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Section 435 - Establishment of Special Courts - Companies Act, 2013Extract CHAPTER XXVIII SPECIAL COURTS 3 [Establishment of Special Courts. 435. (1) The Central Government may, for the purpose of providing speedy trial of 4 [ offences under this Act, except under section 452, 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.] --------------------- Notes:- 1. Substituted vide THE COMPANIES (AMENDMENT) Act, 2015 - dated 25th May 2015 before it was read as, trial of offences under this Act 2. Inserted vide THE COMPANIES (AMENDMENT) Act, 2015 - dated 25th May 2015 3. Substituted vide The Companies (Amendment) Act, 2017 Dated 03-01-2018 w.e.f. 07 th May, 2018, before it was read as, Establishment of Special Courts 435. (1) The Central Government may, for the purpose of providing speedy 1 [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. 2 [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. 4. Substituted vide THE COMPANIES (AMENDMENT) ACT, 2020 dated 28-09-2020 w.e.f. 22-01-2021 before it was read as offences under this Act, by notification
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