The Army and Air Force (Disposal of Private Property) Act, 1950

(1) This Act may be called the Army and Air Force(Disposal of Private Property) Act, 1950. (2) It extends to the whole of India, and applies to citizens of India and persons subject to the ArmyAct, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), wherever they may be. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint in this behalf.

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 (45 of 1950), moneys due asmilitary debts, namely, sums due in respect of or of 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 threemonths' pay of the deceased and having become due within eighteen months before the dateof his death; and (ii) in relation to any person subject to the Air Force Act, 1950 (45 of 1950), moneys due asair 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 threemonths' pay of the deceased and having become due within eighteen months before the dateof his death; (4) "representation" includes probate, letters of administration, with or without the will annexedand a succession certificate, constituting a person executor or administrator of the estate of a deceasedperson 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 anAdministrator General; (6) all words and expressions used herein and defined in the Army Act, 1950 (45 of 1950), or theAir Force Act, 1950 (45 of 1950), and not in this Act defined shall be deemed to have the meaningrespectively attributed to them by those Acts.

(1) On the death or desertionof any person, not being an officer, subject to the Army Act, 1950 (45 of 1950), or the Air ForceAct, 1950 (45 of 1950), as the case may be, the commanding officer of the corps, department, detachmentor unit to which the deceased or deserter belonged, shall, as soon as may be and subject to any rules thatmay be made in this behalf-- (a) secure all the movable property belonging to the deceased or deserter that is in camp orquarters, 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 benecessary to make provision for the payment of regimental and other debts in camp or quarters, thefuneral expenses of the deceased and the expenses, if any, incurred by the commanding officer inrespect 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 forthat purpose may require the agent, manager or other proper officer of such banking company, society orother institution to pay the moneys to the commanding officer forthwith, notwithstanding anything in therules of the banking company, society or other institution, and such agent, manager or other officer shallbe bound to comply with the requisition. (3) Where any money has been paid by a banking company, society or other institution incompliance with a requisition made under sub-section (2), no person shall have any claim against thebanking 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 commandingofficer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeralexpenses of the deceased in cases where no provision for the payment of such expenses has been madeotherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of thedeceased, 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 thedeceased shall cease. (5) In the case of a deceased whose estate has not been dealt with under sub-section (4), or undersection 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 ofthe regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses ofthe deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of theestate 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 intomoney. (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 ordeserter, as the case may be, the expenses, if any, incurred by the commanding officer in respect of theestate of the deceased or deserter, and in the case of a deceased his funeral expenses in cases where noprovision 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 tosuch 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 ofthree years from the date of desertion, be forfeited to the Central Government, unless the desertershall have surrendered or been apprehended in the meantime: Provided that the prescribed person may, if the deserter has not surrendered or been apprehended inthe meantime, pay the whole or any part of the surplus received by him under clause (b) to the wife orchildren or any other dependant 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 tothe Air Force Act, 1950 (45 of 1950), includes a warrant officer who has died or deserted.

The provisions of section 3 shall also apply to thedisposal of the property of any officer subject to the Army Act, 1950 (45 of 1950), or the Air ForceAct, 1950 (45 of 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 ofAdjustment 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) ofsection 3, shall in the case of a deceased officer, be paid to the prescribed person.

If in any case adoubt or difference arises as to what are the regimental and other debts in camp or quarters of a deceasedor deserter or as to the amount payable in respect thereof, the decision of the prescribed person shall befinal and shall be binding on all persons for all purposes.