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Section 41 of AFT Act 2007 - Power of Central Government to make rules

What is Power of Central Government to make rules? Section 41 of Armed Forces Tribunal Act 2007

 

Section 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;

(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.

 

AFT ACT 2007

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 25 of AFT Act 2007 - Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel

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

Section 43 of AFT Act 2007 - Laying of rules

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