Chapter V - Miscellaneous

MISCELLANEOUS

33.

Interpretation

34.

Power to relax

35.

Repeal and savings

33. .Interpretation :Where any doubt arises as to the interpretation of these rules, it shall be referred to the Ministry of Railways (Railway Board) for pension. 

34.       Power to relax :Where any of the Railway establishment or Unit is satisfied that the operation of any of these rules causes undue hardship in any particular case, that Establishment or Unit, as the case may be, by order for reasons to be recorded in writing, approach the Ministry of Railways for dispensing with or relaxing the requirements of the rule to such extent and subject to such exceptions and conditions, as it may consider necessary for 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 any other statutory provisions. 

            Provided that no such order shall be made except with the concurrence of the Department of Pension  & Pensioners Welfare, in the Ministry of Personnel, Public Grievances and Pensions, Government of India. 

35.       Repeal and Saving : (1) On the commencement of these rules, every rule (including Railway Establishment Code, fifty Reprint) those contained in Volume II of the Indian regulation or order (hereinafter referred to in this rule as the 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 cease of operation - 

(a)        any application for commutation of pension which 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, and 

(b)        subject to the provisions of clause (a), anything done or any action taken under the old rules shall be deemed to have been done or taken under the corresponding provisions of these rules.