[Home] [Act List]  
 
THE ARMY ACT, 1952

(ACT NO. XXXIX OF 1952)
  Section No: [ 13th May, 1952  
 

PRINT VIEW
     
   
 
CHAPTER XIII
PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS
Section Index   
  Powers of Committee of Adjustment  
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.
 
 

Copyright © 2010, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs