Section 49D in Indian Electricity (Andhra Pradesh Amendment) Act, 2000
49D. Constitution of Special Court. - (1) The State Government may, by notification in the Official Gazette, constitute a Special Court for the purpose of providing speedy enquiry into any alleged act of theft of energy and trial of cases and for awarding compensation to the Electricity Utility.
(2)A Special Court shall consist of a Chairman and not less than four other members to be appointed by the Government.(3)The Chairman shall be a person who is or has been a Judge of a High Court and of the other four members, two shall be persons who are or have been District Judges (hereinafter referred to as Judicial Members) and the other two members, shall be persons with a Degree in Electrical Engineering and who hold or have held a post not below the rank of a Chief Engineer in a State Electricity Board or its successor entities or a post not below the rank of a Chief Electrical Inspector in the State Government (hereinafter referred to as Technical Members):Provided that the appointment of a serving member of the judiciary as Chairman or a Judicial Member shall be made after consultation with the Chief Justice of the High Court concerned.(4)The Chairman or a Member shall hold office as such for a term of three years from the date on which he enters upon his office.(5)(a)Subject to the other provisions of this Act, the jurisdiction powers and authority of the Special Court may be exercised by Benches thereof, one comprising of the Chairman, a Judicial Member and a Technical member and the other comprising of a Judicial Member and a Technical member.(b)Where the Bench comprises of the Chairman, he shall be the Presiding Officer of such a Bench and where the Bench consists of two members, the Judicial Member shall be the Presiding Officer.(c)It shall be competent for the Chairman, either suo muto or on a reference made to him to withdraw any case pending before the bench comprising of two members and dispose of the same or to transfer any case from one Bench to another Bench in the interest of justice.(d)Where a case under this Act is heard by a Bench consisting of two members and the members thereof are divided in opinion, the case with their opinions shall be laid before another Judicial Member or the Chairman, and that member or Chairman, as the case may be after such hearing as he thinks fit, shall deliver his opinion, and the decision or order shall follow that opinion.(6)The quorum to constitute a meeting of any Bench of the Special Court shall be two.(7)The Special Court may, by notification, make regulations not in consistent with the provisions of this Act relating to the procedure to be followed for the conduct of the cases and for regulating the manner of taking decisions.(8)The Special Court may cause a public notice of the substance of such regulations for the information of the general public.(9)(i)Notwithstanding any thing in the Code of Civil Procedure, 1908, the Special Court may follow its own procedure which shall not be inconsistent with the principles of natural justice and fair play and subject to the other provisions of this Act while deciding the amount of compensation to be awarded to the Electricity Utility.(ii)Notwithstanding anything contained in Section 260 or Section 262 of the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be tried in a summary way by the Special Court and the provisions of the Sections 263 to 265 of the said Code shall, as far as may be apply to such trial.(10)No act or proceeding of the Special Court shall be deemed to be invalid by reason only of the existence of any vacancy among its members or a defect in the constitution thereof.
