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Section 41 of AFT Act 2007 - Power of Central Government to Make Rules

Section 41 of the Armed Forces Tribunal Act, 2007 authorises the Central Government to make rules by notification for carrying out the provisions of the Act. Sub-section (2) identifies important subjects on which such rules may be framed without limiting the general rule-making power in sub-section (1).

Updated: September 7, 2026

In brief: Section 41 is the principal delegated-legislation provision of the AFT Act. It covers matters such as composition of larger Benches, investigation of alleged misbehaviour or incapacity of Members, service conditions, Tribunal staff, forms and fees, procedure, appeals and authorisation of counsel.

Section 41 - Power of Central Government to make rules

Section 41(1): The Central Government may, by notification, make rules for the purposes of carrying out the provisions of this Act.

Section 41(2): Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters specified in clauses (a) to (k).

Matters for which rules may be made under Section 41(2)

  1. The case or cases to be decided by a Bench composed of more than two Members under Section 5(3)(c).
  2. The procedure under Section 9(3) for investigation of alleged misbehaviour or incapacity of the Chairperson or another Member.
  3. The salaries and allowances and other terms and conditions of service of the Chairperson and other Members under Section 10.
  4. The financial and administrative powers which the Chairperson may exercise over Benches of the Tribunal under Section 12.
  5. The salaries, allowances and other service conditions of officers and other employees of the Tribunal under Section 13(2).
  6. The form of an application under Section 14(2), accompanying documents and evidence, and the fee for filing or for service or execution of processes.
  7. Other matters which may be prescribed under Section 14(4)(i).
  8. The form and manner of filing an appeal, the fee payable and the time for filing an appeal under Section 15(2).
  9. The rules subject to which the Tribunal may regulate its own procedure under Section 23(1).
  10. The competent authority that may authorise legal practitioners or law officers to act as counsel under Section 25(2).
  11. Any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.

General power and specific subjects

Sub-section (1) contains the general power to make rules for carrying out the Act. Sub-section (2) then lists specific matters but begins with the expression "without prejudice to the generality of the foregoing power." This means the listed subjects explain important areas of delegated rule-making without reducing the breadth of the general power conferred by Section 41(1).

Existing rules made under the AFT Act

Official AFT and India Code resources continue to list subordinate legislation made under the Armed Forces Tribunal Act. These include the Armed Forces Tribunal (Procedure) Rules, 2008, the Armed Forces Tribunal (Practice) Rules, 2009, the Armed Forces Tribunal (Procedure) Amendment Rules, 2011 and other rules concerning administration and recruitment.

The Armed Forces Tribunal (Procedure) Rules, 2008 expressly state that they were made in exercise of powers conferred by clauses (f), (g) and (k) of Section 41(2).

Section 41 and Tribunal procedure

Clause (i) of Section 41(2) is particularly important for Tribunal procedure. It permits rules governing the conditions subject to which the Tribunal regulates its own procedure under Section 23(1).

Section 41 and applications under Section 14

Clause (f) authorises rules prescribing the form of an application under Section 14(2), the documents and evidence that must accompany it, and applicable filing or process-related fees. Clause (g) covers other matters that may be prescribed under Section 14(4)(i).

Section 41 and court-martial appeals under Section 15

Clause (h) permits rules prescribing the form and manner of filing an appeal, the applicable fee and the filing period under Section 15(2). These rules operate within the substantive appellate jurisdiction conferred by the Act.

Section 41 compared with Sections 40, 42 and 43

Provision Function
Section 40 Created a temporary power to remove implementation difficulties, subject to a two-year statutory sunset.
Section 41 Provides the continuing rule-making power for carrying out the provisions of the Act.
Section 42 Allows rules under Section 41 to be given limited retrospective effect, subject to statutory safeguards.
Section 43 Requires rules made under the Act to be laid before each House of Parliament and provides for parliamentary modification or annulment.
Delegated legislation: Rules made under Section 41 derive their authority from the Armed Forces Tribunal Act. They must operate within the scope of the rule-making power and remain subject to the parent Act and the safeguards in Sections 42 and 43.

Official legal resources

Related AFT Act provisions

See Section 40 - Power to remove difficulties, Section 42 - Power to make rules retrospectively, and Section 43 - Laying of rules. The wider statutory structure is available on the Armed Forces Tribunal Act, 2007 page.

This page is an informational presentation of Section 41. For an operative procedural or administrative requirement, the current rule or amendment notification applicable to the particular subject should also be checked.