Section 34 of the Administrative Tribunals Act, 1985 - Power to Remove Difficulties

Section 34 of the Administrative Tribunals Act, 1985 gives the Central Government a limited power to address practical difficulties that arise while giving effect to the Act. The power is exercisable by an order published in the Official Gazette, and any provision made through such an order must remain consistent with the Act.

Section 34: Power to remove difficulties

The statutory wording above follows the current text of Section 34 of the Administrative Tribunals Act, 1985 as published through India Code.

Meaning and scope of Section 34

The expression "power to remove difficulties" refers to a limited executive power intended to deal with practical or transitional problems that may arise in implementing the Administrative Tribunals Act, 1985. It operates only when a difficulty arises in giving effect to the provisions of the Act.

The provision does not confer a general law-making power. Section 34 itself expressly requires that any provision made by the Central Government must be "not inconsistent with the provisions of this Act". An order under Section 34 therefore has to remain within the framework of the Act.

Conditions for exercise of the power

Section 34 indicates several statutory safeguards that govern the exercise of this power:

1. A difficulty must arise: The power is linked to a difficulty in giving effect to the Act.
2. The Central Government acts by order: The statutory power is conferred on the Central Government.
3. Publication in the Official Gazette is required: The order must be formally published.
4. The order cannot be inconsistent with the Act: It cannot be used to alter the legislative scheme in a manner contrary to the Act.
5. The measure must be necessary or expedient: The provision made should be directed to removing the identified difficulty.

Laying of orders before Parliament

Sub-section (2) requires every order made under Section 34 to be laid before each House of Parliament as soon as may be after the order is made. This creates legislative oversight over orders issued by the Central Government under the removal-of-difficulties power.

Related provisions of the CAT Act

Section 34 is part of the miscellaneous provisions of the Administrative Tribunals Act, 1985 and is closely followed by the statutory rule-making provisions. For context, readers may also refer to:

• Section 31 - Members and staff of Tribunal to be public servants
• Section 32 - Protection of action taken in good faith
• Section 33 - Act to have overriding effect
• Section 35 - Power of the Central Government to make rules
• Section 36 - Power of the appropriate Government to make rules
• Section 36A - Power to make rules retrospectively
• Section 37 - Laying of rules

Official sources

For the authoritative statutory text and information relating to the Central Administrative Tribunal, refer to the official government sources listed in the sidebar, including India Code and the Central Administrative Tribunal portal.

Frequently asked questions

What is Section 34 of the Administrative Tribunals Act, 1985?

Section 34 empowers the Central Government to make provisions, by an order published in the Official Gazette, to remove a difficulty arising in giving effect to the Act, provided those provisions are not inconsistent with the Act.

Can an order under Section 34 override the Act?

No. The section expressly states that the provisions made by such an order must not be inconsistent with the Administrative Tribunals Act, 1985.

Is Parliamentary scrutiny required?

Yes. Every order made under Section 34 must, as soon as may be after it is made, be laid before each House of Parliament.