Vidhi Codex

The Armed Forces Tribunal Act, 2007

The Armed Forces Tribunal Act, 2007

Defence200744 sections6 chapters

The Armed Forces Tribunal Act, 2007, establishes a specialized judicial body to resolve legal disputes for India's military. This law applies to serving and retired members of the Army, Navy, and Air Force, as well as their dependents. It regulates service matters like pensions, promotions, and retirements, and acts as an appellate court for court martial convictions. The Act is highly important because it expedites justice by shifting such cases from overloaded civil courts to a dedicated forum featuring both judicial and military experts, thereby ensuring fair, customized, and efficient resolution of service disputes for those who serve the nation.

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Chapter I PRELIMINARY →

  1. 1Short title and commencement.
  2. 2Applicability of the Act.
  3. 3Definitions.

Chapter II ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF →

  1. 4Establishment of Armed Forces Tribunal.
  2. 5Composition of Tribunal and Benches thereof.
  3. 6Qualifications for appointment of Chairperson and other Members.
  4. 7Appointment of Chairperson and other Members.
  5. 8Term of office.
  6. 9Resignation and removal.
  7. 9AQualifications, terms and conditions of service of Chairperson and Member
  8. 10Salaries, allowances and other terms and conditions of service of Chairperson and other Members.
  9. 11Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member.
  10. 12Financial and administrative powers of Chairperson.
  11. 13Staff of the Tribunal.

Chapter III JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL →

  1. 14Jurisdiction, powers and authority in service matters.
  2. 15Jurisdiction, powers and authority in matters of appeal against court martial.
  3. 16Re-trial.
  4. 17Powers of the Tribunal on appeal under section 15.
  5. 18Cost.
  6. 19Power to punish for contempt.
  7. 20Distribution of business among the Benches.

Chapter IV PROCEDURE →

  1. 21Application not to be admitted unless other remedies exhausted.
  2. 22Limitation.
  3. 23Procedure and powers of the Tribunal.
  4. 24Term of sentence and its effect on appeal.
  5. 25Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel.
  6. 26Condition as to making of interim order.
  7. 27Power of Chairperson to transfer cases from one Bench to another.
  8. 28Decision to be by majority.
  9. 29Execution of order of Tribunal.

Chapter V APPEAL →

  1. 30Appeal to Supreme Court.
  2. 31Leave to appeal.
  3. 32Condonation.

Chapter VI MISCELLANEOUS →

  1. 33Exclusion of jurisdiction of civil courts.
  2. 34Transfer of pending cases.
  3. 35Provision for filing of certain appeals.
  4. 36Proceedings before Tribunal to be judicial proceedings.
  5. 37Members and staff of Tribunal to be public servants.
  6. 38Protection of action taken in good faith.
  7. 39Act to have overriding effect.
  8. 40Power to remove difficulties.
  9. 41Power of Central Government to make rules.
  10. 42Power to make rules retrospectively.
  11. 43Laying of rules.

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