Rule, 2011

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

Che Gazette of India

EXTRAORDINARY

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MINISTRY OF DEFENCE

NOTIFICATION

New Delhi, the 2% July, 2011 8.R.0. 05(E).—In exercise of the powers conferred by clauses (f), (g) and (k) of sub-section (2) of Section 41 of the Armed Forces Tribunat Act, 2007 (55 of 2007), the Central Government hereby makes the following rules to amend the Armed Forces Tribunal (Procedure) Rules, 2008, namely :—

1. Short title and Commencement.—(1) These rules may be called the Armed Forces Tribunal (Procedure)

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Inthe Armed Forces Tribunal (Procedure) Rules, 2008, (hereinafter referred to as the Principal Rules), (a) Rules 7 shall be re-numbered, as sub-rule (1) thereof and after sub-rule (1) of rules 7 as so re-numbered, the following sub-rule shall be inserted, namely :— *(2) — Notwithstanding anything contained in sub-rule (1), the application fee referred to in that sub- rule shall be payable only in respect of—

(i) Review Application (RA);

(iify Contempt Application (CA);

{iv) Application for restoration of Petition (MA); and

(v) Application for transfer of case (from one Bench to another or from one court to another in the same Bench) (AT)”.

3. After rule 12 of the principal rules, the following sub-rule shall be inserted, namely : — “12A.—E’very application under rule 8 and the reply under rule 12 shall be supported by an affidavit of the person verifying the application or reply, as the case may be.” [F. No. 1(1)2011-D(AFT Cell)] ARUN KUMAR BAL,Jt. Secy.

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Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Armed Forces Tribunal Act, 2007