessor -

A Judge appointed under section 3 to preside over a Special Court
may act on the evidence recorded by his predecessor or predecessors or
partly recorded by his predecessor or predecessors and partly recorded by
himself.
CHAPTER III
CONFISCATION OF PROPERTY

13. Confiscation of property - (1) Where the State Government, on the

basis of prima-facie evidence, have reasons to believe that any person, who
has held or is holding public office and is or has been a public servant. has
committed the offence, the State Government may, whether or not the
Special Court has taken cognizance of the offence, authorise the Public
Prosecutor for making an application to the authorised officer for
confiscation under this Act of the money and other property, which the State
Government believe that the said person to have procured by means of the
offence.

(2) An application under sub-section (1)—

(a) shall be accompanied by one or more affidavits, stating the
grounds on which the belief, that the said person has
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committed the offence, is founded and the amount of money

and estimated value of other property believed to have been
procured by means of the offence; and
(b) shall also contain any information available as to the
location for the time being of any such money and other
property, and shall, if necessary, give other particulars
considered relevant to the context.

14. Notice for confiscation - (1) Upon receipt of an application made under
section 13 the Authorised Officer shall serve a notice upon the person in
respect of whom the application is made (hereafter referred to as the person
affected) calling upon him within such time as may be specified in the
notice, which shall not be ordinarily less than thirty days, to indicate the
source of his income, earnings or assets, out of which or by means of which
he has acquired such money or property, the evidence on which he relies
and other relevant information and particulars, and to show cause as to why
all or any of such money or property or both, should not be declared to have
been acquired by means of the offence and be confiscated to the State
Government.

(2) Where a notice under sub-section (1) to any person specifies any
money or property or both as being held on behalf of such person by any
other person, a copy of the notice shall also be served upon such other
person.
(3) Notwithstanding anything contained in sub-section (1), the
evidence, information and particulars brought on record before the
Authorised Officer, by the person affected or the State Government shall be
open to be rebutted in the trial before the Special Court provided that such
rebuttal shall be confined to the trial for determination and adjudication of
guilt of the offender by the Special Court under this Act.

15. Confiscation of property in certain Cases - (1) The Authorised Officer

may, after considering the explanation, if any, to the show cause notice
issued under section 14 and the materials available before it, and after
giving to the person affected (and in case here the person affected holds any
money or property specified in the notice through any other person, to such
other person also) a reasonable opportunity of being heard, by order, record
a finding whether all or any other money or properties in question have been
acquired illegally.

(2) Where the Authorised Officer specifies that some of the money or
property or both referred to in the show cause notice are acquired by means
of the offence, but is not able to identify specifically such money or property,
then it shall be lawful for the Authorised Officer to specify the money or
property or both which, to the best of his judgment, have been acquired by
means of the offence and record a finding, accordingly, under sub-section
(1).
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(3) Where the Authorised Officer records a finding under this section
to the effect that any money or property or both have been acquired by
means of the offence, he shall declare that such money or property or both
shall, subject to the provisions of this Act, stand confiscated to the State
Government free from all encumbrances:

Provided that if the market price of the property confiscated is

deposited with the Authorised Officer, the property shall not be confiscated.

(4) Where any share in a Company stands confiscated to the State

Government under this Act, then, the Company shall, notwithstanding
anything contained in the Companies Act, 2013(Act 18 of 2013) or the
Articles of Association of the Company, forthwith register the State
Government as the transferee of such share.

(5) Every proceeding for confiscation of money or property or both

under this Chapter shall be disposed of within a period of six months from
the date of service of the notice under sub-section(1) of section14.

(6) The order of confiscation passed under this section shall, subject
to the order passed in appeal, if any, under section 17, be final and shall not
be called in question in any Court of law.

16. Transfer To be null and void - Where, after the issue of a notice under
section 14, any money or property or both referred to in the said notice are
transferred by any mode whatsoever, such transfer shall, for the purposes of
the proceedings under this Act, be void and if such money or property or
both are subsequently confiscated to the State Government under section
15, then, the transfer of such money or property or both shall be deemed to
be null and void.

17. Appeal - (1) Any person aggrieved by any order of the authorised officer
under this Chapter may appeal to the High Court within thirty days from
the date on which the order appealed against was passed.

(2) Upon any appeal preferred under this section the High Court may,
after giving such parties, as it thinks proper, an opportunity of being heard,
pass such order as it thinks fit.

18. Power to take possession - (1) Where any money or property or both
have been confiscated to the State Government under this Act, the
concerned Authorised Officer shall order the person affected, as well as any
other person, who may be in possession of the money or property or both to
surrender or deliver possession thereof to the concerned authorised officer
or to any person duly authorised by him in this behalf, within thirty days of
the service of the order:

Provided that the Authorised Officer, on an application made in that

behalf and being satisfied that the person affected is residing in the property
in question, may instead of dispossessing him immediately from the same,
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permit such person to occupy it for a limited period to be specified on

payment of market rent to the State Government and thereafter, such
person shall deliver the vacant possession of the property.

(2) If any person refuses or fails to comply with an order made under
sub-section (1), the Authorised Officer may take possession of the property
and may, for that purpose, use such force as may be necessary.

(3) Notwithstanding anything contained in sub-section (2) the

Authorised Officer may, for the purpose of taking possession of any money
or property or both referred to in sub-section (1), requisition the service of
any police officer to assist and it shall be the bounden duty of such officer to
comply with such requisition.

19. Refund of confiscated money or property - Where an order of

confiscation made under section 15 is modified or annulled by the High
Court in appeal or where the person affected is acquitted by the Special
Court, the money or property or both shall be returned to the person
affected and in case it is not possible for any reason to return the property,
such person shall be paid the price thereof including the money so
confiscated with the interest at the rate of five percent per annum thereon
calculated from the date of confiscation.

CHAPTER IV
MISCELLANEOUS

20. Notice or Order not to be invalid for error in description - No notice

issued or served, no declaration made and no order passed, under this Act
shall be deemed to be invalid by reason of any error in the description of the
property or person mentioned therein, if such property or person is
identifiable from the description so mentioned.

21. Act to be in addition to any other law - The provisions of this Act
shall be in addition to, and not in derogation of, any other law for the time
being in force, and nothing contained herein shall exempt any public
servant from any proceeding which might, apart from this Act, be instituted
against him.

22. Bar to other proceedings - Save as provided in sections 9 and 17 and

notwithstanding anything contained in any other law, no suit or other legal
proceedings shall be maintainable in any Court in respect of any money or
property or both ordered to be confiscated under section 15.

23. Protection of action taken in good faith - No suit, prosecution or

other legal proceedings shall lie against any person for anything in good
faith done or intended to be done in pursuance of this Act.

24. Power to make rules - (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
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(2) Every rule made under this Act shall, immediately after it is made,
be laid before the Legislature of the State, if it is in session and if it is not in
session, in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions
and if , before the expiration of the session in which it is so laid or the
session immediately following the Legislature agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified, have effect only
in such modified form or shall stand annulled, as the case may be so,
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.

25. Notifications under section 3 and declarations under section 5 to

be laid - Every notification made under sub-section (1) of section 3 and
every declaration made under sub-section (1) of section 5 shall be laid, as
soon as may be, after they are made, before the State Legislature.

26. Overriding effect - Notwithstanding anything in the Prevention of

Corruption Act, 1988 (Act 49 of 1988) and the Criminal Law Amendment
Ordinance, 1944 (Act No.38 of 1944) or any other law for the time being in
force, the provisions of this Act shall prevail in case of any inconsistency.

C.S.S.V. DURGAPRASAD,
Secretary to Government,
Law Department.