THE ARMED FORCES TRIBUNAL ACT 2007

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.

BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-

 

CHAPTER 1 PRELIMINARY

Section 1 : Short title, extent 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 notification, appoint.

 

Section 2 of AFT Act 2007 - Applicability of the Act

Section 3 of AFT Act 2007 - Definitions

 

CHAPTER II ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF

Section 4 of AFT Act 2007 - Establishment of Armed Forces Tribunal

Section 5 of AFT Act 2007 - Composition of Tribunal and Benches thereof

Section 6 of AFT Act 2007 - Qualifications for appointment of Chairperson and other Members

Section 7 of AFT Act 2007 - Appointment of Chairperson and other Members

Section 8 of AFT Act 2007 - Term of office

Section 9 of AFT Act 2007 - Resignation and removal

Section 10 of AFT Act 2007 - Salaries, allowances and other terms and conditions of service of Chairperson and other Members

Section 11 of AFT Act 2007 - Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member

Section 12 of AFT Act 2007 - Financial and administrative powers of Chairperson

Section 13 of AFT Act 2007 - Staff of the Tribunal

 

CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL

Section 14 of AFT Act 2007 - Jurisdiction, powers and authority in service matters

Section 15 of AFT Act 2007 - Jurisdiction powers and authority in matters of appeal against court martial

Section 16 of AFT Act 2007 - Re-trial

Section 17 of AFT Act 2007 - Powers of the Tribunal on appeal under section 15

Section 18 of AFT Act 2007 - Cost

Section 19 of AFT Act 2007 - Power to punish for contempt

Section 20 of AFT Act 2007 - Distribution of business among the Benches

 

CHAPTER IV PROCEDURE

Section 21 of AFT Act 2007 - Application not to be admitted unless other remedies exhausted

Section 22 of AFT Act 2007 - Limitation

Section 23 of AFT Act 2007 - Procedure and powers of the Tribunal

Section 24 of AFT Act 2007 - Term of sentence and its effect on appeal

Section 25 of AFT Act 2007 - Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel

Section 26 of AFT Act 2007 - Condition as to making of interim order

Section 27 of AFT Act 2007 - Power of Chairperson to transfer cases from one Bench to another

Section 28 of AFT Act 2007 - Decision to be by majority

Section 29 of AFT Act 2007 - Execution of order of Tribunal

 

CHAPTER V APPEAL

Section 30 of AFT Act 2007 - Appeal to Supreme Court

Section 31 of AFT Act 2007 - Leave to appeal

Section 32 of AFT Act 2007 - condonation

 

CHAPTER VI MISCELLANEOUS

Section 33 of AFT Act 2007 - Exclusion of jurisdiction of civil courts

Section 34 of AFT Act 2007 - Transfer of pending cases

Section 35 of AFT Act 2007 - Provision for filing of certain appeals

Section 36 of AFT Act 2007 - Proceedings before Tribunal to be judicial proceedings

Section 37 of AFT Act 2007 - Members and staff of Tribunal to be public servants

Section 38 of AFT Act 2007 - Protection of action taken in good faith

Section 39 of AFT Act 2007 - Act to have overriding effect

Section 40 of AFT Act 2007 - Power to remove difficulties

Section 41 of AFT Act 2007 - Power of Central Government to make rules

Section 42 of AFT Act 2007 - Power to make rules retrospectively

Section 43 of AFT Act 2007 - Laying of rules