Section 36 of the Administrative Tribunals Act, 1985: Power of the Appropriate Government to Make Rules

Section 36 of the Administrative Tribunals Act, 1985 empowers the "appropriate Government" to make rules, by notification, on specified administrative and service matters concerning a Tribunal. The provision works alongside Section 35, which separately sets out the Central Government's general rule-making power under the Act.

Meaning of "appropriate Government": Under Section 3(d) of the Act, the Central Government is the appropriate Government in relation to the Central Administrative Tribunal and a Joint Administrative Tribunal, while the State Government is the appropriate Government in relation to a State Administrative Tribunal.

Text and Scope of Section 36

Section 36 - Power of the appropriate Government to make rules.

The appropriate Government may, by notification, make rules to provide for all or any of the following matters:

(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the Benches of the Tribunal under Section 12;

(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under Section 13(2); and

(c) any other matter, not being a matter specified in Section 35, in respect of which rules are required to be made by the appropriate Government.

The statutory text is available from the Government of India's India Code page for the Administrative Tribunals Act, 1985.

What Section 36 Means

Section 36 is a delegated legislation provision. Parliament has laid down the substantive framework in the Administrative Tribunals Act, 1985 and has authorized the appropriate Government to prescribe operational details through rules on matters specifically identified by this section.

1. Financial and administrative powers of the Chairman

Clause (a) permits rules concerning the financial and administrative powers that the Chairman may exercise over Tribunal Benches under Section 12 of the Act. This supports the internal administration of the Tribunal and the functioning of its Benches.

2. Service conditions of Tribunal officers and employees

Clause (b) must be read with Section 13(2). It authorizes rules governing the salaries, allowances and conditions of service of Tribunal officers and other employees. Section 13 deals with the staff required to assist a Tribunal in discharging its functions.

3. Residual rule-making matters for the appropriate Government

Clause (c) covers other matters for which rules are required to be made by the appropriate Government, provided those matters are not already specified in Section 35. This helps separate the rule-making fields assigned to the Central Government under Section 35 from those assigned to the appropriate Government under Section 36.

Section 35 and Section 36: Difference

Section 35 gives the Central Government power, subject to Section 36, to make rules for carrying out the provisions of the Act and identifies matters for Central Government rules. Section 36 separately identifies matters on which the "appropriate Government" may make rules. Accordingly, the two provisions should be read together rather than as competing sources of rule-making authority.

Read: Section 35 of the Administrative Tribunals Act, 1985 - Power of the Central Government to make rules.

Historical Amendment Relevant to Section 36

Section 36(a) was amended by the Administrative Tribunals (Amendment) Act, 1986. The amendment omitted the words referring to the "principal Bench and the additional" Benches, leaving the provision to refer generally to the Benches of the Tribunal. The amendment took effect on 22 January 1986.

Related Provision: Section 36A

Section 36A deals with the power to make certain rules retrospectively. It should be consulted where the legal issue concerns the retrospective operation of rules made under the Administrative Tribunals Act.

Read: Section 36A of the Administrative Tribunals Act, 1985 - Power to make rules retrospectively.

Key Points

Rules under Section 36 are made by notification.
The identity of the "appropriate Government" depends on the Tribunal concerned.
For the Central Administrative Tribunal and Joint Administrative Tribunals, the Central Government is the appropriate Government.
For a State Administrative Tribunal, the State Government is the appropriate Government.
Section 36 specifically covers the Chairman's financial and administrative powers and the service conditions of Tribunal staff.
Its residual clause excludes matters already specified in Section 35.

Official Legal Resources

Last reviewed and updated: 14 September 2026.