ee a Sh we. 04/0007/2003--05 -EGD. NO. D. L. CN) 04/0007/2003 Che Gazette of FS India Wikre & wenrhira PUBLISHED BY AUTHORITY | WEEKLY a 15] ae facet, werd 20-Weng 26, 2008, wrtartararg 29—sTaUT 4, 1930 No. 15] NEW DELHI, JULY 20—JULY 26, 2008, SATURDAY/ASADHA 29—SRAVANA 4, 1930 va arr et Reet ges Ser at writ @ fire fe ae gon dart S wr W var wT aa Separate Paging is given to this Part in order that it may be filed as a separate compilation art I—waus 4
PART Ii—Section 4 Tat Marea ert wrt few ae aififirs Praq sit order Statutory Rules and Orders issued by the Ministry of Defence TAT WaT ag feeett, 21 Gere, 2008 LPL, 64,—Ha THR, Aer ser sifremen sifraa, 2007 (2007 a 55) st UR 41 Bt STMT (1) Se STINT
(2) # as (|@) S are ofed ere 9 St saeTT (3) SRT Wee MRA aT van Set EU, Prafefian Prem aan @, aeiq — 1, @farer area atte urest—(1) sa fraat ar afart ae aster ger afar (stem, STEM BIR aI Gee | RATA M aaa B saan +H fer wiwar) Fra, 2008 2 |
(2) aa A ver at ate at wee et |
2. aL es at feene.-a frag, ares Fe sfireen SF eles sea, Tea, werafte wee sik ~faH Wee wT wy Bit | 3, uftarend—(1) ot Fraat AF aa ae dest SB sraen artfna 7 2,-
(m) “afatraa” 8 area se afar afefran, 2007 (2007 sr 55) afi z;
(@) “werofia aeeq” O sac afefraa & sea wenfta area ae sfencr at ae Wee, Bi UI 3 S GS (B) @ aeaferta =afrs gees al 2, afd 2;
(1) “area” sifzarer or sreqet aiftnta & atk gad soreqar ch afinferd @;
2646 G1/2008 (247) 248 THE GAZETTE OF INDIA: JULY 26, 2008/SRAVANA 4, 1930 [Part Il—Sec. 4]
(a) “afate” @ fran 4 & sofras (2) A fate afhfa afta 2;
| (z) “saraeter” @ wseufa gro fra 5 sutra (2) & aia ota wet @ fer Fryaa Seam =n aT ale area =areaeiter safe B;
(3) “afte aeea” 8 sar safeties & sete Pra stim ar eer aati @ sik gee ae sreTeT aT TTET sh aftafers & at ura 6 st soere (2) F fate aly sear cam 2;
(3) “aR” 8 after an ae acer (ee a werehte) afta t ak ged arena atk steal aftaferd e; |
(a) “arr” 4 afutrer at ate ore afate 2;
(a) “afte” a se afatem & aris watts eres ae afirerr afte 2;
(a) “saema” 8 aftenen ar saeaa afte 2;
(2) 3a wet aie veal &, a ra sega ate afte et @ org res Set efter efi, 2007 (2007 wl 55) A afcafia &, set sel ett ot fahren ae 4, frearaal & arauor @ fer afhfa — (1) af Sate weer are ag fafad ferme wren at are & fret fect Ree Meteo eTETE a STH Teg Hea aI Pros we A area oe Phe ata atten Fee Te et at ae Ue fread at ont orrdtt Beit |
(2) af unite oreia S wean Sate WER afew sr ada wen sraern arent 2 ct ae sa frase a, sae THe ara aed Arad AF Me me ws otal wr saan sel w fee ahhfs S aaa cert fred Preatefad arftrert et: . .
(i) arse ata —3Teqa
(ii) 9 Ofaa, ten Area HRA Gii) afaa, fafa ari — Aa fav fafa atk ary AaeTa
(3) fafa arden & fae viwar ak wala waa aishh fared ofteret ar ares afafefad ser sik a raat & aes seada area B fare -araeiter gra at UA ate ata S Geta Bea sr aver ot aftafera zs 1
(4) afaft at Frend weafa a, serdcain, weata srr ca Pre fates at ort aret safe ae tee weqa HoT | 5, ~arareitet cer sitet ea-(1) afhfa S Freand ura et we ale went st ae wae fe feet cee wR SEK TT eT S sah sae st ars we SF fore gfergat aru sat a, Sa a yer eng Bl Ue Pree et fereey ae ae etn fe aia eel & fee seas aera & we =e at safes fear sre |
(2) Tyas, ART SRI, wren gs are wie et eh BAA Toa ATS Prat ath |
(3) Sofas (2) & aes =arereier at fafa at een Safina Geer Ht St SEH |
(4) TReaft, saa eee at Prafefon st war wie Is
(i) Waftre Tees B fares amie Bt ag sie srearty aT Her;
(ii) arfrat ar ser, ae iE a; atk
(ii) Wha @ Gara afas cana |
(5) Safa (2) & sae Paget Fear aren arent, areata Pe Free are ne re ee a Ti at | [art Hare 4] _ SRA HT TAA_:-YOME 26, 2008/9 4, 1930 249
(6) Safire weer at, sree ero se Pare fare fire art art ara Se ster when oar wa fafa Ser we BT al afagand seer fear SET |
(7) wei ae afrafas t fe dafira ae fret unite a afee sraneia S arr stat ae aw aadeal an Frder wel A aad? ait sa after aU gan fea ore 2, at arate, mech ere ga warned frase fire or are fate ats To Bees at Paferceta wen ar way HiT sit Male Gacy, arene so sa Pre amiss fae a ae aaa ster tet Fafectita wien & fey eared Bl Wega BUT |
(8) fafrcar te weet at sarees agit aT are Fafanettr eter sete ake areata a war Featé sega at fare?
ae afua etm fir ear areca tet o fread Bees area ae a a HATS
(9) aft aeea tel Pafaecter ater ere @ gare seer 2 st Paneer wie grea aveareass eet ae at ate, marae wea fecté weqa atm freed ae aia etn fs seer ale at Uden wart S ar fears ste area, tet featd wea eh ]R We SUM ara fie Vee enbifte a ares srarein S tifea fst acer A sreardfira F
(10) =arneitst, aera & fafad Her otk fafa featd, af& alg ot, ox fran Set S Gea Tata (4) FH GE (i) 4 faite ardat A waters ae gar sik Cet ae A, Teer at wfatan ar Ue Ta feed ser Wega Be aT Bary TAK fea STEM |
(11) Sata Be Fees & fees ae pa ae & fae sa afsardt aus afiaan Fras Be |
(12) Get Sala GE 4 sear Are =e H AAA Wed HA H fora ale afvaan Prasat fra st, avi Paha wees al ot Tae gra aafia feat sfsarea sro saa Ae Wega Se aw fee sega fear aTeT | 6, fammita waiter (arfirat car erhae at sar serast Oot Set ) sifrFraa, 1972 ar ga Praat @ seis wat at any eeu —franita aia Conferet ar eifa aT ren seas Ser HTT) safer, 1972 (1972 Br 18) B sree er Pra & aia at ag opal at ae et ary it Ba 2 faerie aial st om Ra eI 7, warareftor at wife —arneie, fara viva aise, 1908 (1908 = 5) A aiftenfiaa wien are area Aet etm fag Jafte =a fasiat a arieitra etn sik sa ret aren Rae et at ear EPA Forel te a ee A wT FT HoT ate | 8, ae war Pretaa—Fras 6 A sinfete feat aa F ata ea Mt sik sat Fran ae sequn fem fe ari we frag ware Set fart meats, adel at visita at efe AF cad gu afwec F sa weer w fran fag ale ferred araarr aT aia & ain &, Frafaa ae wa | 9, Prats set—frat frefad ceca ai frale wat ar daa, sate HEMET BAT FH ANS AB PTS I ATA CP Praat sik areal @ ara fafrafia frat aren | 10, wie Rass Pe SA ara =the waft Bl at feats wegqa Stn fret acta wt wets He TE SAH frend sik sare fare err yeren-yaen afer et ok aqel Sa ae US ade el at ae afaa wa | (wre. 8(1)/2007-St (awe A aa) ] Wr wat, sat aaa MINISTRY OF DEFENCE New Delhi, the 2 1st July, 2008.
S.R.O. 64.— In exercise of the powers conferred by sub-section (3) of Section 9 read with sub-section (1) and clause (b) of sub-section (2) of Section 41 of the Armed Forces Tribunal Act, 2007 (55 of 2007), the Central Government hereby makes the following rules, namely:— 1, Short title and commencement.—(1) These rules may be called the Armed Forces Tribunal (Procedure for investigation of misbehaviour or incapacity of Chairperson, Vice-Chairperson and other Members) Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Extent of application.—These rules shall be applicable to every Chairperson, Vice-Chairperson, Administrative Member and Judicial Member of the Armed Forces Tribunal.
250 THE GAZETTE OF INDIA: JULY 26, 2008/SRAVANA 4, 1930 [Parr Il—Sec. 4] 3
3. Definitions —-(1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Armed Forces Tribunal Act, 2007 (55 of 2007);
(b) “Administrative Member” means a Member of the Armed Forces Tribunal established under the Act who is not a Judicial Member within the meaning of clause (g) of Section 3;
(c) “Chairperson” means a Chairperson of a Tribunal and includes a Vice-Chairperson;
(d) “Committee” means the Committee referred to in sub-rule (2) of rule 4;
(e) “Judge” means a sitting Judge of the Supreme Court appointed by the President under sub-rule (2) of rule 5 to conduct the inquiry;
(f) “Judicial Member” means a Member of a Tribunal appointed as such under the Act, and includes the Chairperson or a Vice-Chairperson who possesses any of the qualifications specified in sub-section (2) of Section 6;
(g) “Member” means a Member (whether Judicial or Administrative) of the Tribunal, and includes a Chairperson and a Vice-Chairperson;
(h) “Section” means a Section of the Act;
(i) “Tribunal” means the Armed Forces Tribunal established under the Act;
@) “Vice-Chairperson” means a Vice-Chairperson of the Tribunal.
(2) Words and expressions used in these rules and not defined but defined in the Armed Forcés Tribunal Act, 2007 (55 of 2007) shall have the meaning respectively assigned to them in the Act.
4. Committee for investigation of complaints.—(1) Ifa written complaint, alleging any definite charge of misbehaviour or incapacity to perform the functions of the office in respect of a Member is received by the Central Government, it shall make a preliminary scrutiny of such complaint.
(2) If, on preliminary scrutiny, the Central Government considers it necessary to investigate into the allegation, it shall place the complaint together with supporting material as may be available, before a Committee consisting of the following officers to investigate into the charges made in the complaint :
@ Cabinet Secretary —Chairperson
(ii) Secretary, Ministry of Defence —Member
(ii) Secretary, Department of Legal Affairs, —Member Ministry of Law and Justice
(3) The Committee shall devise its own procedure and method of investigation which may include recording of evidence of the complainant and collection of material relevant to the inquiry which may be conducted by a Judge of the Supreme Court under these rules.
(4) The Committee shall submit its findings to the President as early as possible within a period'that may be specified by the President in this behalf.
5. Judge to conduct inquiry.—(1) If on the receipt of the findings of the committee, the President is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehaviour or incapacity of a Member, he shall make a reference to the Chief Justice of India requesting him to nominate a Judge of the Supreme Court to conduct the inquiry.
(2) The President shall, by order, appoint the Judge of the Supreme Court nominated by the Chief Justice of India for the purpose of conducting the inquiry.
(3) Notice of appointment of a Judge under sub-rule (2) shall be given to the Member concermed.
(4) The President shall forward to the Judge a copy of —
(i) the articles of charges against the Member concerned and the statement of imputations;
(ii) the statement of witnesses, if any, and
(iii) material documents relevant to the inquiry.
[art es 4] NA BST WITT : Bers 26, 2008/T 4, 1930 251
(5) The Judge appointed under sub-rule (2) shall complete the inquiry within such time or further time as may be specified by the President.
_(6) The Member concerned shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Judge.
(7) Where it is alleged that the Member concerned is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Member by such Medical Board as may be appointed for the purpose by the President and the Member concerned shall _ submit himself to such medical examination within the time specified in this behalf by the Judge.
(8) The Medical Board shail undertake such medical examination of the Member.as may be considered necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Member unfit to continue in office.
(9) If the Member refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge stating therein the examination which the Member has refused to undergo, and the Judge may, on receipt of such report, presume that the Member suffers from such physical or mental incapacity as is alleged against the Member.
(10) The Judge may, after considering the written statement of the Member and the Medical Report, if any, amend the charges referred to in clause (i) to sub-rule (4) and in such a case, the Member shall be given a reasonable opportunity of presenting a fresh written statement of defence.
(11) The Central Government shall appoint its officer or an advocate to present the case against the Member.
(12) Where the Central Government has appointed an advocate to present its case before the Judge, the Member concerned shall also be allowed to present his case by an advocate chosen by him.
6. Application of the Departmental Inquiries (Enforcement of Witness and Production of Documents) Act, 1972, to inquiries under these rules.—The provisions of the Departmental Inquiries (Enforcement of Witness. and Production of Documents) Act, 1972 (18 of 1972), shall apply to the inquiries made under these rules as they apply to departmental inquiries.
7. Powers of Judge.—The Judge shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and shall have power to regulate his own procedure including the fixing of places and times of his inquiry.
8. Suspension of Member.— Notwithstanding anything contained in rule 6 and without any prejudice to any action being taken in accordance with the said rule, the President, keeping in view the gravity of charges, may suspend the Member of the Tribunal against whom a complaint is under investigation or inquiry.
9. Subsistence Allowance.—-The payment of subsistence allowance to a Member under suspension shall be regulated in accordance with the rules and orders for the time being applicable to a Secretary to the Government of India belonging to the Indian Administrative Service.
10. Inquiry Report.—A fter the conclusion of the investigation, the Judge shall submit his report to the President stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit.
[F.No.8 (1)/2007-D(AFT Cell)] SUMAN K. SHARMA, Under Secy.
ae facet, 21 yerg, 2008 wien, 65.-Hala acer, area sa afar afar, 2007 (2007 =r 55) St on 7 Bret visa oT 41 wt STMT (2) B WS (<) SAT Hea Vs aH WaT HUI FU, Tees Te SafHTT gS Se a aT ace wt Pale ST wise at fafratra at & feu frafafad fas sat 2, aeaiq
1. Ciara are ste wre—(1) Fa Prenton afar ae ares Fer aftraren (omreaa ait ora eel at Prafea fee wiper) Fram, 2008 @ |
(2) 4 wera A yarn at athe at age ett |
2. Uftaraé.—(1) 3 raat A we ae deed S orqer ated 7 -
(am) “aftr” ager ae atfirnet afafra, 2007 (2007 1 55) afinta 2;
2646 GTJob-2 252 THE GAZETTE OF INDIA: JULY 26, 2008/SRAVANA 4, 1930 [Part II—Sec. 4] (@) “sera” Qa Ufofa ar steaar arf 2 ;
(a) “afer” 8 ser afahran at erat 4 3 ares went Tee we safe safe @;
(2) 34 wrel atk vel &, at er Fraat A gaa & ste afta et & fag wares ae afte afr, 2007 (2007 . wr55) A uftatea @, aet af eA st sa fafa ae
3. rere BA aT TEP SF STA aR weed S wa S wakes S fee we we alata eri, fret Preafafad ef:
(*) rT H Her Aree BRT APRs Sea ATTA eT STA Marerefte — A (@) Bea, wares sea sft ae
(1) afaa, ara Gea, fort Hares RI
(a) afaa, are aren, fate sik era dare, fay ard frm IRR
4. fefeerent —(1) sareney ate acral at weenie Aer! at we ars wis srak ucla sees ad at areata ak wend fear & fore wart aia SF Brat Var SET |
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(2) wert athe, ffir are Praise wifearial Sat at sifrea eel S aga Sata aE Ere aa a ae aaeft gat & cara FS scree sik ceed a Frafea & fare caferal H aral at faonfter weit
(3) atte aren, afatras st ure 6 sie ena 7 A sniffs saaeyt S ara wear afafe st fermfted a fara BUS FRAT SN MTS Ter aS S Teel a saftey SF sore ste Tee st Pale + fore oafeeral wt ea Et dare att | 6, wert alata at aow.—(1) war afta aera: art dan ae face F arti aot a te at ca ot eT TR arent wet fre tet deal S ear S oftads S fare aro st Maras He EU sesqea gro wife fara TAT |
(2) Rr afhta at aon + fore ae Gevaert afm wo eS ad at sre | Sow cat aha atk cart _ eae at afar S Frad fear sre |
(3) aon & fare afireaa wg, sea atk Ha S ea UH ara was a ETT 7, wert & fee ards. ahem S aed FS sea Bae st SH fee sagan & Hef F ara st waa ames erm at fae Sac |
8. aren are Sere (1) wa UPaf aH feremftel are Scare SB Teer SAS Pree Ss fore Tet Tree ]
(2) Se TGS Fel ae ra RAH TRS ee ere RNR ME NH ST i [BLS 8(1)/2007-St (U UH Ft Aa) ] Gar wat, sar faa New Delhi, the 21st July, 2008 S.R.O. 65.—In exercise of the powers conferred by clause (k) of sub-section (2) of Section 41 read with Section 7 of the Armed Forces Tribunal Act, 2007 (55 of 2007), the Central Government hereby makes the following rules to regulate the procedure of appointment of Vice-Chairperson or other Members of the Armed Forces Tribunal, namely :
1. Short title and commencement.—(1) These rules may be called the Armed Forces Tribunal (Procedure for appointment of Vice-Chairperson and other Members) Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
[Art Tl— ave 4] UA BS UAT : FETE 26, 2008/aat 4, 1930 253
2. Definitions.—(1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Armed Forces Tribunal Act, 2007 (55 of 2007);
(b) “Chairperson” means the Chairperson of Selection Committee;
(c) “Tribunal” means the Armed Forces Tribunal established under section 4 of the Act.
(2) Words and expressions used in these rules and not defined but defined in the Armed Forces Tribunal Act, 2007 (55 of 2007) shall have the meaning respectively assigned to them in the Act.
3. Composition of Selection Committee.—There shall be a Selection Committee for the purpose of the selection of the Vice-Chairperson and Members in the Tribunal consisting of the following:
(a) sitting Judge of the Supreme Court nominated by the Chief Justice of India ~—Chairperson
(b) Chairperson, Armed Forces Tribunal —Member
(c) Secretary to the Government of India, Ministry of Defence —Member
(d) Secretary, Government of India, Ministry of Law and J ustice, Department Legal Affairs —Member 4, Vacancies. (1) The anticipated vacancies of Vice -Chairpersons and Members shall be placed before the Selection Committee for a block of six months, i.e., January to June and July to December of each calendar year.
(2) The Chairperson of the Tribunal shall indicate the number of vacancies of the Vice-Chairperson and the Members to be filled from the judicial stream and the administrative stream respectively to the Central Government whereupon the procedure to fill up the vacancies accordingly shall be initiated by that Government.
5. Procedure for inviting/processing of candidatures.—
(1) The Selection Committee shall devise its own procedure and lay down guidelines for inviting applications as also for the selection of the Vice-Chairperson and the Members of the Tribunal.
(2) The Selection Committee shall recommend the names of persons for appointment as the Vice- Chairperson and Members from amongst the persons on the list of candidates prepared by the Central Government, after obtaining names from the various cadre controlling authorities.
(3) The Central Government shall, after taking into consideration the recommendations of the selection Committee, and in consultation with the Chief Justice of India in accordance with the provision contained in Sections 6 and 7 of the Act, make a list of persons for appointment as the Vice-Chairperson and Members of the Tribunal.
6. Meetings of the Selection Committee.—
(1) The Selection Committee shall normally hold its meetings at New Delhi or at such place or places, as may be authorised by the Chairperson by recording the reasons for the change of the venue of such meetings.
(2) The notice/agenda, as the case may be, for the meeting of the Selection Committee shall be issued in advance. The date and venue for the meeting shall be fixed with the convenience of the Chairperson.
(3) The minimum quorum for the meeting shall be the Chairperson and at least, one other member.
7, Criteria for selection.- Merit in terms of suitability and not seniority shall be the sole criterion in the matter of filling up the post of the Vice-Chairperson from amongst Members of the Tribunal.
8. Consultation with the Chief Justice of India.—
(1) The recommendations of the Selection Committee shall be placed before the Chief Justice of India for his views.
(2) The recommendations of the Selection Committee, together with the views of the Chief Justice of India shall be submitted to the competent authority for orders.
[F.No.8 (1)/2007-D(AFT Cell] SUMAN K. SHARMA, Under Secy.
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