THE ARMED FORCES TRIBUNAL ACT, 2007 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CHAPTER II 

ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF 

4.  Establishment of Armed Forces Tribunal. 
5.  Composition of Tribunal and Benches thereof. 
6.  Qualifications for appointment of Chairperson and other Members. 
7.  Appointment of Chairperson and other Members. 
8.  Term of office. 
9.  Resignation and removal. 
9A. Qualifications, terms and conditions of service of Chairperson and Member. 
10.  Salaries, allowances and other terms and conditions of service of Chairperson and other 

Members. 

11.  Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such 

Chairperson or Member. 

12.  Financial and administrative powers of Chairperson. 
13.  Staff of the Tribunal. 

CHAPTER III 

JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL 

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

CHAPTER IV 

PROCEDURE 

21.  Application not to be admitted unless other remedies exhausted. 
22.  Limitation. 
23.  Procedure and powers of the Tribunal. 
24.  Term of sentence and its effect on appeal. 
25.  Right of applicant or of appellant to take assistance of a legal practitioner and of Government, 

etc., to appoint counsel. 

26.  Condition as to making of interim order. 

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SECTIONS 

27.  Power of Chairperson to transfer cases from one Bench to another. 
28.  Decision to be by majority. 
29.  Execution of order of Tribunal. 

30.  Appeal to Supreme Court. 
31.  Leave to appeal. 
32.  Condonation. 

CHAPTER V 

APPEAL 

CHAPTER VI 

MISCELLANEOUS 

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

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THE ARMED FORCES TRIBUNAL ACT, 2007 

ACT NO. 55 OF 2007 

An  Act  to  provide  for  the  adjudication  or  trial  by  Armed  Forces  Tribunal  of  disputes  and 
complaints with respect to commission, appointments, enrolment and conditions of service in 
respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 
1950  and  also  to  provide  for  appeals  arising  out  of  orders,  findings  or  sentences  of  court 
martial held under the said Acts and for matters connected therewith or incidental thereto.  

BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:— 

[25th December, 2007.] 

CHAPTER 1 

PRELIMINARY  

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Armed  Forces  Tribunal  Act, 

2007.  

(2) It shall come into force on such date1 as the Central Government may, by notification, appoint. 

2. Applicability of the Act.—(1) The provisions of this Act shall apply to all persons subject to the 
Army 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 the 
Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), including their dependants, heirs 
and successors, in so far as it relates to their service matters. 

3. Definitions.—In this Act, unless 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  which  the  Tribunal  is  established  by 

notification 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 Navy 
Act, 1957 (62 of 1957) including the disciplinary courts constituted under the  Act or the Air Force 
Act, 1950 (45 of 1950); 

(g)  “Judicial  Member”  means  a  member  of  the  Tribunal  appointed  as  such  under  this  Act,  and 
includes  the  Chairperson,  who  possesses  any  of  the  qualifications  specified  in  sub-section  (2)  of 
section 6; 

(h) “Member” means a member (whether Judicial or Administrative) of the Tribunal and includes 

the Chairperson; 

(i) “military custody” means the arrest or confinement of a person according to the usages of the 

service 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; 

1. 15th June, 2008, vide notification No. S.O. 14(E), dated 13th June, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

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(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), the 
Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to 
the 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 and 
penal 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)  of 
section 15 of the Navy Act, 1957 (62 of 1957) and section 18 of the Air Force Act, 1950 (45 of 
1950); and 

(ii)  transfers  and  postings  including  the  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  (46  of  1950),  the  Navy  Act,  1957  (62  of  1957)  and  the  Air  Force  Act,  1950  (45  of 
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 (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.  

CHAPTER II 

ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF 

4.  Establishment  of  Armed  Forces  Tribunal.—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. Composition of Tribunal and Benches thereof.—(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 be 
exercised by Benches thereof. 

(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 (1), 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 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 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: 

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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. 

6. Qualifications for appointment of Chairperson and other Members.—(1) A person shall not be 
qualified for appointment as the Chairperson unless he is a retired Judge of the Supreme Court or a retired 
Chief Justice of a High Court. 

(2) A person shall not be qualified for appointment as a Judicial Member unless he is or has been a 

Judge of a High Court. 

(3) A person shall not be qualified for appointment as an Administrative Member unless— 

(a) he has held or has been holding the rank of Major General or above for a total period of at 

least three years in the Army or equivalent rank in the Navy or the Air Force; and 

(b) he has served for not less than one year as Judge Advocate General in the Army or the Navy 
or  the  Air  Force,  and  is  not  below  the  rank  of  Major  General,  Commodore  and  Air  Commodore 
respectively. 

Explanation.—When  a  serving  person  is  appointed  as  an  Administrative  Member,  he  shall  have 

retired from service prior to assuming such appointment. 

7. Appointment of Chairperson and other Members.—(1) Subject to the provisions of this section, 

the Chairperson and other Members of the Tribunal shall be appointed by the President: 

Provided that no appointment under this sub-section shall be made except after consultation with the 

Chief Justice of India. 

(2) The President may appoint one or more Members of the Tribunal to be the Vice-Chairperson, or, 

as the case may be, the Vice-Chairpersons, thereof. 

8. Term of office.—The Chairperson or a Member shall hold office for a term of four years from the 

date on which he enters upon his office and shall be eligible for re-appointment: 

Provided that no Chairperson shall hold office as such after he has attained,— 

(a) in case he has been a Judge of the Supreme Court, the age of seventy years; and 

(b) in case he has been the Chief Justice of a High Court, the age of sixty-five years: 

Provided further that no other Member shall hold office as such Member after he has attained the age 

of sixty-five years. 

9. Resignation and removal.—(1) The Chairperson or a Member may, by notice in writing under his 

hand addressed to the President, resign his office: 

Provided that the Chairperson or a Member shall, unless he is permitted by the President to relinquish 
his office sooner, continue to hold office until the expiry of three months from the date of receipt of such 
notice or until a person duly appointed as his successor enters upon his office or until the expiry of his 
term of office, whichever is the earliest. 

(2) The Chairperson or a Member shall not be removed from his office except by an order made by 
the President on the ground of proved misbehaviour or incapacity after an inquiry made by a sitting Judge 
of  the  Supreme  Court  in  which  such  Chairperson  or  other  Member  had  been  informed  of  the  charges 
against him and given a reasonable opportunity of being heard in respect of those charges. 

(3)  The  Central  Government  may,  by  rules,  regulate  the  procedure  for  the  investigation  of 

misbehaviour or incapacity of the Chairperson or other Member referred to in sub-section (2). 

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1[9A.  Qualifications,  terms  and  conditions  of  service  of  Chairperson  and  Member.—
Notwithstanding anything contained in this Act, the qualifications, appointment, term  of office, salaries 
and  allowances, resignation,  removal  and  terms  and conditions  of  service  of the  Chairperson  and  other 
Members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the 
Finance Act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that Act: 

Provided  that  the  Chairperson  and  Member  appointed  before  the  commencement  of  Part  XIV  of 
Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the 
rules  made  thereunder  as  if  the  provisions  of  section  184  of  the  Finance  Act,  2017  had  not  come  into 
force.] 

10.  Salaries,  allowances  and  other  terms  and  conditions  of  service  of  Chairperson  and  other 
Members.—The  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service 
(including pension, gratuity and other retirement benefits) of, the Chairperson and other Members shall be 
such as may be prescribed by the Central Government: 

Provided that neither the salary and allowances nor the other terms and conditions of service of the 

Chairperson and other Members shall be varied to their disadvantage after their appointment. 

11. Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such 

Chairperson or Member.—On ceasing to hold office— 

(a)  the  Chairperson  shall  be  ineligible  for  further  employment  either  under  the  Government  of 

India or under the Government of a State; 

(b) a Member other than the Chairperson shall, subject to the provisions of this Act, be eligible 
for appointment as a member of any other Tribunal but not for any other employment either under the 
Government of India or under the Government of a State; and 

(c) the Chairperson or other Members shall not appear, act or plead before the Tribunal. 

12.  Financial  and  administrative  powers  of  Chairperson.—The  Chairperson  shall  exercise  such 

financial and administrative powers over the Benches as may be prescribed: 

Provided  that  the  Chairperson  shall  have  the  authority  to  delegate  such  of  his  financial  and 
administrative powers as he may think fit to any other Member or any officer of the Tribunal, subject to 
the conditions that such Member or officer shall, while exercising such delegated powers, continue to act 
under the direction, control and supervision of the Chairperson. 

13. Staff of the Tribunal.—(1) The Central Government shall determine the nature and categories of 
the  officers  and  other  employees  required  to  assist  the  Tribunal  in  the  discharge  of  its  functions  and 
provide the Tribunal with such officers and other employees as it may think fit. 

(2)  The  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of  the 

officers and other employees of the Tribunal shall be such as may be prescribed. 

(3) The officers and other employees of the Tribunal shall discharge their functions under the general 

superintendence of the Chairperson. 

CHAPTER III 

JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL 

14.  Jurisdiction,  powers  and  authority  in  service  matters.—(1)  Save  as  otherwise  expressly 
provided  in  this  Act,  the  Tribunal  shall  exercise,  on  and  from  the  appointed  day,  all  the  jurisdiction, 
powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or 
a  High  Court  exercising  jurisdiction  under  articles  226  and  227  of  the  Constitution)  in  relation  to  all 
service matters. 

1. Ins. by Act 7 of 2017, s. 181 (w.e.f. 26-5-2017). 

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(2)  Subject  to  the  other  provisions  of  this  Act,  a  person  aggrieved  by  an  order  pertaining  to  any 
service matter may make an application to the Tribunal in such form and accompanied by such documents 
or other evidence and on payment of such fee as may be prescribed. 

(3)  On  receipt  of  an application relating  to service  matters,  the Tribunal  shall, if  satisfied  after  due 
inquiry, as it may deem necessary, that it is fit for  adjudication by it, admit such application; but where 
the Tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing. 

(4)  For  the  purpose  of  adjudicating  an  application,  the  Tribunal  shall  have  the  same  powers  as  are 
vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect 
of the following matters, namely— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d)  subject  to  the  provisions  of  sections  123  and  124  of  the  Indian  Evidence  Act,                               

1872 (1 of 1872), requisitioning any public record or document or copy of such record or document 
from any office; 

(e) issuing commissions for the examination of witnesses or documents; 

(f) reviewing its decisions; 

(g) dismissing an application for default or deciding it ex parte; 

(h) setting aside any order of dismissal of any application for default or any order passed by it      

ex parte; and 

(i) any other matter which may be prescribed by the Central Government. 

(5) The Tribunal shall decide both questions of law and facts that may be raised before it. 

15. Jurisdiction, powers and authority in matters of appeal against court martial.—(1) Save as 
otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all 
the jurisdiction, powers and authority  exercisable under this Act in relation to appeal against any order, 
decision,  finding  or  sentence  passed  by  a  court  martial  or  any  matter  connected  therewith  or incidental 
thereto. 

(2) Any person aggrieved by an order, decision, finding or sentence passed  by  a court martial may 

prefer an appeal in such form, manner and within such time as may be prescribed. 

(3) The Tribunal shall have power to grant bail to any person accused of an offence and in military 

custody, with or without any conditions which it considers necessary: 

Provided that no accused person shall be so released if there appears reasonable ground for believing 

that he has been guilty of an offence punishable with death or imprisonment for life. 

(4) The Tribunal shall allow an appeal against conviction by a court martial where— 

(a) the finding of the court martial is legally not sustainable due to any reason whatsoever; or 

(b) the finding involves wrong decision on a question of law; or 

(c) there was a material irregularity in the course of the trial resulting in miscarriage of justice, 

but, in any other case, may dismiss the appeal where the Tribunal considers that no miscarriage of justice 
is likely to be caused or has actually resulted to the appellant: 

Provided  that  no  order  dismissing  the  appeal  by  the  Tribunal  shall  be  passed  unless  such  order  is 

made after recording reasons therefor in writing. 

(5) The Tribunal may allow an appeal against conviction, and pass appropriate order thereon. 

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(6) Notwithstanding anything contained in the foregoing provisions of this section, the Tribunal shall 

have the power to— 

(a) substitute  for the findings  of  the  court  martial, a  finding  of  guilty  for  any other  offence for 
which the  offender  could have  been  lawfully  found guilty  by  the court  martial  and  pass  a sentence 
afresh for the offence specified or involved in such findings under  the provisions of the Army Act, 
1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), as the 
case may be; or 

(b) if sentence is found to be excessive, illegal or unjust, the Tribunal may— 

(i) remit the whole or any part of the sentence, with or without conditions; 

(ii) mitigate the punishment awarded; 

(iii)  commute  such  punishment  to  any  lesser  punishment  or  punishments  mentioned  in  the 

Army  Act,  1950  (46  of  1950),  the  Navy  Act,  1957  (62  of  1957)  and  the  Air  Force  Act,                    
1950 (45 of 1950), as the case may be; 

(c) enhance the sentence awarded by a court martial: 

Provided  that  no  such  sentence  shall  be  enhanced  unless  the  appellant  has  been  given  an 

opportunity of being heard; 

(d) release the appellant, if sentenced to imprisonment, on parole with or without conditions; 

(e) suspend a sentence of imprisonment; 

(f) pass any other order as it may think appropriate. 

(7)  Notwithstanding  any  other  provisions  in  this  Act,  for  the  purposes  of  this  section,  the  Tribunal 
shall be deemed to be a criminal court for the purposes of sections 175, 178, 179, 180, 193,  195, 196 or 
228 of the Indian Penal Code (45 of 1860) and Chapter XXVI of the Code of Criminal Procedure, 1973  
(2 of 1974). 

16. Re-trial.—(1) Except as provided by this Act, where the conviction of a person by court martial 
for an offence has been quashed, he shall not be liable to be tried again for that offence by a court martial 
or by any other Court. 

(2)  The  Tribunal  shall  have  the  power  of  quashing  a  conviction,  to  make  an  order  authorising  the 
appellant  to  be  retried  by  court  martial,  but  shall  only  exercise  this  power  when  the  appeal  against 
conviction is allowed  by  reasons  only  of  evidence received  or  available to  be  received  by  the Tribunal 
under this Act and it appears to the Tribunal that the interests of justice require that an order under this 
section should be made: 

Provided that an appellant shall not be retried under this section for an offence other than— 

(a) the offence for which he was convicted by the original court martial and in respect  of which 

his appeal is allowed; 

(b) any offence for which he could have been convicted at the original court martial on a charge 

of the first-mentioned offence; 

(c)  any  offence  charged  in  the  alternative  in  respect  of  which  the  court  martial  recorded  no 

finding in consequence of convicting him of the first-mentioned offence. 

(3)  A  person  who  is  to  be  retried  under  this  section  for  an  offence  shall,  if  the  Tribunal  or  the 
Supreme  Court  so  directs,  whether  or  not  such  person  is  being  tried  or  retried  on  one  or  more  of  the 
original charges, no fresh investigation or other action shall be taken under the relevant provision of the 
Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950) 
as the case may be, or rules and regulations made thereunder, in relation to the said charge or charges on 
which he is to be retried. 

17. Powers of the Tribunal on appeal under section 15.—The Tribunal, while hearing and deciding 

an appeal under section 15, shall have the power— 

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(a) to order production of documents or exhibits connected with the proceedings before the court 

martial; 

(b) to order the attendance of the witnesses; 

(c) to receive evidence; 

(d) to obtain reports from Court martial; 

(e) order reference of any question for enquiry; 

(f) appoint a person with special expert knowledge to act as an assessor; and 

(g) to determine any question which is necessary to be determined in order  to do justice in the 

case. 

18.  Cost.—While  disposing  of  the  application  under  section  14  or  an  appeal  under  section  15,  the 

Tribunal shall have power to make such order as to costs as it may deem just. 

19. Power to punish for contempt.—(1) Any person who is guilty of contempt of the Tribunal by 
using  any  insulting  or  threatening  language,  or  by  causing  any  interruption  or  disturbance  in  the 
proceedings of such Tribunal shall, on conviction, be liable to suffer imprisonment for a term which may 
extend to three years. 

(2) For the purposes of trying an offence under this section, the provisions of sections 14, 15, 17, 18 
and 20 of the Contempt of Courts Act, 1971 (70 of 1971) shall mutatis mutandis apply, as if a reference 
therein to— 

(a) Supreme Court or High Court were a reference to the Tribunal; 

(b) Chief Justice were a reference to the Chairperson; 

(c) Judge were a reference to the Judicial or Administrative Member of the Tribunal; 

(d) Advocate-General were a reference to the prosecutor; and 

(e) Court were a reference to the Tribunal. 

20. Distribution of business among the Benches.—The Chairperson may make provisions as to the 

distribution of the business of the Tribunal among its Benches. 

CHAPTER IV 

PROCEDURE 

21. Application not to be admitted unless other remedies exhausted.—(1) The Tribunal shall not 
ordinarily  admit  an  application  unless  it  is  satisfied  that  the  applicant  had  availed  of  the  remedies 
available to him under the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air 
Force Act, 1950 (45 of 1950), as the case may be, and respective rules and regulations made thereunder. 

(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies 
available to him under the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air 
Force Act, 1950 (45 of 1950), and respective rules and regulations— 

(a) if a final order has been made by the Central Government or other authority or officer or other 
person competent to pass such order under the said Acts, rules and regulations, rejecting any petition 
preferred or representation made by such person; 

(b) where no final order has been made by the Central Government or other authority or officer or 
other person competent to pass such order with regard to the petition preferred or representation made 
by  such  person,  if  a  period  of  six  months  from  the  date  on  which  such  petition  was  preferred  or 
representation was made has expired. 

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22. Limitation.—The Tribunal shall not admit an application— 

(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 21 
has been made unless the application is made within six months from the date on which such final 
order has been made; 

(b)  in  a  case  where  a  petition  or  a  representation  such  as  is  mentioned  in  clause  (b)  of                   

sub-section  (2)  of  section  21  has  been  made  and  the  period  of  six  months  has  expired  thereafter 
without such final order having been made; 

(c) in a case where the grievance in respect of which an application is made had arisen by reason 
of  any  order  made  at  any  time  during  the  period  of  three  years  immediately  preceding  the  date  on 
which jurisdiction, powers and authority of the Tribunal became exercisable under this Act, in respect 
of the matter to which such order relates and no proceedings for the redressal of such grievance had 
been commenced before the said date before the High Court. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Tribunal  may  admit  an  application 
after the period of six months referred to in clause (a) or clause (b) of sub-section (1), as the case may be, 
or prior to the period of three years specified in clause (c), if the Tribunal is satisfied that the applicant 
had sufficient cause for not making the application within such period. 

23. Procedure and powers of the Tribunal.—(1) The Tribunal 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 subject to the other provisions of this Act and any rules made thereunder, the Tribunal 
shall have the power to lay down and regulate its own procedure including the fixing of place and time of 
its inquiry and deciding whether to sit in public or in camera. 

(2) The Tribunal shall decide every application made to it as expeditiously as possible after a perusal 
of  documents,  affidavits  and  written  representations  and  after  hearing  such  oral  arguments  as  may  be 
advanced: 

Provided  that  where  the  Tribunal  deems  it  necessary,  for  reasons  to  be  recorded  in  writing,  it  may 

allow oral evidence to be adduced. 

(3) No adjournment shall be granted by the Tribunal without recording the reasons justifying the grant 

of such adjournment and cost shall be awarded, if a party requests for adjournment more than twice. 

24.  Term  of  sentence  and  its  effect  on  appeal.—(1)  The  term  of  any  sentence  passed  by  the 
Tribunal under clause (a) of sub-section (6) of section 15 of this Act shall, unless the Tribunal otherwise 
directs, be reckoned to commence on the day on which it would have commenced under the Army Act, 
1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), as the case 
may be, under which the court martial against which the appeal was filed, had been held. 

(2) Subject to the provisions of sub-section (3), any sentence passed on an appeal from the Tribunal to 
the Supreme Court in substitution for another sentence shall, unless the Supreme Court otherwise directs, 
be reckoned to commence on the day on which the original sentence would have commenced. 

(3) Where a person who is undergoing sentence is granted stay of the operation of the said sentence, 
either by suspension or otherwise, pending an appeal, the period during which he is so released due to the 
sentence having been so stayed, shall be excluded in computing the term for which he is so sentenced by 
the Tribunal or the Supreme Court, as the case may be. 

25.  Right  of  applicant  or  of  appellant  to  take  assistance  of  a  legal  practitioner  and  of 
Government, etc., to appoint counsel.—(1) A person making an application or preferring an appeal to 
the  Tribunal  may  either  appear  in  person  or  take  the  assistance  of  a  legal  practitioner  of  his  choice  to 
present his case before the Tribunal. 

(2) The Central Government or the competent authority, as may be prescribed, may authorise one or 
more legal practitioners or any of its law officers to act as counsel and every person so authorised by it 
may present its case with respect to any application or appeal, as the case may be, before the Tribunal. 

26. Condition as to making of interim order.—(1) Notwithstanding anything contained in any other 
provisions of this Act or in any other law for the time being in force, no interim order (whether by way of 

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injunction or stay or in any other manner) shall be made on an application or appeal, or in any proceeding 
relating thereto, unless— 

(a) copies of such application or appeal, as the case may be, and all documents in support of the 
plea for such interim order are furnished to the party against whom such application or appeal, as the 
case may be, is made or proposed to be made; and 

(b) opportunity of being heard is given to the other party in the matter: 

Provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an 
interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is 
necessary so to do for preventing any loss being caused to the applicant or to the appellant, as the case 
may be. 

(2) Where any party against whom an interim order, whether by way of injunction or stay or in any 

other  manner,  is  made  on  an  application  or  appeal  or  in  any  proceeding  relating  thereto  under               
sub-section (1), without— 

(a)  furnishing  to  such  party  copies  of  such  application  or  appeal,  as  the  case  may  be,  and  all 

documents in support of the plea for such interim order; and 

(b) giving such party an opportunity of being heard, and making an application to the Tribunal for 
the vacation of such order and furnishing a copy of such application or appeal, as the case may be, to 
the party in whose favour such order has been made or the counsel of such party, 

the Tribunal shall dispose of the application within a period of fourteen days from the date on which it is 
received  or  from  the  date on  which the  copy  of  such  application  is so  furnished,  whichever is  later,  or 
where the Tribunal is closed on the last day of that period, before the expiry of the next working day; and 
if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case 
may be, the expiry of the said next working day, stand vacated. 

27. Power of Chairperson to transfer cases from one Bench to another.—On the application of 
any  of  the  parties  and  after  notice  to  the  parties  concerned,  and  after  hearing  such  of  them  as  he  may 
desire  to  be  heard,  or  on  his  own  motion  without  such  notice,  the  Chairperson  may  transfer  any  case 
pending before one Bench for disposal, to any other Bench. 

28. Decision to be by majority.—If the Members of a Bench differ in opinion on any point, the point 
shall be decided according to the opinion of the majority, if there is a majority, but if the Members are 
equally  divided,  they  shall  state  the  point  or  points  on  which  they  differ  and  make  a  reference  to  the 
Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or 
points by one or more of the Members of the Tribunal and such point or points shall be decided according 
to the opinion of the majority of the Members of the Tribunal who have heard the case, including those 
who first heard it. 

29. Execution of order of Tribunal.—Subject to the other provisions of this Act and the rules made 
thereunder, the order of the Tribunal disposing of an application shall be final and shall not be called in 
question in any Court and such order shall be executed accordingly. 

CHAPTER V 

APPEAL 

30. Appeal to Supreme Court.—(1) Subject to the provisions of section 31, an appeal shall lie to the 
Supreme  Court  against  the  final  decision  or  order  of  the  Tribunal  (other  than  an  order  passed  under 
section 19): 

Provided that such appeal is preferred within a period of ninety days of the said decision or order: 

Provided further that there shall be no appeal against an interlocutory order of the Tribunal. 

(2) An appeal shall lie to the Supreme Court as of right from any order or decision of the Tribunal in 

the exercise of its jurisdiction to punish for contempt: 

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Provided that an appeal under this sub-section shall be filed in the Supreme Court within sixty days 

from the date of the order appealed against. 

(3) Pending any appeal under sub-section (2), the Supreme Court may order that— 

(a) the execution of the punishment or the order appealed against be suspended; or 

(b) if the appellant is in confinement, he be released on bail: 

Provided  that  where  an  appellant  satisfies  the  Tribunal  that  he  intends  to  prefer  an  appeal,  the 
Tribunal may also exercise any of the powers conferred under clause (a) or clause (b), as the case may be. 

31. Leave to appeal.—(1) An appeal to the Supreme Court shall lie with the leave of the Tribunal; 
and  such  leave  shall  not  be  granted  unless it  is  certified  by  the  Tribunal  that  a  point  of  law  of  general 
public  importance  is  involved  in  the  decision,  or  it  appears  to  the  Supreme  Court  that  the  point  is  one 
which ought to be considered by that Court. 

(2) An application to the Tribunal for leave to appeal to the Supreme Court shall be made within a 
period  of  thirty  days  beginning  with  the  date  of  the  decision  of  the  Tribunal  and  an  application  to  the 
Supreme Court for leave shall be made within a period of thirty days beginning with the date on which 
the application for leave is refused by the Tribunal. 

(3) An appeal shall be treated as pending until any application for leave to appeal is disposed of and if 
leave to appeal is granted, until the appeal is disposed of; and an application for leave to appeal shall be 
treated as disposed of at the expiration of the time within which it might have been made, but it is not 
made within that time. 

32. Condonation.—The Supreme Court may, upon an application made at any time by the appellant, 

extend  the  time  within  which  an  appeal  may  be  preferred  by  him  to  that  Court  under  section  30  or               
sub-section (2) of section 31. 

CHAPTER VI 

MISCELLANEOUS 

33.  Exclusion  of  jurisdiction  of  civil  courts.—On  and  from  the  date from  which  any  jurisdiction, 
powers and authority becomes exercisable by the Tribunal in relation to service matters under this Act, no 
Civil Court shall have, or be entitled to exercise, such jurisdiction, power or authority in relation to those 
service matters. 

34.  Transfer  of  pending  cases.—(1)  Every  suit,  or  other  proceeding  pending  before  any  court 
including a High Court or other authority immediately before the date of establishment of the Tribunal 
under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would 
have  been  within  the  jurisdiction  of  the  Tribunal,  if  it  had  arisen  after  such  establishment  within  the 
jurisdiction of such Tribunal, stand transferred on that date to such Tribunal. 

(2) Where any suit, or other proceeding stands transferred from any court including a High Court or 

other authority to the Tribunal under sub-section (1),— 

(a) the court or other authority shall, as soon as may be, after such transfer, forward the records of 

such suit, or other proceeding to the Tribunal; 

(b)  the  Tribunal  may,  on  receipt  of  such  records,  proceed  to  deal  with  such  suit,  or  other 
proceeding, so far as may be, in the same manner as in the case of an application made under sub-
section (2) of section 14, from the stage which was reached before such transfer or from any earlier 
stage or de novo as the Tribunal may deem fit. 

35. Provision for filing of certain appeals.—Where any decree or order has been made or passed by 
any  court  (other  than  a  High  Court)  or  any  other  authority  in  any  suit  or  proceeding  before  the 
establishment of the Tribunal, being a suit or proceeding the cause of action whereon it is based, is such 
that it would have been, if it had arisen after such establishment, within the jurisdiction  of the Tribunal, 
and no appeal has been preferred against such decree or order before such establishment or if preferred, 
the same is pending for disposal before any court including High Court and the time for preferring such 

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appeal under any law for the time being in force had not expired before such establishment, such appeal 
shall lie to the Tribunal, within ninety days from the date on which the Tribunal is established, or within 
ninety days from the date of receipt of the copy of such decree or order, whichever is later. 

36. Proceedings before Tribunal to be judicial proceedings.—All proceedings before the Tribunal 
shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian 
Penal Code (45 of 1860). 

37. Members and staff of Tribunal to be public servants.—The Chairperson, other Members and 
the officers and other employees provided under section 13 to the Tribunal shall be deemed to be public 
servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

38. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government or against the Chairperson or any other Member or any other person 
authorised  by  the  Chairperson,  for  anything  which  is  done  in  good  faith  or  intended  to  be  done  in 
pursuance of this Act or any rule or order made thereunder in the discharge of official duties. 

39.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force or in any instrument 
having effect by virtue of any law other than this Act. 

40. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing 
the difficulty: 

Provided that no order shall be made under this section after the expiry of two years from the date of 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

41.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification, make rules for the purposes of carrying out the provisions of this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(a) the case or cases which shall be decided by a Bench composed of more than two Members 

under clause (c) of sub-section (3) of section 5; 

(b)  the  procedure  under  sub-section  (3)  of  section  9  for  the  investigation  of  misbehaviour  or 

incapacity of Chairperson or other Member; 

(c) the salaries and allowances payable to, and the other terms and conditions of service of the 

Chairperson and other Members under section 10; 

(d) the financial and administrative powers which the Chairperson may exercise over the Benches 

of the Tribunal under section 12; 

(e)  the  salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of  the 

officers and other employees of the Tribunal under sub-section (2) of section 13; 

(f)  the  form  in  which  an  application  may  be  made  under  sub-section  (2)  of  section  14,  the 
documents and other evidence by which such application shall be accompanied and the fee payable in 
respect of the filing of such application or for the service of execution of processes; 

(g) the other matter which may be prescribed under clause (i) of sub-section (4) of section 14; 

(h) the form and manner in which an appeal may be filed, the fee payable thereon and the time 

within which such appeal may be filed under sub-section (2) of section 15; 

(i) the rules subject to which the Tribunal shall have power to regulate its own procedure under 

sub-section (1) of section 23; 

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(j)  competent  authority  who  may  authorise  legal  practitioners  or  law  officers  to  act  as  counsel 

under sub-section (2) of section 25; 

(k) any other matter which may be prescribed or in respect of which rules are required to be made 

by the Central Government. 

42. Power to make rules retrospectively.—The powers to make rules under section 41 shall include 
the power to make such rules or any of them retrospectively from a date not earlier than the date on which 
this Act shall come into operation but no such retrospective effect shall be given to any such rule so as to 
prejudicially affect the interests of any person to whom such rule may be applicable. 

43.  Laying  of  rules.—Every  rule  made  under  this  Act  shall  be  laid,  as  soon  as  may  be  after  it  is 
made, before each House of Parliament while it is in session, for a total period of thirty  days which may 
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making any 
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that rule. 

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