BACK87. Interpretation
Where any doubt arises as to the interpretation of these rules, it shall be referred to the Government in the 1[Department of Pension & Pensioner's Welfare] for decision.
Footnote : 1. Substituted by G.I., Dept. of P. & A.R., Notification No. 6 (2)-Pen. (A)/79, dated the 1st August, 1980.
88. Power to relax
Where any Ministry or Department of the Government is satisfied that the operation of any of these rules, causes undue hardship in any particular case, that Ministry or Department, as the case may be, may, by order for reasons to be recorded in writing, dispense with or relax 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 :
Provided that no such order shall be made except with the concurrence of the 1[Department of Pension & Pensioner's Welfare].
Footnote : 1. Substituted by G.I., Dept. of P. & A.R., Notification No. 6 (2)-Pen. (A)/79, dated the 1st August, 1980.
(1) On the commencement of these rules, every rule, regulation or order including Office Memorandum (hereinafter referred to in this rule as the old rule) 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 cesser 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 Government servant for the purpose of Family Pension, 1964 ; and | ||
| 2(iii) | Omitted by notification No. 6(1)-Pen(A)/79 dated 19-5-1980. | ||
| (b) | any nomination for the payment of death-cum-retirement gratuity or of 1[Family Pension, 1950] any form regarding the details of family of a Government servant for the purpose of 1[Family Pension, 1964] 2[ ] required to be made or given by a government 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 1[authorisation of pension] to a Government 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 rule as if these rules had not been made ; | ||
| (d) | any case which pertains to the 1[authorisation of death-cum-retirement gratuity] and family pension to the family of a deceased Government 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 rule as if these rules had not been made ; | ||
| (e) | subject to the provisions of clauses (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. | ||
Footnote : 1. Substituted by G.I., Dept. of P. & A.R., Notification No. 6 (1)-Pen. (A)/79, dated
the 19th May, 1980.
2. Omitted by G.I., Dept. of P. & A.R., Notification No. 6 (1)-Pen. (A)/79, dated the
19th May, 1980.