The state government has notified the rules regarding implementation of Madhya Pradesh Vishesh Nyayalaya Adhiniyam ( Madhya Pradesh Special Courts Act).
As per the notification the state government shall nominate serving officer belonging to the Madhya Pradesh Higher Judicial Service in consultation with the High Court of Madhya Pradesh to be the Presiding Judge of the Special Court. The jurisdiction of a Special Court under the Act shall be such as may be decided by the state government in consultation with the High Court. The Special Court shall have its sittings at such place or places as may be decided by the state government in consultation with the High Court.
The term of the Presiding Judge shall ordinarily be three years but he may continue in the office till the nomination and joining of another Presiding Judge. The Special Court shall take cognizance only of such offences and try those cases which are instituted before it under sub-section(1) of Section 6 or transferred to it under sub-section(2) thereof or section 10. The state government, in consultation with the High Court, shall nominate officer belonging to the cadre of the Madhya Pradesh Higher Judicial Service who is or has been a Sessions Judge or Additional Sessions Judge to act as the authorized officer for the purpose of the Act. The government may appoint one or more Additional or Assistant Public Prosecutors on the recommendation of the Special Public Prosecutor to assist the Special Public Prosecutor. The Special Public Prosecutors and Additional or Assistant Public Prosecutors shall be paid such fees and allowances at such rates as may be decided by the state government from time to time.
The state government, in consultation with the High Court, shall nominate officer belonging to the cadre of the Madhya Pradesh Higher Judicial Service who is or has been a Sessions Judge or Additional Sessions Judge to act as the authorized officer for the purpose of the Act. The office of the authorized officer shall function at such place or places as the state government may notify in consultation with the High Court.
The state government may appoint one or more Special Public Prosecutors on such terms and conditions as may be prescribed, to make applications to the authorized officer and conduct cases before the said officer for confiscation of the money and other property under the Act. The tenure of Special Public Prosecutor shall ordinarily be of three years. On receipt of application under Section 13 read with Section 14 of the Act, the authorized officer shall immediately issue notice to the person affected. If the person affected responds to the notice and appears before the authorized officer either in person or through his legal representative, he shall be furnished with the copy of the application filed under Section 13 along with all the enclosures.
The authorized officer shall allow 30 days time to file his statement in defence. if for good and valid reasons, to the satisfaction of the authorized officer, the person affected does not file his statement of defence, he may allow a further period of 15 days within which he shall have to file his statement of defence. If the person affected does not file his statement of defence within the prescribed period of 30 days or within extended period of 15 days, it shall be presumed that he has no defence to put forward and then the authorized officer shall be free to adjudicate the proceeding before the authorized officer who shall have the opportunity to reply to the same. If the person affected submits his statement in defence, a copy of the same shall be made available to the Special Public Prosecutor conducting the proceeding before the authorized officer who shall have the opportunity to reply to the same. The Special Public Prosecutor shall have to reply within a maximum period of 15 days from service of statement of defence upon him. If the Special Public Prosecutor fails to submit his reply within 15 days, the authorized officer may for good or valid reason allow a further period of 15 days for filing the reply, failing which the authorized officer shall proceed to adjudicate the proceeding as if the prosecution has no reply to submit.
If the person affected proposes to contest the valuation of the property, the authorized officer may take assistance of such state government agency or central government agency or any other officer or person technically qualified as he may deem fit and proper. The authorized officer, after consideration of the application, statement of defence, reply of Special Public Prosecutor and report of experts, if any, shall adjudicate the proceeding and pronounce final verdict within a maximum period of 6 months from the date of the service of notice. The authorized officer, after final adjudication, may proceed to confiscate the property in accordance with Section 15 of the Act. The market price of the property confiscated is deposited with the authorized officer under the proviso to sub-section(3) of Section 15 of the Act, the same shall be deposited in a fixed deposit in any nationalized bank. If the authorized officer passes an order to confiscate the money and property of the person affected, then the money shall be impounded and property shall be handed over to the District Magistrate of the district wherein the property is satiated, and the District Magistrate may, as far as practicable, utilize the property in public interest under the directions of state government, till the final decision of the cases, and if the person affected is confiscated of the offence by the trial court, the confiscated money and property shall be in possession of the state government.
The state government shall make available the assistance of the police officers as may be required by the Special Court and the authorized officer in implementing and executing the orders passed by them.