Rule 35 — CCS (CCA) Rules
Original Rule Text
# 35. Removal ofdoubts
If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the President or such other authority as may be specified by the President by general or special order, and the President or such other authority shall decide the same.
# THE SCHEDULE
{See Rules 5,9(2), 12 (2) and 24}
- Part: I - Central Civil Services, Group 'A'.
What This Means
Rule 35 is the interpretation provision — the designated mechanism for resolving doubts about the meaning of any provision of the CCS (CCA) Rules. If any government servant, departmental authority, or ministry faces a genuine doubt about how to interpret a particular rule, the matter must be referred to the President (or to such other authority as the President may designate through a general or special order), and that authority's decision is final.
This provision reflects the nature of the CCS (CCA) Rules as a statutory instrument framed under the Constitution — interpretation of such rules, when disputed, must be resolved by the highest administrative authority rather than each department deciding differently. In practice, interpretation questions are referred to the Ministry of Personnel, Public Grievances and Pensions (specifically the Department of Personnel and Training, DoPT), which processes these on behalf of the President. DoPT has issued thousands of Office Memoranda over the years clarifying various provisions of the rules, and these are treated as authoritative interpretations.
It is important to note that Rule 35 covers interpretation doubts about the rules themselves. Questions about whether the rules apply to a particular situation, or about purely factual matters, are not 'doubts about interpretation' in this sense. The provision is not a substitute for judicial review — a government servant aggrieved by an administrative interpretation can still challenge it before the Central Administrative Tribunal.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Rule 35 is the official mechanism for resolving interpretation doubts about the CCS (CCA) Rules.
- 2Doubts must be referred to the President (or their designated authority) for a binding decision.
- 3In practice, interpretation questions are referred to and decided by the Department of Personnel and Training (DoPT).
- 4DoPT's Office Memoranda clarifying the rules carry quasi-authoritative weight as Presidential interpretations.
- 5Rule 35 applies to doubts about the rules themselves, not to factual disputes or the application of known law to facts.
- 6Administrative interpretation under Rule 35 does not oust judicial review — a tribunal or court can examine whether the interpretation is legally correct.
Practical Example
The Finance Ministry faced a recurring question: when an employee on deemed deputation (under a different authority's administrative control) commits misconduct, which provision of Rule 20 and Rule 21 applies, and who is the 'lending authority' in a deemed deputation scenario? After considerable internal debate and conflicting practices across different wings, the Ministry referred the question to DoPT under Rule 35. DoPT examined the historical context of the rules, consulted legal counsel, and issued a detailed Office Memorandum clarifying the definition of 'lending authority' and 'borrowing authority' in deemed deputation arrangements. This OM was circulated to all Ministries and became the binding interpretation across the Central Government, eliminating the inconsistency.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.