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The Armed Forces Tribunal Act, 2007

Central

An Act to provide for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act 1950 and also to provide for appeals arising out of orders, findings or sentences of court martial held under the said Acts and for matters connected therewith or incidental thereto.

Act number
55 of 2007
Ministry
Ministry of Defence
Department
Department of Defence
Enacted
25 Dec 2007

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

44 sections

  1. Section 1Short title and commencement.
  2. Section 2Applicability of the Act.
  3. Section 3Definitions.
  4. Section 4Establishment of Armed Forces Tribunal.
  5. Section 5Composition of Tribunal and Benches thereof.
  6. Section 6Qualifications for appointment of Chairperson and other Members.
  7. Section 7Appointment of Chairperson and other Members.
  8. Section 8Term of office.
  9. Section 9Resignation and removal.
  10. Section 9AQualifications, terms and conditions of service of Chairperson and Member
  11. Section 10Salaries, allowances and other terms and conditions of service of Chairperson and other Members.
  12. Section 11Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member.
  13. Section 12Financial and administrative powers of Chairperson.
  14. Section 13Staff of the Tribunal.
  15. Section 14Jurisdiction, powers and authority in service matters.
  16. Section 15Jurisdiction, powers and authority in matters of appeal against court martial.
  17. Section 16Re-trial.
  18. Section 17Powers of the Tribunal on appeal under section 15.
  19. Section 18Cost.
  20. Section 19Power to punish for contempt.
  21. Section 20Distribution of business among the Benches.
  22. Section 21Application not to be admitted unless other remedies exhausted.
  23. Section 22Limitation.
  24. Section 23Procedure and powers of the Tribunal.
  25. Section 24Term of sentence and its effect on appeal.
  26. Section 25Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel.
  27. Section 26Condition as to making of interim order.
  28. Section 27Power of Chairperson to transfer cases from one Bench to another.
  29. Section 28Decision to be by majority.
  30. Section 29Execution of order of Tribunal.
  31. Section 30Appeal to Supreme Court.
  32. Section 31Leave to appeal.
  33. Section 32Condonation.
  34. Section 33Exclusion of jurisdiction of civil courts.
  35. Section 34Transfer of pending cases.
  36. Section 35Provision for filing of certain appeals.
  37. Section 36Proceedings before Tribunal to be judicial proceedings.
  38. Section 37Members and staff of Tribunal to be public servants.
  39. Section 38Protection of action taken in good faith.
  40. Section 39Act to have overriding effect.
  41. Section 40Power to remove difficulties.
  42. Section 41Power of Central Government to make rules.
  43. Section 42Power to make rules retrospectively.
  44. Section 43Laying of rules.