153. The following provisions are enacted respecting the disposal of the property of every person subject to this Act, other than an officer, who dies or deserts: -(1) The commanding officer of the corps, unit or detachment to which the deceased person or deserter belonged or the officer commanding a station where the deceased person or deserter left his belongings before moving to field or operational area or before deserting shall secure all the moveable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, and draw any pay and allowances due to such person.(2) In the case of a deceased person who has left in a bank (including any post office savings bank, however named) a deposit not exceeding one thousand taka, the commanding officer or the officer commanding the station may, if he thinks fit, require the agent, manager or other proper officer of the bank to pay the deposit to him forthwith, and such agent, manager or other officer shall comply with the requisition notwithstanding anything in the rules of the bank; and after the payment thereof in accordance with such requisition, no person shall have any right in respect of the deposit except as hereinafter provided.(3) In the case of a deceased person whose representative, widow or next of kin is on the spot and has given security for the payment of regimental or other debts in camp or quarters, if any, of the deceased, the commanding officer or the officer commanding the station shall deliver over any property received under clauses (1) and (2) to that representative, widow or next of kin as the case may be, and shall not further interfere in relation to the property of the deceased. (4) In the case of a deceased person whose estate is not dealt with under clause (3), and in the case of any deserter, the commanding officer or the officer commanding the station shall cause such of the moveable property as does not consist of money to be sold by public auction, and shall pay the regimental and other debts in camp or quarters, if any, and in the case of a deceased person, the expenses of his funeral ceremonies, from the proceeds of the sale and from any pay and allowances drawn under clause (1) and from the amount of the deposit, if any, received under clause (2). (5) The surplus, if any, shall, in the case of a deceased person, be paid to his representative, widow or next of kin, if any, or in the event of no claim to such surplus being established, within twelve months after the death then the same shall be remitted to the prescribed person: Provided that such remission shall not bar the claim of any person to such surplus or any part thereof.(6) In the case of a deserter, the surplus, if any, shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to the State unless the deserter shall in the meantime have surrendered or been apprehended.(7) The decision of the commanding officers or the officer commanding the station as to what are the regimental and other debts in camp or quarters of a deceased person or a deserter or as to the amount payable therefor shall be final.

154. Property deliverable and money payable to the representative, widow or next of kin of a deceased person under section 153 may, if the total value or amount thereof does not exceed one thousand taka, and if the prescribed person thinks fit, be delivered or paid to any one of them who appears to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, succession certificate or other such conclusive evidence of title.

155. Any payment of money or delivery, application, sale or other disposition of any property made, or in good faith purported to be made, by the commanding officer or the officer commanding the station or the prescribed person in pursuance of section 153 or 154 shall be valid and shall be a full discharge to those ordering or making the same and to the Government from all further liability in respect of the property or money, but nothing herein contained shall affect the rights of any executor or administrator or other representative, or of any creditor of a deceased person against any person to whom such delivery or payment has been made.

156. The provisions of sections 153 to 155 shall, so far as they can be made applicable, apply in the case of a person subject to the Act, other than an officer who, notwithstanding anything contained in the Lunacy Act, 1912, is ascertained in the prescribed manner to be insane, or who, being on active service, is officially reported missing, as if he had died on the day on which his insanity 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 clauses (2) to (5) of section 153 until he is officially presumed to be dead.

157. The provisions of sections 158 to 163, inclusive, shall apply to the disposal of the property of officers subject to this Act who die or desert.

158. (1) On the death or desertion of an officer, a Committee of Adjustment appointed in this behalf in the manner prescribed (hereinafter referred to as the committee) shall, as soon as may be, subject to the rules made in this behalf under this Act,-(a) secure all moveable property belonging to the deceased or deserter that is in camp or quarters and cause an inventory thereof to be made and ascertain the pay and allowances, if any, due to him; and(b) ascertain the amount, and provide for the payment, of the regimental and other debts in camp or quarters, if any, of the deceased or deserter. (2) In the case of a deceased officer whose representative, widow or next of kin has given security to the satisfaction of the committee for the payment of the regimental and other debts in camp or quarters, if any, of the deceased, the committee shall deliver any property received by it under sub-section (1) to that representative, widow or next of kin and shall not further interfere in relation to the property of the deceased. (3) In the case of a deceased officer, the committee, save as may be prescribed, shall, if it appears necessary for the payment of the regimental and other debts in camp or quarters, and the expenses, if any, incurred by the committee, collect all moneys left by the deceased in any bank (including any post office savings bank, however named) and for that purpose may require the agent, manager or other proper officer of the bank to pay the moneys to the committee forthwith, and such agent, manager or other officer shall comply with the requisition notwithstanding anything in any rules of the bank; and when any money has been paid in compliance with the requisition under this sub-section, no person shall have a claim against the bank in respect of such money. (4) In the case of a deceased officer, whose estate has not been dealt with under sub-section (2) and in the case of a deserter, the committee, save as may be prescribed, shall, for the purpose of paying the regimental and other debts in camp or quarters, any may in any other case, sell or convert into money such of the moveable property of the deceased or deserter as does not consist of money. (5) The committee shall, out of the money referred to in sub-sections (3) and (4), pay the regimental and other debts in camp or quarters, if any, of the deceased or deserter and, in the case of a deceased, also the expenses of his last illness and funeral. (6) In the case of a deceased officer the surplus, if any, shall be remitted to the prescribed person. (7) In the case of an officer who is a deserter, the surplus, if any, shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to the State, unless the deserter shall in the meantime have surrendered or been apprehended. (8) 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 officer or a deserter or as to the amount payable therefor, the decision of the prescribed person shall be final. (9) For the purposes of the exercise of its duties under this section, the committee shall, to the exclusion of all authorities and persons whomsoever, have the same rights and powers as if it had taken out representation to the deceased, and any receipt given by the committee shall have effect accordingly.

159. On receipt of the surplus referred to in sub-section (6) of section 158 the prescribed person shall proceed as follows:-(1) if he knows of a representative, widow or next of kin of the deceased, he shall pay the surplus to that representative, widow or next of kin;(2) if he does not know of any such representative, widow or next of kin he shall publish every year a notice in the prescribed form and manner for six consecutive years. If no claim to the surplus is made by a representative, widow or next of kin of the deceased within six months 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 Government:Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof.

160. Property deliverable and money payable to the representative, widow or next of kin of a deceased officer under section 158 or section 159 may, if the total value thereof does not exceed two thousand taka, and if the prescribed person thinks fit, be delivered or paid to any one of them who appears to him to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, succession certificate or other such conclusive evidence of title.

161. Any payment of money or delivery, application, sale or other disposition of any property made, or in good faith purported to be made, by the committee or the prescribed person in pursuance of section 158, section 159 or section 160 shall be valid and shall be a full discharge to those ordering or making the same and to the Government from all further liability in respect of the property or money; but nothing in this section shall affect the rights of any executor or administrator or other representative, or of any creditor of the deceased officer against any person to whom such delivery or payment has been made.

162. Any property coming under section 158 into the hands of the committee or the prescribed person shall not, by reason of so coming, be deemed to be assets or effects at the place in which that committee or 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.

163. After the committee has deposited with the prescribed person the surplus of the property of any deceased officer under sub-section (6) of section 158 any representative of the deceased shall, as regards any property not collected by the committee and not forming part of the aforesaid surplus, have the same rights and duties as if section 158 had not been enacted.

164. The provisions of sections 158 to 163 shall so far as they can be made applicable, apply in the case of an officer who, notwithstanding anything contained in the Lunacy Act, 1912, is ascertained in the prescribed manner, to be insane or who, being on active service, is officially reported missing, as if he had died on the day on which his insanity 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 an office so reported missing, no action shall be taken under sub-sections (2) to (5) of section 158 until such time as he is officially presumed to be dead.

165. When an officer dies or deserts while on active service, the references in the foregoing sections of this Chapter to the committee shall be construed as references to the Standing Committee of Adjustment, if any, appointed in this behalf in the manner prescribed.

166. For the purposes of this Chapter:-(1) a person shall be deemed to be a deserter if he without authority has been absent from duty for a period of sixty days and has not subsequently surrendered or been apprehended;(2) the expression “regimental and other debts in camp or quarters” includes money due as military 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 equipment, not exceeding a sum equal to six months' pay of the deceased and having become due within eighteen months before his death;(3) “representation” includes probate and letters of administration with or without the will annexed, and a succession certificate, constituting a person the executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person;(4) “representative” means any person who has taken out representation.