Section 35 of the Administrative Tribunals Act, 1985: Power of the Central Government to Make Rules

Updated: 14 September 2026

Section 35 of the Administrative Tribunals Act, 1985 empowers the Central Government, subject to Section 36, to make rules by notification for carrying out the provisions of the Act. It also identifies specific subjects on which such rules may be framed.

On this page

Text and structure of Section 35
Meaning of the rule-making power
Matters covered by Section 35(2)
Related provisions
Official resources

Section 35 - Power of the Central Government to Make Rules

The Central Government may, subject to the provisions of Section 36, by notification, make rules to carry out the provisions of the Act.
Without limiting that general power, the rules may provide for the matters listed below.

(a) the case or cases to be decided by a Bench composed of more than two Members under clause (d) of sub-section (4) of Section 5;
(b) the procedure under sub-section (3) of Section 9 for investigation of misbehaviour or incapacity of the Chairman or other Member;
(c) salaries and allowances payable to, and other terms and conditions of, the Chairman and other Members;
(d) the form of an application under Section 19, the documents and evidence accompanying it, and fees for filing or for service or execution of processes;
(e) rules governing a Tribunal's power to regulate its own procedure under sub-section (1) of Section 22, and additional matters in which it may exercise civil court powers under clause (i) of sub-section (3) of that section; and
(f) any other matter that may be prescribed or for which rules are required to be made by the Central Government.

What does Section 35 mean?

Section 35 is a delegated legislation provision. Parliament has enacted the principal framework in the Administrative Tribunals Act, 1985, while the Central Government is authorized to fill in procedural and administrative details through rules made by notification.

The words "subject to the provisions of Section 36" are important. Section 36 separately gives the appropriate Government rule-making authority over specified matters. Section 35 therefore operates together with, and not in disregard of, the distribution of rule-making powers set out in Section 36.

Notification

For Section 35, the rule-making power is exercised by notification. In practical terms, rules made under the Act are formally notified by the competent Government authority and acquire legal effect in accordance with the Act and applicable publication requirements.

Prescribed

Where the Act states that a matter may be "prescribed", it refers to a matter to be provided for by rules made under the rule-making authority of the Act.

Matters for which rules may be made under Section 35(2)

1. Larger Benches

Clause (a) permits rules concerning cases that are to be decided by a Bench consisting of more than two Members under Section 5(4)(d).

2. Investigation of misbehaviour or incapacity

Clause (b) covers the procedure connected with investigation under Section 9(3) in relation to alleged misbehaviour or incapacity of the Chairman or another Member.

3. Salaries, allowances and service conditions

Clause (c) authorizes rules concerning salaries, allowances and other terms and conditions of the Chairman and other Members, subject to the Act and other applicable statutory provisions governing tribunal service conditions.

4. Applications under Section 19

Clause (d) permits rules dealing with the form of an application, supporting documents and evidence, filing fees, and fees connected with service or execution of processes. These matters directly affect how proceedings are instituted before an Administrative Tribunal.

5. Tribunal procedure and civil court powers

Clause (e) links the Central Government's rule-making power with Section 22. It allows rules concerning a Tribunal's own procedure and additional matters in which the Tribunal may exercise specified powers of a civil court.

6. Residual rule-making matters

Clause (f) is a residual provision. It enables rules for any other matter that the Act says may be prescribed or otherwise requires the Central Government to regulate by rules.

Legal reading point: Section 35 should be read with the rest of the Act, particularly Sections 5, 9, 19, 22, 36 and 37. Section 37 deals with the laying of rules before Parliament.

Section 34 - Power to remove difficulties

Section 36 - Power of the appropriate Government to make rules

Section 36A - Power to make rules retrospectively

Section 37 - Laying of rules