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Section 3 of AFT Act 2007 - Definitions

What are the Definitions? Section 3 of Armed Forces Tribunal Act 2007

Section 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;
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.

 

 

 

AFT ACT 2007

Section 2 of AFT Act 2007 - Applicability of the Act

Section 3 of AFT Act 2007 - Definitions

CHAPTER II

ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF

Section 4 of AFT Act 2007 - Establishment of Armed Forces Tribunal

Section 5 of AFT Act 2007 - Composition of Tribunal and Benches thereof

Section 6 of AFT Act 2007 - Qualifications for appointment of Chairperson and other Members

Section 7 of AFT Act 2007 - Appointment of Chairperson and other Members

Section 8 of AFT Act 2007 - Term of office

Section 9 of AFT Act 2007 - Resignation and removal

Section 10 of AFT Act 2007 - Salaries, allowances and other terms and conditions of service of Chairperson and other Members

Section 11 of AFT Act 2007 - Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member

Section 12 of AFT Act 2007 - Financial and administrative powers of Chairperson

Section 13 of AFT Act 2007 - Staff of the Tribunal

CHAPTER III

JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL

Section 14 of AFT Act 2007 - Jurisdiction, powers and authority in service matters

Section 15 of AFT Act 2007 - Jurisdiction powers and authority in matters of appeal against court martial

Section 16 of AFT Act 2007 - Re-trial

Section 17 of AFT Act 2007 - Powers of the Tribunal on appeal under section 15

Section 18 of AFT Act 2007 - Cost

Section 19 of AFT Act 2007 - Power to punish for contempt

Section 20 of AFT Act 2007 - Distribution of business among the Benches

 

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