SectionsParticulars
Chapter IPreliminary
1Short title and commencement
1.     This Act may be called the Armed Forces Tribunal Act, 2007.2.     It shall come into force on such date as the Central Government may, by notificati...
2Applicability of the Act
1.     The provisions of this Act shall apply to all persons subject to the army Act, 1950, (46 of 1950) the Navy Act, 1957 (62 of 1957) and the Air Force Ac...
3Definitions
In this Act, unless the context otherwise requires,—a.     “Administrative Member” means a member of the Tribunal who is not a Judicial Member within the me...
Chapter IIEstablishment of Tribunal and Benches Thereof
4Establishment of Armed Forces Tribunal
The Central Government shall, by notification, establish a Tribunal to be known as the Armed Forces Tribunal to exercise the jurisdiction, powers and authorit...
5Composition of Tribunal and Benches thereof
1.     The Tribunal shall consist of a Chairperson, and such number of Judicial and Administrative Members as the Central Government may deem fit and, subjec...
6Qualifications for appointment of Chairperson and other Members
1.     A person shall not be qualified for appointment as the Chairperson unless he is a retired Judge of the Supreme Court or a retired Chief Justice of a H...
7Appointment of Chairperson and other Members
1.     Subject to the provisions of this section, the Chairperson and other Members of the Tribunal shall be appointed by the President:Provided that no app...
8Term of office
The Chairperson or a Member shall hold office for a term of four years from the date on which he enters upon his office and shall be eligible for re-appointme...
9Resignation and removal
1.     The Chairperson or a Member may, by notice in writing under his hand addressed to the President, resign his office:Provided that the Chairperson or a...
10Salaries, allowances and other terms and conditions of service of Chairperson and other Members
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chai...
11Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member
On ceasing to hold office—a.     the Chairperson shall be ineligible for further employment either under the Government of India or under the Government of ...
12Financial and administrative powers of Chairperson
The Chairperson shall exercise such financial and administrative powers over the Benches as may be prescribed:Provided that the Chairperson shall have the au...
13Staff of the Tribunal
1.     The Central Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge ...
Chapter IIIJurisdiction, Powers and Authority of the Tribunal
14Jurisdiction, powers and authority in service matters
1.     Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authori...
15Jurisdiction powers and authority in matters of appeal against court martial
1.     Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authori...
16Retrial
1.     Except as provided by this Act, where the conviction of a person by court martial for an offence has been quashed, he shall not be liable to be tried ...
17Powers of the Tribunal on appeal under section 15
The Tribunal, while hearing and diciding an appeal under section 15, shall have the power—a.     to order production of documents or exhibits connected with ...
18Cost
While disposing of the application under section 14 or an appeal under section 15, the Tribunal shall have power to make such order as to costs as it may deem...
19Power to punish for contempt
1.     Any person who is guilty of contempt of the Tribunal by using any insulting or threatening language, or by causing any interruption or disturbance in ...
20Distribution of business among the Benches
The Chairperson may make provisions as to the distribution of the business of the Tribunal among its Benches....
Chapter IVProcedure
21Application not to be admitted unless other remedies exhausted
1.     The Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under th...
22Limitation
1.     The Tribunal shall not admit an application—a.     in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 21 ...
23Procedure and powers of the Tribunal
1.     The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of n...
24Term of sentence and its effect on appeal
1.     The term of any sentence passed by the Tribunal under clause (a) of subsection (6).of section 15 of this Act shall, unless the Tribunal otherwise dire...
25Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel
1.     A person making an application or preferring an appeal to the Tribunal may either appear in person or take the assistance of a legal practitioner of h...
26Condition as to making of interim order
1.     Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by w...
27Power of Chairperson to transfer cases from one Bench to another
On the application of any of the parties and after notice to the parties concerned, and after hearing such of them as he may desire to be heard, or on his own...
28Decision to be by majority
If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if ...
29Execution of order of Tribunal
Subject to the other provisions of this Act, and the rules made there under, the order of the Tribunal disposing of an application shall be final and shall no...
Chapter VAppeal
30Appeal to Supreme Court
1.     Subject to the provisions of section 31, an appeal shall lie to the Supreme Court against the final decision or order of the Tribunal (other than an o...
31Leave to appeal
1.     An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal th...
32Condonation
The Supreme Court may, upon an application made at any time by the appellant, extend the time within which an appeal may be preferred by him to that Court und...
Chapter VIMiscellaneous
33Exclusion of jurisdiction of civil courts
On and from the date from which any jurisdiction, powers and authority becomes exercisable by the Tribunal in relation-to service matters under this Act, no C...
34Transfer of pending cases
1.     Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of the...
35Provision for filing of certain appeals
Where any decree or order has been made or passed by any court (other than a High Court) or any other authority in any suit or proceeding before the establish...
36Proceedings before Tribunal to be judicial proceedings
All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 (45 of 1860) of the Indian Pena...
37Members and staff of Tribunal to be public servants
The Chairperson, other Members and the officers and other employees provided under section 13 to the Tribunal shall be deemed to be public servants within the...
38Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairperson or any other Member or any other person aut...
39Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained, in any other law for the time being in force or in any...
40Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make ...
41Power of Central Government to make rules
1.     The Central Government may, by notification, make rules for the purposes of carrying out the provisions of this Act.2.     Without prejudice to the ...
42Power to make rules retrospectively
The powers to make rules under section 41 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on w...
43Laying of rules
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period o...
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