Chapter XII - Miscellaneous
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 India.
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: (1) 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;
(2) Notwithstanding such caeser of operation-
(a) (i) every nomination for the payment of death-cum-retirement gratuity, or of Family Pension 1950;
(ii) every form regarding the details of family of a railway servant for the purpose of Family Pension 1964; and
(b) 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;
(c) 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;
(d) 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;
(e) 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.