Section 37 of the Administrative Tribunals Act, 1985 - Laying of Rules

Section 37 of the Administrative Tribunals Act, 1985 prescribes the legislative laying procedure for rules made under the Act. It distinguishes between rules made by the Central Government and those made by a State Government.

In brief: Central Government rules must be placed before both Houses of Parliament for a total period of thirty days. State Government rules must be placed before the State Legislature.

What does Section 37 mean?

The expression "laying of rules" refers to the statutory requirement that subordinate legislation made under the Act be placed before the competent legislature. This enables legislative scrutiny of rules made by the executive under powers delegated by Parliament.

Section 37 operates after rules are made under the rule-making provisions of the Act, including Section 35, Section 36, and, where applicable, Section 36A.

Section 37 - Laying of rules

Sub-section (1): Rules made by the Central Government

Every rule made under the Act by the Central Government must be laid, as soon as may be after it is made, before each House of Parliament while Parliament is in session, for a total period of thirty days. The thirty-day period may fall within one session or across two or more successive sessions.

If both Houses agree to modify the rule, it thereafter operates only in the modified form. If both Houses agree that the rule should not have been made, it thereafter ceases to have effect. Any modification or annulment does not invalidate anything already done under the rule before such modification or annulment.

Sub-section (2): Rules made by a State Government

Every rule made by a State Government under the Act must be laid, as soon as may be after it is made, before the State Legislature.

Key points of Section 37

Central Government rules: must be laid before both Houses of Parliament.
Thirty-day period: the laying period for Central Government rules totals thirty days and may span more than one session.
Parliamentary modification: both Houses may agree to modify a rule.
Parliamentary annulment: both Houses may agree that a rule should not be made.
Past actions protected: later modification or annulment does not prejudice the validity of acts already done under the rule.
State Government rules: must be laid before the concerned State Legislature.

Why is the laying requirement important?

The rule-making power under the Administrative Tribunals Act is a form of delegated legislation. Section 37 provides legislative oversight by requiring rules to be placed before Parliament or the State Legislature, as applicable. For Central Government rules, the section expressly gives both Houses the ability to agree on modification or annulment.

Official text and sources

For the authoritative text, see the Administrative Tribunals Act, 1985 on India Code. The Central Administrative Tribunal official portal also provides the Act for reference.

Note: This page is intended as a legal information resource. For filing, litigation, or a question concerning the validity or effect of a particular rule, verify the latest official Gazette notification and applicable judicial decisions.