Act Description : ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950
Act Details :-
ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950
40 of 1950
28th April,1950
An Act to provide for the disposal of the private property of persons subject to the Army Act 1950 or the Air Force Act. 1950, who die or desert or are ascertained to be of unsound mind or while on active service are officially reported to be missing. Be it enacted by Parliament as follows :-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT.
(1) This Act may be called The Army and Air Force (Disposal of Private Property) Act, 1950.
(2) It extends1to the whole of India, and applies to citizens of India and persons subject to the Army Act.1950, or the Air Force Act. 1950, wherever they may be,
(3) It shall come into force on such date as the Central Government may by notification in the Official Gazette, appoint2in this behalf.
SECTION 02: DEFINITIONS.
- In this Act. unless the context otherwise requires.-
(1) "Committee" means the Committee of Adjustment constituted under section 4-;
(2) "Prescribed" means prescribed by rules made under this Act;
(3) "Regimental and other debts in camp) or quarters" includes-
(i) in relation to any person subject to the Army Act, 1950, moneys due as military debts, namely, sums due in respect or to any advance in respect of-
(a) quarters:
(b) mess, band and other regimental accounts;
(c) military clothing, appointments and equipments, not exceeding a sum equal to three months' pay of the deceased and having become due within eighteen months before the date of his death; and
(ii) in relation to any person subject tothe Air Force Act, 1950, moneys due as air force debts, namely, sums due in respect of or of any advance' in respect of-
(a) quarters;
(b): mess, band and other service accounts;
(c) air force clothing, appointments and equipments, not exceeding a sum equal to three months' pay of the deceased and having become due within eighteen months before the date of his death;
(4) "representation" includes probate, letters of administration, with or without the will annexed and a succession certificate, constituting a person executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person;
(5) "representative" means any person who has taken out representation, but does not Include an Administrator-General;
(6) all words and expressions used herein and defined inthe Army Act, 1950, orthe Air Force Act, 1950, and not in this Act defined shall be deemed to have the meaning respectively .attributed to them by those Acts.
SECTION 03: PROPERTY OF DECEASED PERSONS AND DESERTERS PTHER THAN OFFICERS.
- (1) On the death or desertion of any person, not being an officer, subject to the Army Act, 1950, or the Air Force Act, 1950, as the case may be the commanding officer of the corps, department, detachment or unit to which the deceased" of 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.
(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 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 moveable 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 subsections (1), (2) and (5), pay the regimental and other debts in camp or quarters, if any, of the deceased or deserter, as the case maybe, 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 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 dependant of the deserter at any time during the said period of three years.
SECTION 04: PROPERTY OF OFFICERS WHO DIE OR DESERT.
-The provisions of section 3-shall also apply to the disposal of the property of any officer subject to the Army Act, 1950, or the Air Force Act, 1950, who dies or deserts, but with the following modifications, namely:-
(i) the functions of the commanding officer under section 3-shall be performed by a Committee of Adjustment constituted in this behalf in the prescribed manner;
(ii) the surplus, if any, after payment of the debts and expenses specified in sub-section (6) of section 3-, shall in the case of a deceased officer, be paid to the prescribed person.
SECTION 05: DECISION OF QUESTIONS AS TO REGIMENTAL AND OTHER DEBTS IN CAMP OR QUARTERS.
- If in any case a doubt or difference arises as to what are the regimental and other debts in camp or quarters of a deceased or reseller or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes.
SECTION 06: REPRESENTATIVE POWERS OF COMMANDING OFFICER OR COMMITTEE.
- For the purpose of the exercise of his or its duties under section 3-orsection 4-,the commanding officer or the Committee, as the case may be, shall. TO the exclusion of all other persons and authorities whosoever or whatsoever, have the same rights and powers as if he or it had taken out representation to the estate of the deceased, and any receipt given by the commanding officer or the Committee, as the case may be, shall have effect accordingly.
SECTION 07: POWER OF CENTRAL GOVERNMENT TO HAND OVER ESTATE OF DECEASED TO THE ADMINISTRATOR GENERAL.
(1) Notwithstanding anything contained in4the Administrators-General Act, 1963', an Administrator-General shall not interpose many manner in relation to any property of a deceased which has been dealt with under the provisions of section 3-orsection 4-, except in so far as he is expressly required or permitted to do so by or under the provisions of this Act.
(2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased shall be handed over by the commanding officer or the Committee, as the case may be, to the Administrator-General of a State for administration, and thereupon the commanding officer or the Committee, as the case may be, shall make over the estate to such Administrator-General.
(3) Where under this section any estate is handed over to the Administrator-General, the Administrator-General shall administer such estate in accordance with the provisions of4the Administrators-General Act, 19633. or if that Act is not in force in any State of the corresponding law in force in that State : Provided that the regimental and other debts in camp or quarters of the deceased, if any, shall be paid by the Administrator-Genera, m priority to any other debts due by the deceased.
(4) The Administrator-General snail pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased, and, if no heir is traceable. shall make over the surplus in the prescribed manner to the prescribed person.
(5) The Administrator-General shall not charge in respect of his duties under this section any fee exceeding three per cent of the gross amount coming to or remaining in his hands after payment of the regimental and other debts in camp or quarters.
SECTION 08: DISPOSAL OF SURPLUS BY PRESCRIBED PERSONS.
- On receipt of the surplus referred to in sub-section (7) of section 3-or clause (II) of section 4-or subsection(4) of section 7-, the prescribed person shall.--
(a) if he knows of a representative of the deceased, pay the surplus to that representative;
(b) if he does not know of any such representative and the surplus has not been disposed of under section 10-, publish every year a notice in the prescribed form and manner for six consecutive years and if no claim to the surplus is made by a representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued therefrom, to the credit of the Central Government: Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof, if he is otherwise entitled to it.
SECTION 09: DISPOSAL OF EFFECTS, NOT MONEY.
Where any part of the estate of a deceased person consists of effects, securities or other property not converted into money the provisions of sub-section (7) of section 3-, clause (ii) of section 4-andsection 8- , with respect to the payment of the surplus, shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same into moneys as a representative of the deceased.
SECTION 10: DISPOSAL OF CERTAIN PROPERTY WITHOUT PRODUCTION OF PROBATE, ETC.
- Property deliverable and money payable to the representative of a deceased under section 3-orsection 4-orsection 8-may, if the total amount or value thereof does not exceed6"Two lakhs" rupees and if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased without requiring such person to produce any probate, letters of administration, succession certificate or other such conclusive evidence of title.
SECTION 12: PROPERTY IN THE HANDS OF COMMANDING OFFICER. COMMITTEE OR PRESCRIBED PERSON NOT TO BE ASSETS WHERE COMMANDING OFFICER, COMMITTEE OR PRESCRIBED PERSON IS STATIONED.
- Any property coming into the hands of the commanding officer or the Committee or the prescribed person under section 3-,section 4-or sub-section (4) of section 7-shall not, by reason thereof, be deemed to be assets or effects at the place in which that commanding officer or the Committee or the prescribed person is stationed, and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place.
SECTION 11: DISCHARGE OF COMMANDING OFFICER, COMMITTEE, PRESCRIBED PERSON AND THE CENTRAL GOVERNMENT.
- Any payment or application of money or application, delivery, sale or other disposition of any property made, or purported to be made, by the commanding officer, the Committee or the prescribed person in good faith in pursuance ofsection 3-,section 4-,Section 8-,section 9-orsection 10-shall be valid and shall be a full discharge to the commanding officer, the Committee or the prescribed person, as the case may be, and to the Central Government from all further liability in respect of that money or property; but nothing herein contained shall affect the right of any executor or administrator or other representative, or of any creditor of the deceased against any person to whom such payment or delivery has been made.
SECTION 13: SAVING OF RIGHTS OF REPRESENTATIVE.
After the commanding officer, or the Committee has paid to the prescribed person the surplus of the property of any deceased under sub-section (7) of section 3-or clause (ii) of section 4-, any representative of the deceased or any Administrator-General, shall, as regards any property of the deceased not collected by the commanding officer or the Committee, as the case may be, and not forming part of the aforesaid surplus, have the same rights and duties as if sections 3-and4-that not been enacted.
SECTION 14: APPLICATION OF SECTIONS 3 TO 13 TO PERSONS OF UNSOUND MIND OR TO PERSONS REPORTED MISSING ON ACTIVE SERVICE.
- The provisions of sections 3-to13-shall, so far as they can be made applicable, also apply in the case of a person subject to the Army Act, 1950, or the Air Force Act, 1950, as the case may be, who, notwithstanding anything contained in9the Mental Health Act, 1987, is ascertained in the prescribed manner to be of unsound, mind, or who, while on active service, is officially reported missing, as if he had died on the day on which his unsoundness of mind is so ascertained or, as the case may be, on the day on which he is officially reported missing: Provided that in the case of a person so reported missing, no action shall be taken under sub-sections (2) to (6) of section 3-orsection 4-orsection 7-until such time as he is officially presumed to be dead.
SECTION 15: APPOINTMENT OF STANDING COMMITTEE OF ADJUSTMENT IN CERTAIN CASES.
When an officer dies or deserts or is ascertained in the prescribed manner to be of unsound mind or while on active service is officially reported missing, the references in the foregoing provisions of this Act to the committee shall be construed as references to the Standing Committee of Adjustment, if any, constituted in this behalf in the prescribed manner and such Standing Committee shall alone be entitled to perform all the functions of the Committee under this Act.
SECTION 16: POWER TO MAKE RULES.
(1) The Central Government may, by notification in the Official Gazette, make rules7for the purpose of carrying into effect the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may-
(a) prescribed the manner in which any property belonging to a deceased or deserter may be secured or collected and his regimental and other debts in camp or quarters paid,
(b) provided for the payment of the funeral expenses of any deceased;
(c) provided for the constitution of the Committee of Adjustment or any Standing Committee of Adjustment under this Act;
(d) specify the person who shall be regarded as the prescribed person for the purposes of this Act;
(e) prescribed the circumstances in which the estate of any deceased shall be handed over to the Administrator-General;
(f) prescribe the form and manner in which a notice under section 8-shall be published;
(g) prescribe the procedure by which any person may be ascertained to be of unsound mind.
8[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
SECTION 17: REPEALS.
(Repealed by the Repealing and Amending Act, 1957 (36 of 1957), S. 2 and Sch. 1 (17-9-1957)).
1. The Act has been extended to :- (i) Goa. Daman and Diu by Regulation ( 12 of 1962), S. 3 and the Schedule w.e.l. 22-11-1962 and enforced w.e.f. 31-1-1963-see Goa Gaz., 31-1-1963 Sr. 1. No. 5, p. 31. (Goa is now a State - see Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 3 (30-5-87). (ii) Dadra, Nagar Haveli by Regulation 6 of 1963. S. 2 and First Schedule (w.e.f. 1-7-1965). (iii) Pondicherry by Regulation 7 of 1963, S. 3 First Schedute (W.e.f. 1-10-1963). (iv) Sikkim w.e.f. 16-5-1975 - see Gaz. of India. 16-5-1975, Pt.ll-S.3(ii), Ext., p. 1213 (No. 165) and enforced in Sikkim w.e.f. 1-4-1976 - see Gaz. of India. 27-3-1976. Pt. II-S. 4, Ext., p. 66 (No. 16).
2. The date appointed is 22-7-1950 - see Gaz. of India, 22-7-1950, Pt. II-S. 4, p. 87.
6. Substituted for "[ten thousand]" by the Army and Air Force (Disposal of Private Property) Amendment Act, 2000.
9. Substituted for "the Indian Lunacy Act, 1912" by the Army and Air Force (Disposal of Private Property) Amendment Act, 2000.
8. Inserted by the Delegated Legislation Provisions (Amendment) Act (20 of 1983), S. 2, Sch. (15-3-1984),
ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) RULES, 1953
S.R.O. 308, dated the 11th July, 1953
1.- In exercise of the .powers conferred bySec. 16of the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), the Central Government hereby makes the following rules:
PART 01:
RULE 01: SHORT TITLE
These rules may be called the Army and Air Force (Disposal of Private Property) Rules, 1953.
RULE 02: DEFINITIONS
In these rules, unless the context otherwise requires,-
(1) "the Act" means the Army and Air Force (Disposal of Private Property) Act, 1950;
(2) "commanding officer" means the officer commanding the corps, department, detachment or unit to which the deceased or deserter belonged;
(3) "corps" means corps as prescribed by sub-rule (c) of rule 161 of the Indian Army Act Rules, 1911:
(4) "officer" includes a Warrant officer subject to the Air Force Act, 1950;
(5) "section" means a section of the Army and Air Force (Disposal of Private Property) Act, 1950;
(6) "sub-section" means a sub-section of a section of the Army and Air Force (Disposal of Private Property) Act, 1950.
PART 02: PROPERTY OF DECEASED PERSONS OTHER THAN OFFICERS
RULE 03: SECURING OF PROPERTY
The Commanding Officer shall keep the property secured by him under Sec. 3 in a place of security.
RULE 04: INVENTORY
The Commanding Officer shall also prepare an inventory of any moveable property left in camp or quarters of the deceased which for some resson cannot be collected, stating sufficient details and estimated value thereof and the ressons for its non-collection.
RULE 05: SAVINGS AS TO THE SECURING OF PROPERTY AND PREPARATION OF INVENTORY
Where payment of the debts and expenses recoverable under the Act has been secured by a representative, or a person appearing to the commanding officer to be entitled to receive or to administer the estate or where there, are no such debts and expenses to be recovered, the commanding officer may abstain from securing and making an inventory of the property of the deceased, if so requested by the representative, or such person.
RULE 06: DRAWING OF PAY AND ALLOWANCES
(1) The commanding officer may require the appropriate paying authority either to pay him the pay and allowances due to the deceased or to hold the same on his behalf until disposed of by such commanding officer.
(2) Where the pay and allowances have been required under sub-rule (1) to be held on behalf of the commanding officer, the appropriate paying authority shall not effect any recoveries therefrom on account of any public claim against the deceased after the receipt of such requisition from the commanding officer.
RULE 07: LISTING OF REGIMENTAL AND OTHER DEBTS IN CAMP OR QUARTERS
- The commanding officer shall ascertain and verify and prepare a list of all the regimental and other debts in camp or quarters of the deceased and shall, before providing for their payment, have any doubt or difference about them settled.
RULE 08: FUNERAL EXPENSES
The actual and necessary expenses of the funeral, in or out of India of any person subject to the Army Act, 1950, or the Air Force Act, 1950, shall be borne by the Government to such extent as may be provided for in the relevant regulations issued under the authority of the Government of India from time to time.
RULE 09: SECURITY FOR THE PAYMENT OF DEBTS AND EXPENSES RECOVERABLE UNDER THE ACT
The security required to be given under sub-section (4) of Sec. 3 shall be a bond in the form given in Forms I and II of Schedule I to these rules, accompanied by a surety if considered necessary by the commanding officer.
RULE 10: TIME LIMIT FOR SECURING DEBTS AND EXPENSES RECOVERABLE UNDER THE ACT
If payment of the debts and expenses recoverable under the Act is not made or secured by a representative under sub-section (4) of Sec. 3, or by other person appearing to the prescribed person to be entitled under Sec. 10, within three months from the date of death, the commanding officer shall proceed to provide for their payment himself.
RULE 11: CUSTODY OF MONEYS
- Any cash collected or moneys realized by sale or conversion of property or from any bank shall be deposited, if practicable, in the civil treasury or nearest branch of the Reserve Bank of India or of the2 [State] Bank of India, in a current account to the credit of the commanding officer, otherwise in a regimental treasure chest or unit imprest account.
RULE 12: SAVING OF CERTAIN PROPERTY FROM SALE OR CONVERSION
(1) The commanding officer may, if he thinks fit, postpone any sale or conversion of the property of the deceased until such time as a representative, or a person appearing to the prescribed person to be entitled under Sec. 10 has had an opportunity of notifying his wishes regarding the sale or conversion or the withholding from sale or conversion of any portion of the property.
(2) The commanding officer may comply with the wishes of a representative, or such other person, but if he considers any such demand unreasonable, having regard to the insolvency of the estate or other similar reason, he may refuse to comply.
RULE 13: MODE OF SALE
The property to be sold will be disposed of in the most advantageous manner either by private sale or by public auction. When property is sold by a public auction, a representative of the commanding officer shall be present at the auction, and shall furnish a certified statement of the particulars of the sale to the commanding officer.
RULE 14: DISPOSAL OF PRIVATE FIREARMS AND AMMUNITION
- Private firearms and ammunition forming part of the property of the deceased shall not be delivered to a representative, or to other person to whom the property or surplus of the property is handed over under Sec. 10 or to a purchaser, not being duly licenced, or authorised without licence, to possess them. When the firearms and ammunition are not so delivered, they shall be deposited at the nearest police station, or with a licensed dealer with the sanction of the District Magistrate concemed.
RULE 15: DISPOSAL OF MEDALS, ORDERS AND DECORATIONS
(1) Medals and decorations of the deceased, whether issued before or after his death, shall not be sold for the purpose of paying the debts and expenses recoverable under the Act, nor shall they be handed over to the Administrator General when an estate is handed over to him for administration under Sec. 7.
(2) When secured by the commanding officer, medals shall be disposed of as follows:
(a) if the deceased has left any directions about their disposal whether in his will or otherwise, according to those directions;
(b) if he has not, they may be sent to the widow, or next -of-kin of the deceased in the following order of relationship : eldest surviving son or grandson; eldest surviving daughter or daughter's son; father; mother; eldest surviving brother or sister;
(c) if medals cannot be disposed of as above, they may be sent to any relative or other person, who, in the opinion of the prescribed person will preserve them with due care as a memorial to the deceased.
(3) Orders and decorations, other than medals, shall also be disposed of in the manner aforesaid, except where the rules or terms of the order and decoration provide otherwise.
RULE 16: EXPENSES OF ADMINISTRATION
- Only necessary and reasonable expenses will be incurred by the commanding officer in relation to the disposal of an estate.
PART 03: PROPERTY OF DECEASED OFFICERS
RULE 17: PROPERTY OF DECEASED OFFICERS
- The provisions of the preceding rules shall also apply to the property of deceased officers subject to the Army Act, 1950, or the Air Force Act, 1950, but with the following modifications, namely :
(a) references to the commanding officer shall be construed as references to a committee of adjustment or a standing committee of adjustment, as the case may be, constituted in this behalf in the manner provided hereinafter;
(b) references to sub-section (4) of Sec. 3 inrules 9-and10-shall be construed as references to Sec. 4-.
RULE 18: COMMITTEE OF ADJUSTMENT
(1) A committee of adjustment shall consist of three officers. Where practicable, the President should not be below the rank of Major or Squadron Leader.
(2) A committee of adjustment shall be constituted by the following officers:
(a) if the deceased was serving with his corps, department, detachment or unit. by the commanding officer of the corps, department, detachment or unit, not being below the rank of Lieutenant Colonel or Wing Commander; if he is below that rank, then by the Brigade or equivalent Commander, the Air Officer Commanding Command or in the case of persons subject to the Army Act, 1950, the Station Commander;
(b) if the death occurred at sea, by the officer commanding the troops on board the ship;
(c) in all other cases, by the Brigade or equivalent Commander.
(3) Where a committee cannot be constituted on board a ship, it shall be constituted as soon as possible after the ship reaches its destination, in accordance with the provisions of sub-rule (2).
(4) If the officer authorized by sub-rule (2) or (3) to constitute a committee is, from any reason, unable to do so, he shall apply to superior authority.
RULE 19: STANDING COMMITTEE OF ADJUSTMENT
(1)3[The Standing Committee of Adjustment shall consist of three persons, such persons being officers or officers and civilian gazetted officers not below the grade of Officer Supervisor.]
(2) The Standing Committee of Adjustment shall be constituted by order of the4[Chief of the Air Staff] or of such other officer as he may authorize in this behalf, at such time and place as is thought fit by the4[Chief of the Air Staff] or the officer so authorized.
(3) The Standing Committee of Adjustment may be dissolved at any time by the authority which constituted it.
RULE 20: CONSTITUTION OF COMMITTEES WHEN STANDING COMMITTEE CONSTITUTED
- No committee of adjustment shall be constituted so long as the Standing Committee of Adjustment remains constituted, and all references to a committee in these rules shall, during the period the Standing Committee remains constituted, be construed as references to the Standing Committee.
PART 04: PROPERTY OF PERSONS SUBJECT TO THE ARMY ACT, 1950, OR THE AIR FORCE ACT, 1950, WHO DESERT, OR ARE ASCERTAINED TO BE OF UNSOUND MIND OR WHILE ON ACTIVE SERVICE ARE OFFICIALLY REPORTED MISSING
RULE 21: PROPERTY OF DESERTERS
The provisions of the preceding rules exceptrules 5-,8-,9-,10-and12-, shall apply, to the property of a deserter subject to the Army Act, 1950, or the Air Force Act, 1950, with the following modifications, namely :
(a) private arms and ammunition shall be deliverable only to a purchaer;
(b) the medals, orders and decorations of the deserter shall, if secured, be sent to the Adjutant General, Army Headquarters in the case of a deserter subject to the Army Act, 1950, and to the5 [Director of Personnel Services], Air Headquarters in the case of a deserter subject to the Air Force Act, 1950, for disposal according to the relevant regulations or orders of the Government of India.
RULE 22: PROPERTY OF PERSONS OF UNSOUND MIND
The provisions of the preceding rules, except rules 8-and21-shall apply to the property of a person subject to the Army Act, 1950, or the Air Force Act, 1950, who is ascertained to be of unsound mind in the manner hereinafter provided as they apply to the property of a deceased person, with the following modification, namely : Whenever possible, the sale or conversion of his property may be deferred until he is removed from the active list or discharged from service.
RULE 23: PROPERTY OF MISSING PERSONS
- The provisions of the preceding rules, except rules 8-,21-and22-, shall apply to the property of a person subject to the Army Act, 1950, or the Air Force Act, 1950, who, while on active service, is officially reported missing, as they apply to the property of a deceased person, with the proviso that no action beyond the securing of his property, the drawing of his pay and allowances and ascertaining the regimental and other debts in camp or quarters shall be taken until he is officially presumed to be dead.
PART 05: PRESCRIBED PERSON AND MANNER OF PAYING HIM THE SURPLUS
RULE 24: PRESCRIBED PERSON FOR PURPOSES OF SEC. 3, 4, 5, 7, 8, 9, 11, 12 AND 13
- The prescribed person for purposes of Secs. 3,4,5,7,8.9,11,12 and 13 shall be-
(a) in relation to the estates of officers subject to the Army Act, 1950, the6[Joint] Secretary, Ministry of Defence;
(b) in relation to the estates of officers subject to the Air Force Act, 1950,6[the Joint] Secretary, Ministry of Defence;
7(c) in relation to the estates of persons, other than officers, subject to the Army Act, 1950, (i) Brigade or equivalent Commander or Military Attache to the Indian Embassy at NEPAL or Recruiting Officer, KUNRAGHAT or Deputy Recruiting Officer, GHOOM7[or Assistant Military and Air Attache, Embassy of India, NEPAL, or the Officers-in-charge, Pension Paying Offices, POKHRA and DHANKOTTA] in respect of persons domiciled in NEPAL and (ii) Brigade or equivalent Commander in respect of others; and]
(d) in relation to the estates of persons other than officers, subject to the Air Force Act, 1950, the air or other officer-in-charge of a Command or Group Headquarters, in respect of persons under their respective Commands, and the8[Director of Personal Services], Air Headquarters, in respect of persons in any of the units directly administered by Air Headquarters.
RULE 25: PRESCRIBED PERSON FOR THE PURPOSE OF SEC. 10
The prescribed parson for the purpose of Sec. 10 shall be the persons referred to inrule 24-, and, so long as the commanding officer has under the Act the control of the property of a person, not being an officer or a deserter or of the proceeds of sale or conversion of such property, shall also include such commanding officer provided the total amount of or value of the said property does not exceed one thousand rupees.
RULE 26: PAYMENT OF SURPLUS BY COMMANDING OFFICER OR COMMITTEE OF ADJUSTMENT TO THE PRESCRIBED PERSON UNDER SEC. 3 OR SEC. 4
(1) The surplus of an estate shall be paid to the prescribed person by deposit in an imprest account or deposit in the civil treasury to the credit of the officer maintaining the pay accounts of Ac deceased.
(2) On receipt of the statement of the imprest account or the treasury receipt as the case may be, the authority to whose credit the surplus has been deposited shall hold the amount until disposed of by the prescribed person.
(3) That part of the surplus which does not consist of money shall be kept by the commanding officer or the committee, as the case may be, in a place of security until disposed of by the prescribed person.
RULE 27: PAYMENT OF SURPLUS BY THE ADMINISTRATOR GENERAL TO THE PRESCRIBED PERSON UNDER SEC. 7
- The surplus in the hands of an Administrator General shall be made over to the prescribed person in the manner provided for inrule 26-
PART 06: OTHER PRIVISIONS
RULE 28: CIRCUMSTANCES IN WHICH ESTATE TO BE HANDED OVER TO THE ADMINISTRATOR GENERAL
- The Central Government may direct that the estate of a person not being a deserter, liable to be dealt with under the Act, shall be handed over to the Administrator General having jurisdiction in relation to that estate, in case it is apprehended that considerable difficulty or delay may arise in or about the collection or realisation of the effects in-consequence of the character of any investment, or in consequence of it being requisite to institute some action or suit in relation to the property, or in case there is some other peculiar circumstance connected with the property making it, in the judgment of the Central Government, expedient to take that course.
RULE 29: FORM OF NOTICE UNDER SEC. 8
(1) The notice required to be published under Sec. 8 shall be in the form given in Form III in Schedule I to these rules, with such variation as circumstances may require.
(2) The notice will be published in the Gazette of India and the Gazette of the State to which the deceased belonged. If considered necessary by the prescribed person, it may also be published once yearly in two newspapers to be selected by him.
RULE 30: DELIVERY OF PROPERTY OR SURPLUS UNDER SEC. 10
In determining the person to whom the property or surplus may be delivered or paid under Sec. 10, the prescribed person shall take into consideration the law or custom of succession applicable lo the person whose property is under disposal and the wishes, if any, of such person in this respect.
RULE 31: MODE OF DELIVERING PROPERTY OR SURPLUS TO A REPRESENTATIVE OR OTHER PERSON
Property deliverable and money payable to a representative under Sec. 3, 4 or 8 or to any other person under Sec. 10, may be either handed over to him personally, or despatched or remitted to his last known address according to the procedure specified in this respect in the relevant regulations of the Government of India.
RULE 32: MANNER IN WHICH A PERSON MAY BE ASCERTAINED TO BE OF UNSOUND MIND
The manner in which a person subject to the Army Act, 1950, or the Air Force Act, 1950, shall be ascertained to be of unsound mind for the purposes of the Act shall be 6y the finding of a medical board according to the procedure specified in this respect in the relevant regulations of the Government of India. finding of a medical board according to the procedure specified therefore.
RULE 33: REPORTS
(1) When the commanding officer or a committee of adjustment conclude the disposal of an estate in so far as they are empowered by the Act and these rules, he or it shall send to the person prescribed inrule 24-a detailed report of such disposal as soon thereafter as possible.
(2) When an estate is handed over to an Administrator General under the Act, he shall submit to the Central Government a return every six months of the estates handed over to him under Sec. 7 and the manner in which they have been disposed of.
(3) The reports referred to in sub-rule (1) shall be accompanied by all the necessary documents and papers including those given in Schedule II to these rules.
(4) When an estate or surplus thereof is finally handed over under the Act to a representaive or other person, a copy of the reports referred to in sub-rule (1) or (2) shall be supplied to him free of charge.
(5) If the commanding officer or a committee of adjustment does not dispose of an estate to the extent he or it is concerned therewith, within twelve months in the case of subjects of Nepal and five months in all other cases of the date of death, or desertion, or the date on which the person whose estate is being dealt with is ascertained to be of unsound mind, or on which he is officially presumed dead, he or it will after that period submit to the Adjutant General, Army Headquarters in the case of persons subject to the Army Act, 1950, or to the9[Director of Personal Services], Air Headquarters, in the case of persons subject to the Air Force Act, 1950 a report, showing the stage of, and the cause of delay in the disposal of an estate.
(6) The Standing Committee of Adjustment shall submit to the person prescribed inrule 24-, a return, every six months, of all the estates being dealt with by it, showing in brief important details thereof including stage of disposal and the progress made.
RULE 34: EXERCISE OF POWERS OF COMMANDING OFFICER IN CERTAIN CASES
(1) Where a person not being an officer, subject to the Army Act, 1950, or the Air Force Act, 1950, at the time of his death, or desertion, or being ascertained under the Act to be of unsound mind, or being officially reported missing while on active service, was serving outside India, he shall, for the purposes of the Act, be also deemed to have belonged to his record office, depot or regimental centre, as the case may be, at the said time, but the commanding officer of only one of them will dispose of the property of such person in India.
(2) Where a corps, department, detachment or unit to which a person, not being an officer, subject to the Army Act, 1950, or the Air Force Act, 1950, belonged at the time of his death, or desertion, or being ascertained to be of unsound mind or being officially reported missing while on active service ceases to exist, such person shall, for the purposes of the Act, be deemed to have belonged to his record office, depot or regimental centre, as the case may be, at the said time but the commanding officer of only one of them will dispose of the property of such person.
SCHEDULE 01: SCHEDULE
FORM 01: FORM OF BOND TO BE EXECUTED BY THE REPRESENTATIVE OF A DECEASED PERSON (OFFICER)
[Vide sub-section (4) of Sec. 3 of the Army and Air Force (Disposal of Private Property)] Act, 1950 (40 of 1950)]The President of India WHEREAS I...............son of.................of,.........have applied to the Committee of Adjustment (hereinafter called "the said Committee") that the property received by the said Committee under sub-sections (1) and (2) of Sec. 3 of the Army and Air Force (Disposal of Private Property) Act, 1950 (hereinafter referred to as "the said Act") may be delivered over to me AND WHEREAS the said Committee has agreed to deliver over the property provided security as required by Sec. 3(4) of the said Act is given and has ordered me to give security for the payment of the regimental and other debts in camp or quarters, if any, outstanding against the estate of my........... (relationship) late.....and of the funeral expenses of the deceased and of the expenses if any, incurred by the said Committee in respect of the estate of the deceased with one/two surety/sureties AND WHEREAS ..............son of........................of..............................son of...........of...........and .............. son of..........of........ has/have agreed to execute this bond as surety/sureties on my behalf. Now, in consideration of the said Committee delivering over the property as aforesaid to me.........(Name of representative of the deceased) we (1).........(Name of representative of the deceased) and (2)........... (Surety) son of............of............(Sureties) son of.......of.......of.....and........son of........of............hereby jointly and severally agree and undertake to pay and guarantee the payment to you and to your certain attorneys, successors and assigns, in full all the regimental and other debts in camp or quarters which the deceased..........owed at his decease, the funeral expenses of the deceased to the extent not paid by the Government and the expenses incurred by the said Committee in respect of the estate of late .........and agree to indemnify and keep you harmless in the event of a claim being made by any other person or persons against you and against all manner of actions, suits and other legal proceedings, costs, charges, damages and expenses whatsoever which shall or may at any time or times hereafter be brought, commenced, or sued by any person or body corporate whomsoever or whatsoever against or be occasioned to you, your successors and assigns or any of the officers or servants of the Government for or on account of, in respect of, by reason of, or consequent upon the property being delivered as aforesaid and we shall jointly and severally make good any loss which may be suffered by you and shall otherwise indemnify and keep you indemnified against such loss. As WITNESS our hands the..... Signed and delivered by the above-named (Name of the representative of the deceased) in the presence of - (1)..................... (2).................-.... ..day of................... Signature............... Designation..........^ Address................. Signed and delivered by the above-named surety............................. in the presence of- (1) .................... (2) ................... Signed and delivered by the above-named surety.............................. in the presence of- (1) .................... (2) ...................
FORM 03: FORM OF NOTICE
(rule 29-) Re. the estate of ........................(No., Rank, Name, Unit).......................who*died on was ascertained to be of unsound mind from was officially presumed to be dead from Notice is hereby given under Sec. 8 of the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), that the sum of rupees..............representing the surplus of the above-mentioned estate is available with the^...........for payment to the representative of the said.............(No., Rank and Name)................Any person claiming to be representative of the said................(No., Rank and Name)................should submit his claim to the ..............within two months from the date of notice for payment of the said surplus. (Signature, designation and address of prescribed person). Place..................... Date....................SCHEDULE22(Rule 33-) List of documents which should accompany (in duplicate) the report12(A.F.A. 2/1 A.F.F. (P) 28)] of disposal referred to inrule 33-A. When estate is handed over under sub-section (4) of Sec. 3, or Sec. 4 or Sec. 10.- (1) Statement of particulars respecting the person whose estate has been disposed of. (IAFE-925.) (2) Certified true copy of will (if any) authenticated by the commanding officer or the committee or the standing committee. (3) Certified true copy of power of attorney or probate or letters of administration, or succession certificate, if any, authenticated by the commanding officer, the committee or the standing committee, in case the estate is taken over by a representative. (4) Bond securing payment of the debts and expenses recoverable under the Act, Schedule I, Forms 1-11. (5) Stamped receipt for the estate. (IAFE-923.) if made. (6) Inventory of the property. (IAFE-924), (a) Collected by the C.O. or Committee (b) Not collected by the C.O. or Committee (7) Six-monthly and/or final statement of pay accounts. B. When surplus of estate is remitted to the prescribed person.- (1) Statement of particulars respecting the person whose estate has been disposed of. (IAFE-925). (2) Original will or authenticated copy, as available. (3) Inventory of the property. (IAFE-924.) (a) Collected by the C.O. or Committee (b) Not collected by the C.O. or Committee (4) Sale and conversion accounts. (5) Stamped receipt for reserved articles, and medals and decorations, if any, disposed of. (6) Account of sums received and disbursed. (7) Account of surplus assets, showing the credit balance, estimated value of reserved articles and outstanding assets due to the estate. (8) Certificate required to be furnished underrule 13- (9) Other receipts and vouchers, if any. (10) Six-montly and/or final statement of pay accounts.
2. Subs. by S.R.O. 256, dated 14th September, 1962
