What is Power of Central Government to make rules? Section 41 of Armed Forces Tribunal Act 2007
(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;
(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.
CHAPTER IV PROCEDURE
Section 21 of AFT Act 2007 - Application not to be admitted unless other remedies exhausted
Section 22 of AFT Act 2007 - Limitation
Section 23 of AFT Act 2007 - Procedure and powers of the Tribunal
Section 24 of AFT Act 2007 - Term of sentence and its effect on appeal
Section 26 of AFT Act 2007 - Condition as to making of interim order
Section 27 of AFT Act 2007 - Power of Chairperson to transfer cases from one Bench to another
Section 28 of AFT Act 2007 - Decision to be by majority
Section 29 of AFT Act 2007 - Execution of order of Tribunal
CHAPTER V APPEAL
Section 30 of AFT Act 2007 - Appeal to Supreme Court
Section 31 of AFT Act 2007 - Leave to appeal
Section 32 of AFT Act 2007 - condonation
CHAPTER VI MISCELLANEOUS
Section 33 of AFT Act 2007 - Exclusion of jurisdiction of civil courts
Section 34 of AFT Act 2007 - Transfer of pending cases
Section 35 of AFT Act 2007 - Provision for filing of certain appeals
Section 36 of AFT Act 2007 - Proceedings before Tribunal to be judicial proceedings
Section 37 of AFT Act 2007 - Members and staff of Tribunal to be public servants
Section 38 of AFT Act 2007 - Protection of action taken in good faith
Section 39 of AFT Act 2007 - Act to have overriding effect
Section 40 of AFT Act 2007 - Power to remove difficulties
Section 41 of AFT Act 2007 - Power of Central Government to make rules
Section 42 of AFT Act 2007 - Power to make rules retrospectively