Page:Defence of India Act, 1962 on Gazette of India.pdf/19

 Rh Tribunal, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Special Tribunal may make an order to that effect, but the passing of the sentence shall In any case take place in public.

17. A Special Tribunal shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction.

18. (1) A Special Tribunal may pass any sentence authorised by law.

(2) A person sentenced by a Special Tribunal—
 * (a) to death or imprisonment for life, or
 * (b) to Imprisonment for a term of five years or more, under this Act or the rules made thereunder or under sub-section (4) of section (5) of the Indian Official Secrets Act, 1923 as amended by section 6 of this Act.

shall have a right of appeal to the High Court within whose jurisdiction the sentence has been passed, but save as aforesaid and notwithstanding the provisions of the Code, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence of a Special Tribunal, and no court shall have authority to revise such order or sentence, or to transfer any case from a Special Tribunal, or to make any order under section 481 of the Code, or have any jurisdiction of any kind in respect of any proceedings of a Special Tribunal.

(3) The powers conferred upon the appropriate Government by Chapter XXIX of the Code shall apply in respect of a person sentenced by a Special Tribunal.

CHAPTER V EMPLOYMENT OF TECHNICAL PERSONNEL IN THE NATIONAL SERVICE
19. In this Chapter, unless the context otherwise requires,—
 * (a) "employment in the national service" means employment in a notified establishment in pursuance of an order passed under section 23;
 * (b) "employer" means any person who employs technical personnel to do any work in an establishment and includes any