Army and Air Force (Disposal of Private Property) Act,1950
Act No : 40
Section :
Property of deceased persons and deserters other than officers.
3. Property of deceased persons and deserters other than officers. (1) On the death or desertion of any person, not being an officer, subject to the Army Act, 1950, (46 of 1950.) or the Air Force Act, 1950, (45 of 1950.) as the case may be, the commanding officer of the corps, department, detachment or unit to which the deceased or deserter belonged, shall, as soon as may be and subject to any rules that may be made in this behalf- (a) secure all the movable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, (b) draw the pay and allowances due to such person, (c) make due provision for the payment of regimental and other debts in camp or quarters, if any, of such persons. 132A (2) In the case of a deceased person, the commanding officer,- (a) if in any case not otherwise provided for by rules made under this Act it appears to him to be necessary to make provision for the payment of regimental and other debts in camp or quarters, the funeral expenses of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, shall, and- (b) in any other case, may,-- collect all moneys left by the deceased in any banking company (including any post office savings bank, co-operative bank or society or any other institution receiving deposits in money however named) and for that purpose may require the agent, manager or other proper officer of such banking company, society or other institution to pay the moneys to the commanding officer forthwith, notwithstanding anything in the rules of the banking company, society or other 133 institution, and such agent, manager or other officer shall be bound to comply with the requisition. (3) Where any money has been paid by a banking company, society or other institution in compliance with a requisition made under sub- section (2), no person shall have any claim against the banking company, society or other institution in respect of such money. (4) Where the representative of a deceased has given security to the satisfaction of the commanding officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral expenses of the deceased in cases where no provision for the payment of such expenses has been made otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, the commanding officer shall deliver over the property received by him under sub-sections (1) and (2) to that representative, whereupon his responsibility for the administration of the estate of the deceased shall cease. (5) In the case of a deceased whose estate has not been dealt with under sub-section (4), or under section 10, and in the case of a deserter, the commanding officer,- (i) if in any case it is necessary in his opinion so to do for the purpose of securing the payment of the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, shall, and (ii) in any other case, may cause the movable property of the deceased or deserter, as the case may be, to be sold or converted into money. (6) The commanding officer shall, out of the moneys received, collected or realised under sub-sections (1), (2) and (5), pay the regimental and other debts in camp or quarters, if any, of the deceased or deserter, as the case may be, the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, and in the case of a deceased his funeral expenses in cases where no provision for the payment of such expenses has been made otherwise, (7) The surplus, if any, after payment of the debts and expenses specified in sub-section (6), shall,- (a) in the case of a deceased, be paid to his representative, if any, or in the event of no claim to such surplus being established within twelve months after the death, to the prescribed person ; and (b) in the case of a deserter, be forthwith paid to the prescribed person, and shall, on the expiry of three years from the 134 date of desertion, be forfeited to the Central Government, unless the deserter shall have surrendered or been apprehended in the meantime: Provided that the prescribed person may, if the deserter has not surrendered or been apprehended in the meantime, pay the whole or any part of the surplus received by him under clause (b) to the wife or children or any other dependent of the deserter at any time during the said period of three years. Explanation.-In this section and in section 4, the word " officer with reference to persons subject to the Air Force Act, 1950, (45 of 1950. ) includes a warrant officer who has died or deserted.
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