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Section41
The Armed Forces Tribunal Act, 2007

Power of Central Government to make rules

In force From 15 Jun 2008 Act 55 of 2007 As on 19 Oct 2026

Act 55 of 2007 Ministry Defence Enacted 25 Dec 2007 In force 15 Jun 2008 Cited by 1 provision Instruments 10

Section 41 of the Armed Forces Tribunal Act, 2007 deals with power of Central Government to make rules. The Central Government may, by notification, make rules for the purposes of carrying out the provisions of this Act. The Act came into force on 15 Jun 2008.

(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.

Section 41, The Armed Forces Tribunal Act, 2007 (Act 55 of 2007).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 5 Composition of Tribunal and Benches thereof
  2. s. 9 Resignation and removal
  3. s. 10 Salaries, allowances and other terms and conditions of service of Chairperson and other Members
  4. s. 12 Financial and administrative powers of Chairperson
  5. s. 13 Staff of the Tribunal
  6. s. 14 Jurisdiction, powers and authority in service matters
  7. s. 15 Jurisdiction, powers and authority in matters of appeal against court martial
  8. s. 23 Procedure and powers of the Tribunal
  9. s. 25 Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel

Referred to by 1

  1. s. 42 Power to make rules retrospectively

Made under this section, and citing it

10 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

All subordinate legislation

Questions about Section 41

What does Section 41 of the Armed Forces Tribunal Act deal with?

Section 41 of the Armed Forces Tribunal Act is headed "Power of Central Government to make rules". The Central Government may, by notification, make rules for the purposes of carrying out the provisions of this Act.

How do I find court cases under Section 41 of the Armed Forces Tribunal Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Armed Forces Tribunal Act 41, section 41 Armed Forces Tribunal Act, section 41 of the Armed Forces Tribunal Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 41 of the Armed Forces Tribunal Act, and has it changed?

Its own text turns on section 5 (Composition of Tribunal and Benches thereof), section 9 (Resignation and removal), section 10 (Salaries, allowances and other terms and conditions of service of Chairperson and other Members), section 12 (Financial and administrative powers of Chairperson), and on 5 further provisions, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 10: most recently AFT-Accounts-Cadre-Posts-Rules-2019 (2019), then AFT-Group-A RRs (2018), and 8 more.

When did Section 41 of the Armed Forces Tribunal Act come into force?

Section 41 of the Armed Forces Tribunal Act, cited as Armed Forces Tribunal Act 41, came into force on 15 Jun 2008, having been enacted on 25 Dec 2007. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.