Administrative Tribunals Act, 1985

Section 36A of CAT Act 1985 - Power to Make Rules Retrospectively

Section 36A of the Administrative Tribunals Act, 1985 gives a limited statutory power to make specified rules with retrospective effect. The provision also places an express safeguard against retrospective operation that prejudicially affects the interests of a person to whom the rule applies.

Updated: 14 September 2026

Text of Section 36A

The page originally reproduced the substance of Section 36A. The provision should be read with Section 35 and Section 36, because Section 36A does not create a general retrospective rule-making power for every subject under the Act.

What Section 36A means

Section 36A is an enabling provision. It permits retrospective operation only for the rule-making subjects expressly identified in the section. The retrospective date cannot be earlier than the date on which the Administrative Tribunals Act, 1985 received presidential assent, and the rule cannot operate retrospectively in a manner that prejudicially affects the interests of an affected person.

• Retrospective rule-making is limited: the authority must remain within the specific rule-making heads referred to in Section 36A.
• There is a statutory starting-point: a retrospective rule cannot be taken back to a date earlier than the Act's presidential assent.
• There is an express protection against prejudice: retrospective operation cannot be used so as to prejudicially affect the interests of a person to whom the rule is applicable.
• The parent Act remains controlling: a rule must stay within the power conferred by the Act and cannot override the Act itself.

Linked provisions: Sections 35 and 36

Section 35 - Power of the Central Government to make rules

Section 35 empowers the Central Government, subject to Section 36, to make rules by notification for carrying out the provisions of the Act. Section 35(2) lists specified matters for which rules may be made.

Section 36 - Power of the appropriate Government to make rules

Section 36 empowers the appropriate Government to make rules by notification on specified matters, including salaries, allowances and conditions of service of officers and other employees of a Tribunal under Section 13(2).

Why the safeguard against prejudice matters

The closing words of Section 36A are significant because they restrict the use of retrospective delegated legislation. Even where retrospective rule-making is otherwise authorised, the rule cannot be given retrospective effect in a way that prejudicially affects the interests of a person to whom it applies.

Practical reading: whenever a rule is stated to operate from an earlier date, first identify the enabling provision, the precise retrospective date, and whether that retrospective operation adversely affects accrued or existing interests. The exact rule, notification and applicable judicial decisions should be checked before relying on the provision in a particular service matter.

Legislative history of Section 36A

Section 36A was inserted by the Administrative Tribunals (Amendment) Act, 1987 (Act 51 of 1987), with effect from 22 December 1987. The current official text of the Administrative Tribunals Act, 1985 continues to contain Section 36A.

Related CAT Act provisions

For the surrounding statutory scheme, see Section 34 - Power to remove difficulties, Section 35 - Power of the Central Government to make rules, Section 36 - Power of the appropriate Government to make rules, and Section 37 - Laying of rules.