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36 views6 pagesArmyactpro 1950
Uploaded by
Er. Tapan JatakiaCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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8
ITER TERT P ESET
THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY)
‘ACT, 1950
No. XL oF 1950
An Act to provide for the disposal of the private property of persons subject
(the Army Act, 1950, or the Air Force Act, 1950, who or desert or are a
tained t0 be of unsound mind or while on active ‘service are officially repr sted
10 be missing.
Be it enacted by Parliament as follows:—
1, Short title, extent and con (D) This Act may be
Atmy and Air Force (Disposal of Private Property) Act, 1950,
(2) It extends to the whole of India, and applies to citizens of Iodia
and persons subject to the Army Act, 1950, or the Air Force Act, 1950, wher-vee
they ‘may be.
(2) It shall come into force on such date as the Central Government snay,
by notification in the Official Gazette, appoint ia this behalf.
2. Definitions—In this Act, unless the context otherwise cequires—
() “Committee” means the Committee of Adjustment cons
tion 45
(2) “prescribed means prescribed by rules made wader this Act ;
tuted under s2c-
(3) “regimental and other debts in camp or quarters” include—
(in relation to any person subject to the Army Act, 1950, moneys i
as military debts, namely, sums due in respect of of of any advan
respect of —
fa) quarters;
() mess, bind and other regimental accounts
(© military clothing. appointments and equipments, not exsee inne
‘a sum equal to three months’ pay of the deceased and having he: sire
duc within eightzen months before the date of his death : and
(i in relation to any person subject to the Air Force Act, 1950, mo’
due as Air Force debts, namely, sums due in respect of or of any 2
vance in respect of —
(a) quarters,
(b) mess, band and other service accounts;
(©) Air Force clothing, appointments and equipments, not exce:
‘a sum equal to three months’ pay of the deceased and havi
come due within eighteen months before the date of his death
(4) “representation” includes probate, letters of administration, with or vith
out the will annexed and a succession czrtificate, constituting a person execute:
administrator of the estate of a deceased person or authorising him to receiv 9°
realise the assets of a deceased person
(3) “representative” means any person who has taken out representation. bt
does not include an Adaiistrator.General :
(6) alt words and expressions used herein and defined in the Anny
1950. of the Air Force Act. 1980, and nor in this Act defined shall be tics ost
to have the meanings respectively attributed to them by thse ets INDIAN ARMY eT
Hruperty of decease persons and deserters other than aiicets—t/)
the death oF desettion of un
‘Act, 1980, of the Air Force Act, 1950, a5 the ease mayb
‘officer of the corps, department, detachment o¢ unit t whi
deserter belonged, shall, us soon us may be and subject to any rules that may
made in this belll—
(@) secure all the movable property belonging to the deceased ie deser
hat is in camp or quariers, and cause an inventory thereof to be ma
(0) draw the pay and allowanees due to such person,
(©) make due provision for the payment of regimental and othr
‘camp or quarters i any, of such persons.
(2) Tn the case of deceased person, the commanding offcer—
(@ i€in any case not otherwise provided for by rules made under
‘Act it appears to him to be necessary to make provision fer the p
ment of Fegimental and other debis in camp or quarters, “he f
expenses of the deceased and the expenses, if any, incurred by the
manding officer in respect of the estate of the deceasd, shail, and~
(®) in any other case, may—
collect all moneys left by the deceased ia any banking company (inc ludin:
post office savings bank, co-operative bank or sociely or any thet inst
Feceiving deposits in moncy however named) and for that purpose Fay tq)
the agent, marager or other proper officer of such banking company’ sociciy
other institution to pay the moneys to the commanding officer forthwith, +
withstanding anything in the rules of the banking company, society or other i
tution and such agent, manager or other officer shall be bound to comply»
the cequisition.
(3), Where any money has been paid by a banking company. soci
institution in compliance with a requisition made under sub-section (7), nc
son shall have any claim against the banking company, society or other tasttw!
in respect of such money.
debs
(4) Whore the representative of a deceased has given security 1 the.
faction of the commanding. oficer for the payment. of the regiment! und ©
debts in-camp oF quarters, if any, and of the funeral expenses of the. dec
tases where 0. provision for the payment of such expenses has been ths
wise and of the expenses, if any, sncuered by the commanding. afc
Of the estate of the deceased, the commanding officer shall. dei
ty received by. him onder subsections (J) and (2) to that repr
“Upon bis responsibilty for the administetion of the estate of the
(3) In the case of a deceased whose estate has not been dealt with
sub-section (4), or under section 10, and in the case of & deserter, the