_ no 141 of 1985 the terrojust ap'fbc'i'!m areas (special couats) ambnj)j(dtt blll, lea; , ,                                                                                  a                                                                                                                                                                 ,i                                                                                                                                                                     , • '                                                                                                                                                                               •• , "'-;' i                                                                           alll to amend the terrorist affected areas (speci41 collom) act, 19m   be it enacted by parliament in the thirty-sixth year of the republic of india as follows:·-    i~ this act may be called the terrorist aftected areas                                                                                      (special short courts) amendment act, 198$                                                                                                   title si of 19m 50                      z in the terrorist affected areas (special courts) act, 11m (here-                                                                                                                        ioic-                                                                                                                        tion of                  matter referred to as the principal act), aftet· aeetfao 15, the following section shah be inserted, namely: -                                                                          ::::a: ro abolitlonof certain spedaj courts "15a where the area comprising a judidal 20de haa ceased to be a terrorist aftected area and no cases are pendin, before a spedal court or an additional special court established in relation to such judicial zone, the central government may, by notification in the ofbcial gazette, abolish web spectaj court or additional spedal court,"  3 for the schedule to the principal act, the fdllowing' schedule' shall 15 be substituted, namely:-substitution ctfthe schedule ''the schedme [see aection·s (f)] 1 oil'ences under the following ptavisions' of the indian penal code-"of 1180 to ,nolls tfil 121a; 122 lind 123 2 offences under the following provisions of the anti-hijacking act, 1982::-sections 4: and 5 note i-the offence of criminal conspiracy or attempt to commit, or abetment of, an offence 'specified in this schedule shall be 5 deemed to be a scheduled offence note 2-the commission of an offence specified in this schedule by any member of an unlawful assembly shall be deemed to be the commission of that scheduled offence by every other member of the unlawful assembly" 10 4: (1) notwithstanding anything contained in section 7 of the principal act but subject to the provisions of sub~ion (2), after the comm'!llcement of this act, a special court shall not take cognizance of, or have or exercise any jurisdiction with respect to, any offence other than an offence mentioned in or connected with an offence mentioned in 15 the schedule to the principal act as substituted by section 3 of this act special courts toeeue toexer_ else jurisdiction with reapectto certain c88e8 and transfer of pendmgcases (2) every case which is pending immediately before the commencement of this act before any special court and which is in respect of an offence other than an offence mentioned in, or connected with an offence meationed 'in, thescbedule to the principal act as substituted by section 20 3 of this act shall, as 'soon as may be after such commencemel'lt, be transferred to a court which would have had jwisdiction but for the enactment of the principal act to take cognizance thereof and the court to which the case is so transferred may proceed with the case from the stage at which it was at the time of such transfer as if it had originally 25 taken cognizance of the case and the case was pending with it at that time (3) this section shall be read as one with the principal act and words and expression!i used in this section shall be construed accordin~ly the ten1dri8t ~, ~i (special ,courts) ~, 1984 w88 enacted in the background of disturbed conduiolll ,in certain parts of the country due to criminal activities of the terro~sts in the changed situation, it is felt that it would be adequate and would be in the public interest if the jurisdiction of the spedai courts tilnder the -act is restricted to extremely serious offences of ~~ging war against the government and hijacking' " i 2 it ia accordingly proposed to substitute for the schedule to the aforesaid act a new schedule coverlngonly of!efices under sections 121, 121a, 122 and l23 of the in~an penal code, o1i'ences under sections 4  and 5 of the anti-hijacking act, 1982 and offences involving attempt to commit or abetment to, or conspiracy to, commit any of the said offences and to provide for transfer of cases relating to other offences which are pending before special courts to the ordinary courts under the coee of criminal procedure 3 the bill seeks to achieve the above objects   " new delhi; s b chavan the 6th aug'll" 1985  am,19m - • - (81 or 19m, e· the schei>ule  " [see sectkm 2 (f) ] • palt'l' i-1laan pmati ec1 of!ences under the following provisions of the indian penal code, 41 of 1860 1860:-j' , ,"  ", t (a) sections 121, 121a, 122, 123, 124 and lma; (b) sections 128, 129 and 130; (e) sections 131, 132, 133, 134~ 135, 138, 138 and 140; sections 153a and 1538; sections 188 and 190; sections 212, 216, 216a, 224, , and dib; sections 295 and 295a; sections 302, 3m and 307; (t) sections 308 and 326; (e) sections 332, :m, 342, 343, mi, ms, 341, 3m 363, 364, 985 and 387; sections 392 m, 394, 395, 398, 39'1, 398 399 and 436; sections 505, 506 and 507  part 11-'1'hi: expi4im:s af:r, 181m2 ofrences under the following provisions of the exploeives act, " of 1884 1184::-section 98  pall'l' iii-tja: inman tiiaaaph acr, t_3 oft'ences under the following provisions of the indian tele&raph act,i885:-i! i i 13 of 1885 sections 20 and 25 ~ i'" ·1  part iv-tim i'lmra!r r&!lwayb act, 18804 offences under the followin, proviaiodi of the indian rail, act, 1-=-sec:tlons 126, 131a, 177 and 1 •  part v-the explosive substanci!'s ac:r 1908,6 of 1908 5 offences under the following provisions of the explosive substances act, 1908:-sections 3, 4, 5 and 6  part vi-tm: ar¥s ac:r, 1959mof 1959 6 offences under the following provisions of the arms act, 1959:-sections 25 (1) excluding clause (b) 25(la), 25(18) excluding clauses (d), (e), (i), 26, '1:1,28 and 29  part vii-the unlawful activitii!'s (paevennon) acr, 196787 of 1967 7 oi!ences under the following provisions of the unlawful activities (prevention) act, 1967:-sections 10, 11, 12 and 13  part vin-the anti-lhracking act, 198265 of 1982 8 offences under the following provisions of the anti-hijacking act 1982:-sections 4 and 5  part ix-the suppression of unlawful acts against safety of civil aviation ar:r, 1982ee qt 1082 9 offences under the following provisions of the suppression of unlawful acts against safety of civil aviation act, 1~:-sections 3 mel· 4  part x-tile pr!:vurii()~ of damage to public propeittt mr, 1984~ of 1984 1q offences under the following provisions of the prevention of damage to public property act, 1984:-sections 3 and 4 45 of 1860 note l-an offence specified in item 1 (b) of part i of this schedule (that is to say, an offence under section 128, 129 or 130 of the indian penal code) shall be deemed to be a scheduled offence only where such offence is committed in relation to a prisoner accused, charged or convicted of a scheduled offence note 2-an offence specified in item 1 (d) of part i of this schedule (that is to say, an offence under section 308 or section 326 ot the indian penal code) shall be deemed to ~ a scheduled oft'ence only where such offence is committed with a firearm  note a-the offence of criminal conspiracy or attempt to commit, or abetment of, an offence specified in this schedule shall be deemed to be a scheduled offence note 4-the commission of· an offence specified in this schedule by any member of an unlawful assembly shall be deemed to be the commission ~f that scheduled offence by every other dlember of the unlawful assembly " ,~ - bill to amend the terrorist affected areas (speeial courts) ~ 19m 