Section 12 of the Armed Forces Tribunal Act, 2007: Financial and Administrative Powers of Chairperson
Section 12 of the Armed Forces Tribunal Act, 2007 authorises the Chairperson of the Armed Forces Tribunal to exercise prescribed financial and administrative powers over the Tribunal's Benches. It also permits delegation of those powers to another Member or to an officer of the Tribunal, subject to the Chairperson's continuing direction, control and supervision.
Current-law position: Section 12 continues to operate and is supplemented by the Armed Forces Tribunal (Financial and Administrative Powers) Rules, 2008. Those Rules specify the Chairperson's powers and the conditions under which financial authority is to be exercised.
What does Section 12 of the AFT Act, 2007 provide?
Main provision: The Chairperson shall exercise such financial and administrative powers over the Benches as may be prescribed.
Delegation proviso: The Chairperson may delegate such financial and administrative powers as considered appropriate to any other Member or any officer of the Tribunal.
Control over delegated powers: A Member or officer exercising delegated authority continues to act under the direction, control and supervision of the Chairperson.
Meaning of "financial and administrative powers"
The expression refers to the powers required to manage the administrative functioning and financial affairs of the Tribunal and its Benches. Section 12 itself does not list every individual power. Instead, it authorises the Central Government to prescribe the scope of those powers by rules.
Armed Forces Tribunal (Financial and Administrative Powers) Rules, 2008
The Central Government made the Armed Forces Tribunal (Financial and Administrative Powers) Rules, 2008 under Section 41 read with Section 12 of the AFT Act. Rule 4 is the principal provision defining the powers of the Chairperson.
| Rule 4 subject | Effect |
|---|---|
| General level of authority | The Chairperson has powers comparable to those conferred on a Department of the Central Government for the specified financial and service-rule matters. |
| Financial rules | The rule refers to the applicable delegation of financial powers and Government financial-rule framework. |
| Service administration | The rule extends to specified Central Civil Services and related service-rule matters, including leave, joining time, conduct, classification, control and appeal, and provident-fund matters. |
| Financial oversight | Exercise of financial powers is subject to procedural or other instructions issued by the Government and to obtaining advice from the Tribunal's Financial Adviser and Chief Accounts Officer. |
| Matters beyond competence | Where a matter is outside the Chairperson's competence, concurrence of the Ministry of Finance or other competent authority is to be obtained through the Ministry of Defence. |
Can the Chairperson delegate these powers?
Yes. The proviso to Section 12 expressly authorises delegation to another Member or an officer of the Tribunal. The delegated authority is not independent of the Chairperson: the person exercising it remains under the Chairperson's direction, control and supervision.
This allows day-to-day administration to be distributed efficiently while preserving ultimate institutional accountability with the Chairperson.
Role of Section 41 of the AFT Act
Section 41 gives the Central Government power to make rules for carrying out the AFT Act. Section 41(2)(d) specifically authorises rules prescribing the financial and administrative powers that the Chairperson may exercise over the Benches under Section 12.
Administration of AFT Benches
Section 12 should be understood as part of the Tribunal's institutional administration. The Chairperson's authority extends over the Benches for prescribed financial and administrative purposes, while adjudicatory powers continue to be exercised according to the substantive and procedural provisions of the AFT Act.
Key points about Section 12
- Section 12 is titled "Financial and administrative powers of Chairperson".
- The Chairperson exercises prescribed financial and administrative powers over AFT Benches.
- The Central Government prescribes the detailed scope of those powers through rules.
- The Armed Forces Tribunal (Financial and Administrative Powers) Rules, 2008 supplement Section 12.
- The Chairperson may delegate powers to another Member or an officer of the Tribunal.
- Delegated powers remain subject to the Chairperson's direction, control and supervision.
- Financial powers are subject to Government instructions and prescribed financial oversight.
Related AFT Act provisions
Section 12 should be read with Section 11 - Restrictions after ceasing office, Section 13 - Staff of the Tribunal, Section 20 - Distribution of business among Benches, and Section 41 dealing with the Central Government's rule-making power.
Official legal resources
- India Code - Armed Forces Tribunal Act, 2007 and subordinate legislation
- India Code - Armed Forces Tribunal Act, 2007 (PDF)
- India Code - Armed Forces Tribunal (Financial and Administrative Powers) Rules, 2008 (PDF)
Law reviewed and article updated: 7 September 2026.