MISCELLANEOUS (CHAPTER - XII)
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RAILWAY SERVICES (PENSION)
RULES, 1993
CHAPTER - XII
MISCELLANEOUS
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106. Interpretation |
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107. Power of relax |
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108. Repeal and saving |
106. Interpretation - Where any doubt arises as to the
interpretation of these rules, it shall be referred to the Government in the
Ministry of Railway (Railway Board), for decision. The Ministry of Railways
(Railway Board) shall take decision after consulting the Department of Pension
and Pensioners’ Welfare of the Government of
107. Power of relax – Where the pension sanctioning
authority is satisfied that the operation of any of these rules causes undue
hardship in any particular case, that authority, may for reasons to be recorded
in writing, approach the Ministry of Railways (Railway Board) for dispensing
with or relaxing the requirements of that rule to such extent and subject to
such exceptions and conditions as it may consider necessary for dealing with
the case in a just and equitable manner. The Ministry of Railways (Railway
Board) shall examine each such case and arrange to communicate the sanction of
the President to the proposed dispensation or relaxation, as it may consider
necessary keeping in view the merits of each case and keeping in view of an
other statutory provisions:
Provided that no such order
shall be made without concurrence of the Department of Pension and Pensioners’
Welfare, in the Ministry of Personnel, Public Grievances and Pensions,
Government of India.
108. Repeal and saving
- On the commencement of these
rules, every rule, (including those contained in volume II of the Indian
Railway Establishment Code, Fifth Reprint), regulation or order including
circulars (hereinafter referred to in this rule as old rules) in force
immediately before such commencement shall, in so far as it provides for
any of the matters contained in these rules, cease to operate;
- Notwithstanding such cases of
operation
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- every nomination for the
payment of death-cum-retirement gratuity, or of Family Pension 1950;
- every form regarding the
details of family of a railway servant for the purpose of Family
Pension 1964; and
- any nomination for the
payment of death-cum-retirement gratuity or of (Family Pension 1950), any
Form regarding the details of family of a railway servant for the purpose
of Family Pension 1964 as required to be made for given by a railway
servant under the old rule but not made or given before the commencement
of these rules shall be made or given after such commencement in accordance
with the provisions of these rules;
- any case which pertains to
the authorisation of pension to a railway servant who had retired before
the commencement of these rules and is pending before such commencement
shall be disposed of in accordance with the provisions of the old rules
as if these rules had not been made;
- any case which pertains to
the authorisation of death-cum-gratuity and family pension to the family
of a deceased railway servant or of a deceased pensioner and is pending
before the commencement of these rules shall be disposed of in accordance
with the provisions of the old rules as if these rules had not been made;
- subject to the provisions of
clause (c) and (d) anything done or any action taken under the old rule
shall be deemed to have been done or taken under the corresponding
provisions of these rules.
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