Chapter 3
SPECIAL TRIBUNALS
7. Constitution of Special Tribunals.
7. Constitution of Special Tribunals.—(1) The State Government may, for the whole or any part of the State, constitute one or more Special Tribunals which, or each of which shall consist of three members appointed by that Government.
(2) No person shall be appointed as a member of a Special Tribunal unless he—
(a) is qualified under clause (2) of Article 217 of the Constitution for appointment as a Judge of a High Court; or
(b) has for a total period of not less than three years exercised, whether continuously or not, the powers under the Code of Criminal Procedure, 1898 (5 of 1898) (hereafter in this Chapter referred to as the Code) of any one or more of the following, namely:—
(i) Sessions Judge, Additional Sessions Judge, Chief Presidency Magistrate, Additional Chief Presidency Magistrate,
(ii) District Magistrate, Additional District Magistrate.
(3) At least one member of a Special Tribunal shall be qualified for appointment thereto under clause (a) of sub-section (2), and where only one member is so qualified under that clause at least one other member shall be qualified for appointment under clause (b) of that sub-section by virtue of having exercised powers exclusive of those specified in sub-clause (ii) of the said clause (b).
| Other Contents of Defence and Internal Security of India Act, 1971 |
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| Sections 1 to 2 |
| Sections 3 to 6 |
| Sections 7 to 22 |
| Sections 23 to 40 |
8. Jurisdiction of Special Tribunals.
8. Jurisdiction of Special Tribunals.—During the period during which the Proclamation of Emergency is in operation, the State Government may, by general or special order, direct that a Special Tribunal shall try any offence—
(a) under any rule made under Section 3, or
(b) punishable with death, or imprisonment for life or imprisonment for a term which may extend to ten years under Section 5 of this Act or under sub-section (4) of Section 5 of the Official Secrets Act, 1923 (19 of 1923), as amended by Section 6 of this Act,
triable by any court having jurisdiction within the local limits of the jurisdiction of the Special Tribunal and may, in any such order, direct the transfer to the Special Tribunal of any particular case from any other Special Tribunal or any other criminal court not being a High Court.
9. Procedure of Special Tribunals.
9. Procedure of Special Tribunals.—(1) A Special Tribunal may take cognizance of offences without the accused being committed to it for trial.
(2) Save in cases of trials of trials of offences punishable with death or imprisonment for life or imprisonment for a term which may extend to five years or more, it shall not be necessary in any trial for a Special Tribunal to take down the evidence at length in writing, but the Special Tribunal shall cause a memorandum of the substance of what each witness deposes, to be taken down, and such memorandum shall be signed by a member of the Special Tribunal and shall form part of the record.
(3) A Special Tribunal shall not be bound to adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.
(4) A Special Tribunal shall not, merely by reason of a change in its members, be bound to recall and to re-hear any witness who has given evidence, and it may act on the evidence already recorded by or produced before it.
(5) After an accused person has once appeared before it, a Special Tribunal may try him in his absence if, in its opinion, his absence has been brought about by the accused himself for the purpose of impeding the course of justice, or if the behaviour of the accused in court has been such as, in the opinion of the Special Tribunal, to impede the course of justice.
(6) In the event of any difference of opinion among the members of a Special Tribunal, the opinion of the majority shall prevail.
(7) The State Government may, by notification in the Official Gazette, make rules providing for—
(i) the times and places at which Special Tribunals may sit; and
(ii) the procedure to be adopted in the event of any member of a Special Tribunal being prevented from attending throughout the trial of any accused person.
(8) A Special Tribunal shall in all matters in respect to which no procedure has been prescribed by this Act or by rules made thereunder, follow the procedure prescribed by the Code for the trial of warrant cases by Magistrates.
10. Exclusion of public from proceedings of Special Tribunals.
10. Exclusion of public from proceedings of Special Tribunals.—In addition, and without prejudice, to any powers which a Special Tribunal may possess by virtue of any law for the time being in force to order the exclusion of the public from any proceedings, if at any stage in the course of a trial of any person before a Special Tribunal, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Special Tribunal may make an order to that effect, but the passing of the sentence shall in any case take place in public.
11. Powers of Special Tribunals.
11. Powers of Special Tribunals.—A Special Tribunal shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction.
12. Sentences of Special Tribunals.
12. Sentences of Special Tribunals.—(1) A Special Tribunal may pass any sentence authorised by law.
(2) A person sentenced by a Special Tribunal—
(a) to death or imprisonment for life, or
(b) to imprisonment for a term of five years or more,
under this Act or the rules made thereunder or under sub-section (4) of Section 5 of the Official Secrets Act, 1923 (19 of 1923), as amended by Section 6 of this Act,
shall have a right of appeal to the High Court within whose jurisdiction the sentence has been passed, but save as aforesaid and notwithstanding the provisions of the Code, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence of a Special Tribunal and no court shall have authority to revise such order or sentence, or to transfer any case from a Special Tribunal, or to make any order under Section 491 of the Code, or have any jurisdiction of any kind in respect of any proceedings of a Special Tribunal.
(3) The powers conferred upon the appropriate Government by Chapter XXIX of the Code shall apply in respect of a person sentenced by a Special Tribunal.
Chapter 4
EMPLOYMENT OF TECHNICAL PERSONNEL IN THE NATIONAL SERVICE
13. Definitions.
13. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) “employment in the national service” means employment in a notified establishment in pursuance of an order passed under Section 17;
(b) “employer” means any person who employs technical personnel to do any work in an establishment and includes any person entrusted with the supervision and control of technical personnel in such an establishment;
(c) “establishment” means—
(i) any office, or
(ii) any place where any industry, trade, business or occupation is carried on; and includes any technical institution or training centre established, selected or approved by the Central Government;
(d) “National Service Tribunal” means a Tribunal constituted under Section 15;
(e) “notified establishment” means any Government establishment, any establishment belonging to a corporation owned, controlled or managed by the Government and any establishment declared by notification under sub-section (1) of Section 16 to be engaged in work of national importance;
(f) “notified occupation” means any occupation which the Central Government may, by rules made under this Chapter, specify as a notified occupation for the purposes of this Chapter;
(g) “technical personnel” means all persons who possess knowledge of or skill in one or more of the notified occupations, whether or not they are employed in any establishment, and includes such persons or class of persons undergoing training in any of those occupations in any establishment as may be declared by the Central Government by notification in the Official Gazette to be technical personnel for the purposes of this Chapter.
14. Liability for employment in national service.
14. Liability for employment in national service.—All technical personnel, being citizens of India and not being members of the Armed Forces of the Union or members of any Reserve of any such Force who are liable, under the terms of their service in such Reserve, to be called up for service at any time not only on partial or general mobilisation, shall be liable under this Chapter to undertake employment in the national service.
15. National Service Tribunals.
15. National Service Tribunals.—(1) The Central Government shall constitute, for such areas and in such places as it thinks fit, National Service Tribunals to exercise the functions assigned to such Tribunals by or under this Chapter.
(2) The composition, powers and procedure of National Service Tribunals shall be such as may be prescribed.
16. Notified establishments.
16. Notified establishments.—(1) The Central Government may, by notification in the Official Gazette, declare any establishment, which is engaged in work which, in the opinion of the Central Government, is likely to assist the defence of India and civil defence, [i][the internal security,] the efficient conduct of military operations, or the maintenance or increase of supplies and services essential to the life of the community, to be an establishment engaged in work of national importance and thereupon such establishment shall be a notified establishment and while making such declaration, the Central Government may require that establishment to make such provisions as may be specified in the notification in regard to the terms of service and conditions of work of its employees.
(2) Every notified establishment shall be eligible to apply to a National Service Tribunal or to the Central Government for technical personnel and having so applied, shall take into its employment such technical personnel within such period and on such terms and conditions as may be prescribed.
17. Employment of technical personnel in the national service.
17. Employment of technical personnel in the national service.—(1) Subject to any rules made in this behalf under this Chapter, the Central Government may require a National Service Tribunal to report what technical personnel, whether employed in an establishment or not, is available within its jurisdiction for employment in the national service and may by order in writing,—
(a) require the employer in any establishment by which such technical personnel is employed to release such personnel as may be specified in the order, for employment in the national service;
(b) direct any technical personnel to undertake such employment in the national service as may be specified in the order;
(c) direct than any technical personnel engaged in any establishment under conditions not amounting to employment in the national service shall, for the purposes of sub-section (8), be deemed to have been taken into employment in the national service; and
(d) require any notified establishment, notwithstanding that it has not made any application under Section 16, take into its employment such technical personnel within such period as may be specified in the order.
(2) Notwithstanding anything in sub-section (1), a National Service Tribunal may—
(a) exercise the powers conferred on the Central Government by clauses (a) and (b) of sub-section (1);
(b) require by order any employer to give training in his establishment to persons for qualifying them as technical personnel;
(c) direct by order technical personnel to present themselves at such place and time as may be specified in the order for interview or inquiry and if so required, for submission to a test of their technical skill.
(3) Any order made by the Central Government under sub-section (1) and by a National Service Tribunal under sub-section (2) shall be complied with within such period or on such date as may be specified in this behalf in the order.
(4) The Central Government or, as the case may be, a National Service Tribunal, may, by order in writing, transfer technical personnel from one form or place of employment in the national service to another; and the employer and the personnel concerned shall comply with such order.
(5) No person included in the definition of technical personnel, who has been directed to undertake employment in the national service or transferred from one form or place of employment to another under the foregoing provisions, shall be discharged from or leave his employment in such service unless the employer or person concerned has previously obtained the permission of the Central Government or, as the case may be, of the National Service Tribunal.
(6) Any person included in the definition of technical personnel who is required to undertake employment in the national service or transferred from one form or place of employment to another under the foregoing provisions of this section, may be required by the Central Government, or, as the case may be, the National Service Tribunal concerned, to submit himself to be examined by such medical authority as may be prescribed.
(7) An appeal shall lie to the Central Government against any order passed by a National Service Tribunal under this section and the decision of the Central Government shall be final.
(8) The terms of service of technical personnel taken into employment in the national service shall be such as may be prescribed :
Provided that any rights which such technical personnel may have under the provident or superannuation fund or other scheme relating to gratuity, bonus or other benefit for the advantage of employees maintained by the establishment from which they are released shall be preserved.
18. Re-instatement.
18. Re-instatement.—(1) Every person who was employed in an establishment immediately before his employment in the national service and whose employment in the national service has not been terminated by dismissal for serious misconduct shall, on his release from such employment in the national service, be entitled to be re-instated in his former employment, in accordance with such conditions as may be prescribed:
Provided that in determining such conditions regard shall be had to the additional skill and experience acquired by him in the course of his employment in the national service.
(2) The Central Government may by rules made in this behalf provide for the appointment of Technical Personnel (Re-instatement) Tribunals to deal with such matters in relation to re-instatement of persons released from employment in the national service as may be prescribed.
19. Relinquishment of employment by, dismissal of, and engagement by establishment of, technical personnel.
19. Relinquishment of employment by, dismissal of, and engagement by establishment of, technical personnel.—(1) Subject to any rules made in this behalf, a National Service Tribunal may require any establishment (including a notified establishment) to post before a specified date and to keep posted, on its premises notices intimating that—
(a) no person included within the definition of technical personnel who is employed in the establishment shall at any time after the posting of the notice, leave his employment without the previous permission in writing of the National Service Tribunal;
(b) if the National Service Tribunal refuses such permission, that Tribunal may lay down, subject to the prescribed conditions the terms of service on which the employer shall continue to retain him in employment;
(c) if any such person leaves his employment without the previous permission in writing of the Tribunal as aforesaid he may be directed by the Tribunal to return to his employment.
(2) After notices referred to in sub-section (1) have been posted on the premises of any establishment (including a notified establishment), no employer in the establishment shall engage, discharge or dismiss any person included in the definition of technical personnel except in accordance with rules made in this behalf.
20. Penalties and procedure.
20. Penalties and procedure.—(1) Whoever contravenes any order of the Central Government or of a National Service Tribunal made under Section 17 or wilfully fails to comply with any summons, requirement, direction or order issued or made by the Central Government or by a National Service Tribunal under any other provision of this Chapter shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.
(2) No court shall take cognizance of any offence punishable under sub-section (1) except with the previous sanction in writing,—
(a) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of the Central Government, of the Central Government;
(b) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of an National Service Tribunal, of the National Service Tribunal.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under sub-section (1) shall be cognizable.
(4) No court inferior to a Presidency Magistrate or a Magistrate of the First Class shall try any offence punishable under sub-section (1).
21. Service of summons, notices, orders, etc.
21. Service of summons, notices, orders, etc.—Any summons, notice, requirement, direction or order issued, made or given to any person under this Chapter may be served by being sent by registered post addressed to that person at his last known residence.
22. Power to make rules.
22. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules any prescribe—
(a) the occupations which shall be notified occupations for the purposes of this Chapter;
(b) the composition, powers and procedure of National Service Tribunals;
(c) the technical personnel, which may be taken into the employment of any notified establishment under sub-section (2) of Section 16 and the period within which and the terms and conditions on which such personnel shall be so taken;
(d) the medical authority before whom any person may be required to submit himself for examination under sub-section (6) of Section 17;
(e) the terms of service of technical personnel taken into employment in the national service;
(f) the conditions in accordance with which persons released from employment in the national service may be re-instated in their former employment;
(g) the appointment of Technical Personnel (Re-instatement) Tribunals and the matters in relation to reinstatement which such Tribunals may be required to deal with;
(h) the provisions relating to engagement, discharge or dismissal of persons by any employer in any establishment on the premises of which notices have been posted under sub-section (1) of Section 19;
(i) any other matter which may be prescribed or which is to be provided for by rules.
(3) Any rule made under this Chapter may provide that a contravention of the rule shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.
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