Bare Act Search Results

Armed Forces Tribunal Act 2007 Section 23

Title: Procedure and Power of the Tribunal

State: Central

Year: 2007

(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.

Armed Forces Tribunal Act 2007 Chapter IV

Title: Procedure

State: Central

Year: 2007

.....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. Section 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.....

The Armed Forces Tribunal Act, 2007 Complete Act

State: Central

Year: 2007

THE ARMED FORCES TRIBUNAL ACT, 2007 THE ARMED FORCES TRIBUNAL ACT 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 :- 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 date 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.....

Sashastra Seema Bal Act 2007 Section 23

Title: Disobedience to Superior Officer

State: Central

Year: 2007

(1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or In writing or by signal or otherwise, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Force Court,-- (a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and (b) if he commits such offence when not on active duty, be liable to surfer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

Sashastra Seema Bal Act 2007 Section 110

Title: Evidence of Previous Convictions and General Character

State: Central

Year: 2007

(1) When any person subject to this Act has been convicted by a Force Court of any offence, such Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Force Court or by a criminal court, or any previous award of punishment under section 56 or section 58, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Force Courts or other official record; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Force Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.

Sashastra Seema Bal Act 2007 Chapter III

Title: Offences

State: Central

Year: 2007

.....subject to this Act who deserts or attempts to desert the service shall, on conviction by a Force Court,-- (a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and (b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. (4) For the purposes of this Act,.....

Sashastra Seema Bal Act 2007 Chapter VIII

Title: Procedure of Force Courts

State: Central

Year: 2007

.....and of the battalion, unit, or branch of the Force to which they belong. (3) Where a record is made in any battalion book in pursuance of this Act or of any rules made thereunder or otherwise in the discharge of official duties, and purports to be signed by the commanding officer or by the officers whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any office of the Force purporting to be certified to be true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person, subject to this Act, or any unit of the Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of the unit to which such person belongs or is attached, as the case may be and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed shall be evidence of the matters so stated. (6).....