The Armed Forces Tribunal Act, 2007

(1) This Act may be called the Armed Forces Tribunal Act,2007. (2) It shall come into force on such date1as the Central Government may, by notification, appoint.

(1) The provisions of this Act shall apply to all persons subject to theArmy Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950). (2) This Act shall also apply to retired personnel subject to the Army Act, 1950 (46 of 1950) or theNavy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), including their dependants, heirsand successors, in so far as it relates to their service matters.

In this Act, unless the context otherwise requires,-- (a) "Administrative Member" means a member of the Tribunal who is not a Judicial Memberwithin 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 which the Tribunal is established bynotification under section 4; (d) "Bench" means a Bench of the Tribunal; (e) "Chairperson" means the Chairperson of the Tribunal; (f) "court martial" means a court martial held under the Army Act, 1950 (46 of 1950) or the NavyAct, 1957 (62 of 1957) including the disciplinary courts constituted under the Act or the Air ForceAct, 1950 (45 of 1950); (g) "Judicial Member" means a member of the Tribunal appointed as such under this Act, andincludes the Chairperson, who possesses any of the qualifications specified in sub-section (2) ofsection 6; (h) "Member" means a member (whether Judicial or Administrative) of the Tribunal and includesthe Chairperson; (i) "military custody" means the arrest or confinement of a person according to the usages of theservice and includes naval or air force custody; (j) "notification" means a notification published in the Official Gazette; (k) "prescribed" means prescribed by rules made under this Act; (l) "President" means the President of India; (m) "rules" means the rules made under this Act; (n) "service" means the service within or outside India; (o) "service matters", in relation to the persons subject to the Army Act, 1950 (46 of 1950), theNavy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating tothe conditions of their service and shall include-- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority,training, promotion, reversion, premature retirement, superannuation, termination of service andpenal deductions; (iii) summary disposal and trials where the punishment of dismissal is awarded; (iv) any other matter, whatsoever, but shall not include matters relating to (i) orders issued under section 18 of the Army Act, 1950 (46 of 1950), sub-section (1) ofsection 15 of the Navy Act, 1957 (62 of 1957) and section 18 of the Air Force Act, 1950 (45 of1950); and (ii) transfers and postings including the change of place or unit on posting whetherindividually or as a part of unit, formation or ship in relation to the persons subject to the ArmyAct, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of1950); (iii) leave of any kind; (iv) summary court martial except where the punishment is of dismissal or imprisonment formore than three months; (p) "summary disposals and trials' means summary disposals and trials held under the Army Act,1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950); (q) "Tribunal" means the Armed Forces Tribunal established under section 4.

The Central Government shall, by notification,establish a Tribunal to be known as the Armed Forces Tribunal to exercise the jurisdiction, powers andauthority conferred on it by or under this Act.

(1) 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 jurisdiction, powers and authority of the Tribunal may beexercised by Benches thereof. (2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and oneAdministrative Member. (3) Notwithstanding anything contained in sub-section (1), the Chairperson-- (a) may, in addition to discharging the functions of a Judicial Member of the Bench to which heis appointed, discharge the functions of an Administrative 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 ofthe questions involved, requires or require, in his opinion, or under the rules made under this Act, tobe decided by a Bench composed of more than two members, issue such general or special orders, ashe may deem fit: Provided that every Bench constituted in pursuance of this clause shall include at least oneJudicial 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.