Section 435 of Companies Act, 2013 – Establishment of Special Courts

  • Updated Till : November 11, 2018

SECTION 435. ESTABLISHMENT OF SPECIAL COURTS

[1][Effective from 18th May 2016]

 

[2] [435. (1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts 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]

Applicable Notification

MCA notifies Special courts under section 435 of Companies Act, 2013

Notification No. S.O. 1796(E), dated 18th May, 2016

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:-

 

Sl.No. (1) Existing Court (2) Jurisdiction as Special Court (3)
1 Courts of Additional Special Judge, Anti-  Corruption at Jammu and Srinagar State of Jammu and Kashmir
2 Presiding Officers of Court No’s. 37 and 58 of the City Civil and Sessions Court, Greater Mumbai State of Maharashtra
3 Court 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
4 Court of District Judge-1 and Additional Sessions Judge, Panaji. State of Goa
5 Court of Principal District and Sessions Judge, Ahmedabad(Rural), situated at Mirzapur, Ahmedabad State of Gujrat
6 9th Additional Sessions Judge, Gwalior Madhya Pradesh. State of Madhya Pradesh
7 Court of Additional District and Session Judge, Port Blair, Andaman and Nicobar Islands Union Territories of Andaman and Nicobar Islands
8 2nd 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).

Special court for National Capital Territory of Delhi

Notification No. S.O. 2554(E), dated 27th July 2016

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, with the concurrence of the Chief Justice of the High Court of Delhi, designates the following Court as Special Court for the purposes of providing speedy trial of offences punishable under the Companies Act, 2013 with imprisonment of two years or more under the Companies Act, 2013, namely:-

TABLE

Sl. No.

(1)

Existing Court

(2)

Jurisdiction as Special Court (3)
1 Court of Additional Sessions Judge-03, South-West District, Dwarka National Capital Territory of Delhi
  1. The aforesaid Court mentioned in column number (2) shall exercise the jurisdiction as Special Court in respect of jurisdiction mentioned in column number (3)

 

Designation of Special Court

Notification No. S.O. 2843(E), dated 1st September 2016

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, with the concurrence of the Chief Justice of the High Courts of Chhattisgarh, Rajasthan, Punjab and Haryana, Madras and Manipur, designates the following Courts as Special Courts for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the Companies Act, 2013, namely:-

Table

SI. No. Existing Court  Jurisdiction as Special Court
(1) (2) (3)
1. Sessions Judge, Bilaspur State of Chhattisgarh
2. Court of Special Judge, (Sati Niwaran), Jaipur State of Rajasthan
3. Court of Sessions Judge and 2nd Additional Sessions Judge, S.A.S. Nagar State of Punjab
4. Court of Sessions Judge and 2nd Additional Sessions Judge, Gurgaon State of Haryana
5. Court of Sessions Judge and 2nd Additional Sessions Judge, Chandigarh Union Territory of Chandigarh
6. I Additional District and Sessions Court, Coimbatore Districts of Coimbatore, Dharmapuri, Dindigul, Erode, Krishnagiri, Namakkal, Nilgiris, Salem and Tiruppur.
7. II Additional District and Sessions Court, Puducherry Union Territory of Puducherry
8. Sessions Judge, Imphal East State of Manipur

 

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

Designation of Special Court

Notification No. S.O. 3464(E), dated 17th November, 2016

In exercise of the powers conferred by sub-section (1) of section 435 of the Companies Act, 2013 (18 of 2013), the Central Government, with the concurrence of the Chief Justice of the High Court of Meghalaya, hereby designates the following Court as Special Court for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the Companies Act, 2013, namely:-

Sl. No. Existing Court Jurisdiction as Special Court
(1) (2) (3)
1 Court of District and Sessions Judge, Shillong State of Meghalaya

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

Designation of Special Court for the state of Telangana and Andhra Pradesh

Notification no. S.O. 945(E) dated 23rd March 2017

In exercise of the powers conferred by sub-section (1) of section 435 of the Companies Act, 2013 (18 of 2013), the Central Government, with the concurrence of the Chief Justice of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh hereby designates the following Courts mentioned in the Table below as Special Courts for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said Act, namely:-

Sl. No. Existing Court Jurisdiction as Special Court
(1) (2) (3)
1 Special Court for trial of Economic Offences-cum-VIII Additional Metropolitan Sessions Judge Court-cum XXII Additional Chief Judge, City Civil Court, Hyderabad State of Telangana
2. Court of IV Additional District Judge cum-II Additional Metropolitan Sessions Judge, Visakhapatnam. State of Andhra Pradesh
  1. The aforesaid Courts mentioned in column number (2) shall exercise the jurisdiction as Special Courts in respect of jurisdiction mentioned in column number (3).

 

Designation of Special Court

MCA notifies Special courts for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under section 435 of Companies Act, 2013

Notification No. S.O. 2872(E)., dated 31st August, 2017

In exercise of the powers conferred by sub-section (1) of section 435 of the Companies Act, 2013 (18 of 2013), the Central Government, with the concurrence of the Chief Justice of the High Court of Judicature at Patna, hereby designates the following Court mentioned in column (1) the Table below as Special Court for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said sub-section, namely:-

Court

Jurisdiction as Special Court
                                                  (1)                                              (2)
Court of Additional District and sessions Judge , Patna

State of Bihar

Designation of Special Court

Notification No. S.O. 3804(E)., dated 4th December, 2017

In exercise of the powers conferred by sub-section (1) of Section 435 of the Companies Act, 2013 (18 of 2013), the Central Government, with the concurrence of the Chief Justice of the High Court of Karnataka, hereby designates the following Court mentioned in column (1) of the Table below as Special Court for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said sub-section, namely:—

Court

Jurisdiction as Special Court
                                                  (1)                                              (2)
LIX Additional City Civil and Sessions Judge, Bengaluru City

State of Karnataka

Special court for States of Kerala, Orissa and Gauhati

Notification No. S.O. 528(E) dated 5th February, 2018

S.O. 528(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, with the concurrence of the Chief Justices of the High Courts of Kerala, Orissa and Gauhati, hereby designates the following Courts mentioned in column (2) of the Table below as Special Courts for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said sub-section, namely:-

Sl. No.

(1)

Courts

(2)

Jurisdiction as Special Courts

(3)

1 Additional District and Sessions CourtVII, Ernakulam State of Kerala
2 District and Sessions Court, Kavaratti Union territory of Lakshadweep
3 District and Sessions Judge, Cuttack State of Odisha
4 Additional District and Sessions Judge, No.1, Kamrup (M), Guwahati State of Assam


Special court for States of Uttar Pradesh

Notification No. S.O. 1710(E)—dated 23rd April, 2018

 S.O. 1710(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, with the concurrence of the Chief Justice of the High Courts of Allahbad, hereby designates the following Courts mentioned in column (1) of the Table below as Special Court for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said sub-section, namely:-

 

Court

(1)

Jurisdiction as Special Court

(2)

9th Court of Additional District and Sessions Judge, Kanpur Nagar. State of Uttar Pradesh.

 

Special court 

Notification No. F.No. 01/12/2009-CL-I (Vol. IV)—dated 5th September, 2018

 S.O. __—In exercise of the powers conferred by sub-section (1) of Section 435 of the Companies Act, 2013 (18 of 2013), the Central Government, with the concurrence of the Chief Justice of the Gauhati High Court at Guwahati, hereby designates the following Courts mentioned in column (2) of the Table below as Special Courts for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said Act , namely:-

 Table

S. No.

Courts

Jurisdiction as Special Court
(1)

(2)

(3)

1. Court of District and Sessions Judge at Kohima State of Nagaland
2. Court of District and Sessions Judge at Aizawl State of Mizoram
3. West Session Dividion, Yupia State of Arunachal Pradesh


[1]
 Notified vide Notification no. F.No. 01/12/2009-CL-I (Vol.IV) dated 18th May 2016

[2] Substituted by the Companies (Amendment) Act 2017 vide Notification No. S.O. 1833(E) dated 7th May, 2018.

Prior to the substitution it read as under:

“(1) The Central Government may, for the purpose of providing speedy [trial of offences punishable under this Act with imprisonment of two years or more], by notification, establish or designate as many Special Courts as may be necessary.

[Provided that all other offences shall be tried, as the case may be, by a Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law.]

(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.”

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