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 [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.