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The Air Force Act, 1953

( ACT NO. VI OF 1953 )

Chapter XV

PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS

Property of deceased persons and deserters (other than officers and warrant officers)
189. The following provisions are enacted respecting the disposal of the property of every person subject to this Act, other than an officer or 1[master warrant officer or] warrant officer, who dies or deserts:-
 
 
 
 
(1) The commanding officer of the unit or station to which the deceased person or deserter belonged or was attached shall 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, 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, co-operative bank or society or any other institution receiving deposits in money, however named) a deposit not exceeding one thousand Taka, the commanding officer may, if he thinks fit, require the agent, manager or other proper officer of such bank or other institution to pay the deposit to him forthwith; notwithstanding anything in any rules of the bank or the other institution and when any money has been paid by such bank or other institution in compliance with such requisition, no person shall have any claim against the bank or the other institution in respect of such money.
 
 
 
 
(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 the service or other debts in camp or quarters, if any, of the deceased, the commanding officer shall deliver over any property, received under clause (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 shall cause the movable property to be sold by public auction, and may convert into money any cash certificates (including post office cash certificates, defence savings certificates and national savings certificates) and shall pay the service 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 or conversion 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 officer as to what are the service and other debts in camp or quarters of a deceased person or a deserter and as to the amount payable therefore shall be final.
Disposal of certain property without production of probate, etc. (other than officers and warrant officers)
190. Property deliverable and money payable to the representative, widow or next of kin, of a deceased person under section 189 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 person appearing 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, certificate or other such conclusive evidence of title; and such delivery or payment 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 a deceased person against any person to whom such delivery or payment has been made.
Application of sections 189 and 190 to lunatics, etc.
191. The provisions of sections 189 and 190 shall, so far as they can be made applicable, apply in the case of a person subject to this Act (not being an officer or 2[master warrant officer or warrant 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 189 until such time as he is officially presumed to be dead.
Property of officers and warrant officers who die or desert
192. The provisions of sections 193 to 198 shall apply to the disposal of the property of the officers 3[, master warrant officers and warrant officers] of the Air Force who die or desert.
Powers of Committee of Adjustment
4[193. (1) On the death or desertion of an officer or master warrant officer or warrant 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 the movable property belonging to the deceased or deserter that is in camp or quarters and cause an inventory thereof to be made, and ascertain and draw the pay and allowances, if any, due to him; and
 
 
 
 
(b) ascertain the amount, and provide for the payment, of the service and other debts in camp or quarters, if any, of the deceased or deserter.
 
 
 
 
(2) In the case of a deceased officer or master warrant officer or warrant officer whose representative, window or next of kin has given security to the satisfaction of the Committee for the payment of the service 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, as the case may be, and shall not further interfere in relation to the property of the deceased.
 
 
 
 
(3) In the case of a deceased officer or master warrant officer or warrant officer, the Committee, save as may be prescribed shall, if it appears to it necessary for the payment of service and other debts in camp or quarters and the expenses, if any, incurred by the Committee, and may, in any other case, collect all moneys left by the deceased in any bank (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 bank, society or other institution 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 or other institution; and when any money has been paid by a bank or other institution in compliance with the requisition under this sub-section, no person shall have a claim against the bank or other institution in respect of such money.
 
 
 
 
(4) In the case of a deceased officer or master warrant officer or warrant officer whose estate has not been dealt with under sub-section (2) and in the case of a deserter the Committee, subject to any rules made in this behalf under this Act, shall, for the purpose of paying the service and other debts in camp or quarters, and may, in any other case, sell or convert into money the movable property of the deceased or deserter.
 
 
 
 
(5) The Committee shall, out of the moneys referred to in sub-sections (3) and (4), pay the service 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 or master warrant officer or warrant officer, the surplus, if any, shall be remitted to the prescribed person.
 
 
(7) In the case of an officer or master warrant officer or warrant 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 this desertion, be forfeited to the State unless the deserter shall in the meantime have surrendered or been apprehended:
 
 
 
 
Provided that the prescribed person may pay the whole or such part of the surplus as he may deem proper to the wife or children or other dependants of the officer or master warrant officer or warrant officer.
 
 
 
 
(8) If in any case a doubt or difference arises as to what are the service and other debts in camp or quarters of a deceased officer or deserter or as to the amount payable therefore, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes.
 
 
 
 
(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.
Disposal of surplus by the prescribed person
194. On receipt of the surplus referred to in sub-section (6) of section 193 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 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.
Disposal of certain property without production of probate, etc. (of officers and warrant officers)
195. Property deliverable and money payable to the representative, widow or next of kin of a deceased officer or master warrant officer or warrant officer under section 193 or section 194 may, if the total amount or value thereof does not exceed five thousand Taka, 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 the production of any probate, letters of administration, succession certificate or other such conclusive evidence of title.
Discharge of Committee, prescribed person and the Government
196. Any payment of money or delivery, application, sale or other disposition of any property or money made, or purported to be made by the Committee or the prescribed person in good faith in pursuance of section 193, section 194 or section 195 shall be valid and shall be a full discharge to the Committee or the prescribed person, as the case may be, and to the 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 officer or master warrant officer or warrant officer against any person to whom such payment or delivery has been made.
Property in the hands of the Committee or the prescribed person not to be assets at the place where the Committee or the prescribed person is stationed
197. Any property coming under section 193 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 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.
Saving of rights of representative
198. After the Committee has deposited with the prescribed person the surplus of the property of any deceased officer or master warrant officer or warrant officer under sub-section (6) of section 193, any representative of the deceased shall, as regards any property of the deceased not collected by the Committee and not forming part of the aforesaid surplus, have the same rights and duties as if section 193 had not been enacted.
Application of sections 193 to 198 to lunatics, etc.
199. The provisions of sections 193 to 198 shall, so far as they can be made applicable, apply in the case of an officer or master warrant officer or warrant 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 officer or master warrant officer or warrant officer so reported missing no action shall be taken under sub-sections (2) to (5) of section 193 until such time as he is officially presumed to be dead.
Appointment of Standing Committee of Adjustment when officers die or desert while on active service
200. When an officer or master warrant officer or warrant officer dies or deserts while on active service, the references in the foregoing provisions 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.
Interpretations
201. 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 thirty days and has not subsequently surrendered or been apprehended;
 
 
 
 
(2) the expression “service and other debts in camp or quarters” includes money due as Air Force debts, namely, sums due in respect of, or 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 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.
 
 
 
 
 
 

  • 1
    The words “master warrant officer or” were inserted after the words “officer or” by section 6(v) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
  • 2
    The words “master warrant officer or warrant officer” were substituted for the words “warrant officer” by section 6(w) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
  • 3
    The comma and words “, master warrant officers and warrant officers” were substituted for the words “and warrant officers” by the section 6(x) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
  • 4
    Throughout this sections 193, 195, 196, 198, 199 and 200, the words “master warrant officer or warrant officer” were substituted for the words “warrant officer” by section 6 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
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Ministry of Law, Justice and Parliamentary Affairs