Act Number: 40

Act Name: The Army and Air Force (Disposal of Private Property) Act, 1950

Year: 1950

Enactment Date: 1950-04-28

Long Title: An Act to provide for the disposal of the private property of persons subject to the Army Act, 1950 or the Air Force Act, 1950 , who die or desert or are ascertained to be of unsound mind or while on active service are officially reported to be missing.

Ministry: Ministry of Defence

Department: Department of Military Affairs

Section 7: Power of Central Government to hand over estate or deceased person to the Administrator General.
    (1) Notwithstanding anything contained in 1[the Administrators-General Act, 1963 (45 of 1963)], an Administrator General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under the provisions of section 3 or section 4, except in so far as he is expressly required or permitted to do so by or under the provisions of this Act.
     (2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased shall be handed over by the commanding officer or the Committee, as the case may be, to the Administrator General of a State for administration, and thereupon the commanding officer or the Committee, as the case may be, shall make over the estate to such Administrator General.
     (3) Where under this section any estate is handed over to the Administrator General, the Administrator General shall administer such estate in accordance with the provisions of 2[the Administrators General Act, 1963 (45 of 1963)\, or, if that Act is not in force in any State, of the corresponding law in force in that State:
     Provided that the regimental and other debts in camp or quarters of the deceased, if any, shall be paid by the Administrator General in priority to any other debts due by the deceased.
     (4) The Administrator General shall pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased, and, if no heir is traceable, shall make over the surplus in the prescribed manner to the prescribed person.
     (5) The Administrator General shall not charge in respect of his duties under this section any fee exceeding three per cent. of the gross amount coming to or remaining in his hands after payment of the regimental and other debts in camp or quarters.
Notes:
1. Subs. by Act 31 of 2000, s. 2, for "the Administrator General's Act ,1913 (3 of 1913)" (w.e.f. 25-8-2000).
2. Subs. by Act 31 of 2000, s. 2, for "the Administrator General's Act, 1913 (3 of 1913)" (w.e.f. 25-8-2000).
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