The Armed Forces Tribunal Act, 2007

ACT NO. 55 OF 2007

PREAMBLE:

An Act to provide for the adjudication or trial by the Armed Forces Tribunal of disputes and complaints with respect to the 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.

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY
SECTIONS

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

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The Armed Forces Tribunal Act, 2007

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