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Section 36 of The Administrative Tribunals Act, 1985 — Power of the appropriate Government to make rules

Bare section text

Official Legislative Text

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

(a)the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** 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 sub-section (2) of section 13; 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.

Educational Study Layer

Summary

The "appropriate government" (which could be Central or State) has power to make specific rules.
They set the financial and administrative powers that the Chairman can use over the Benches.
They decide the pay, allowances, and job conditions for the Tribunal's staff and officers.
This section covers any other rule-making needs that are not already handled by the Central Government under Section 35.

Practical examples

1The State Government of Maharashtra decides that the staff at the Mumbai Bench should receive a specific housing allowance. They pass this rule under Section 36.

2To keep the office running, the Central Government uses Section 36 to give the Chairman of the Central Administrative Tribunal the power to spend up to 10,000 rupees on office supplies without extra permission.

FAQ

1. Who is the "appropriate government" in Section 36?

For the Central Tribunal, it is the Central Government. For a State Tribunal, it is that specific State Government.

2. What powers of the Chairman are defined here?

The rules define the financial and administrative powers the Chairman uses to manage the different Benches.

Practice Quiz

Q1.Under Section 36 of The Administrative Tribunals Act, 1985, who makes rules for the salaries of the officers and employees of a State Administrative Tribunal?

Q2.Section 36 of The Administrative Tribunals Act, 1985, mentions Section 12. What part of the Chairman's job does this involve?

Q3.What is the restriction found in Section 36(c) of The Administrative Tribunals Act, 1985, regarding rule-making?

Q4.Under Section 36 of The Administrative Tribunals Act, 1985, which section defines the "staff" whose service conditions are being regulated?

35PreviousSection 35 Power of the Central Government to make rules.36ANextSection 36A Power to make rules retrospectively.