(1) This Act may be called the Armed Forces Tribunal Act, 2007.
= (2)Itshall come into force on such date as the Central Government ma;, by notification, appoint.
’ Short title and commencement.
AppHicability of the Act.
Definitions.
2 ' THE GAZETTE OF INDIA EXTRAORDINARY - [ParT I—
2. (/) The provisions of this Act shall apply to all persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950.
(2) This Act shall also apply to retired personnel subject to the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950, including their dependants, heirs and successors;
in so far as it relates to their service matters.
3. In this Act, unléss the context otherwise requires,—
(a) “Administrative. Member” means a member of the Tribunal who is not a Judicial Member within the meaning of clause (g); -
(b) “application” means an application made under sub-section (2) of section 14;
(c) “appointed day” means the date with effect from whxch the Tribunal is established by notification under section 4;
(d) “Bench” means a Bench of the Tribunal;
(@] “Chairperson;’ ‘means the Chairperson of the Tribunal;
(#) “court martial” means a court martial héld under the Army Act, 1950 or the Navy Act, 1957 including the disciplinary courts constituted under the Act or the Alr Force Act, 1950;
4 (g)“Judicial Member" means amember of the Tribunal appointed as such under this Act, and includes the.Chairperson, who possesses any of the gualifications specified in'sub-section (2) of section 6;
(h) “Member” means a member (whether Judicial or Agiministrative) of the Tribunal and includes the Chairperson;
(¥) “military.custody” means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody;
(/) “notification” means a notification published in the Official Gazette;
* “prescfibed” means prescribed by rules made under this Act;
(/) “President” means the President of I_nd ia;
(m) “rules” means the rules made under this Ac1;_
(n) “wfiu" means the service within 'or outside lndia;‘
(o) “se‘r;d‘ce matters”, in relation to the persons subject to rhe’ Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950, mean all manersrelatmgto the conditions of their service and shall include— .
(i) remuneration (including allowances)',pension and other retirement:
benefits;
(i) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service ahd penal deductions;
(iif) summary disposal and trials where the pumshment of dismissal is awarded;
46 of 1950.
62 of 1957.
45 of 1950.
46 of 1950.
62 of 1957.
45 of 1950.
46 of 1950.
62 of 1957.
45 of 1950.
46 of 1950.
62 of 1957.
45 of 1950.
46 -of 1950.
62 of 1957.
45 of 1950.
" 46 of 1950.
62 of 1957.
45 of 1950.
46 of 1950.
62 of 1957.
45 of 1950.
/ .
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 / (iv) any other matter, whatsoever, but shall not include matters relating to— (#) orders issued under section 18 of the Army Act, 1950, sub-section (/) of section 15 of the NavyAct, 1957 and section 18 of the Air Force Act, 1950; and (#i) transfers and postings including th;e change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950,
(iii) leave of any kind;
(iv) summary court martial except where the punishment is of dismissal or imprisonment for more than three months;
(p) “summary disposals and trials” means summary disposals and trials held under the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950;
(g) “Tribunal” means the Armed Forces Tribunal established under section 4.
CHAPTERII ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF
4. The Central Government shall, by notification, establish a Tribunal to be known as the Armed Forces Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act. /
5. () The Tribunal shall consist of a Chairperson, and such number of Judicial and Administrative Members as the Central Government may deem fit and, subject to the other provisions of this Act, the Junsdxctlon, powers and authority of the Tnbunal may be exerclsed by Benches thereof. ~ Establishment of Armed Forces. Tribunal Composition of Tribunal and Benches thereof.
1{2) Subject to the other provisions.of this Act, a Bench shall consist of one Judicial - Member and one Administrative Member.
- (3) Notwithstanding anything contained in sub-section (/), the Chairperson—
(a) may, in addition to discharging the functions of a Judicial Member of the.
Bench to which he is appointed, discharge the functions of an Admlmstratlve Member _ of any other Bench;
(b) may transfer a Member from one Bench to another Bench;
(c) may, for the purpose of securing that any case or cases, which having regard to the nature of the questions involved, requires or require, in his opinion, or under the rules made under this Act, to be decided by a Bench composed of more than two members, issue such general or special orders, as he may deem fit:
Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.
(4) Subject to the other provisions of this-Act, the Benches of the Tribunal shall ordinarily sit at Delhi (which shall be known as the Principal Bench), and at such other places as the Central Government may, by notification, specify.