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Army and Air Force (Disposal of Private Property) Act, 1950 Complete Act

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

State: Central

Year: 1950

.....- Disposal of certain property without production of probate, etc Section11 - Discharge of commanding officer, Committee, prescribed person and the Central Government Section12 - Property in the hands of commanding officer, Committee or prescribed person not to be assets where commanding officer, Committee or prescribed person is stationed Section13 - Saving of rights of representative Section14 - Application of sections 3 to 13 to persons of unsound mind or to persons reported missing on active service Section15 - Appointment of standing Committee of Adjustment in certain cases Section16 - Power to make rules Section17 - Repeals Amending Act1 - ARMY, AIR FORCE AND NAVAL LAW (AMENDMENT) ACT, 1970

Army and Air Force (Disposal of Private Property) Act, 1950 Preamble 1

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

State: Central

Year: 1950

THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950. [Act, No. XL Of 1950] [28th April, 1950] PREAMBLE 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. BE it enacted by Parliament as follows:

Army and Air Force (Disposal of Private Property) Act, 1950 Complete Act

State: Central

Year: 1950

.....to the Administrator-General, the Administrator-General shall administer such estate in accordance with the provisions of4the Administrators-General Act, 19633. 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-Genera, m priority to any other debts due by the deceased. (4) The Administrator-General snail 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. SECTION 08: DISPOSAL OF SURPLUS BY PRESCRIBED PERSONS. - On receipt of the surplus referred to in sub-section (7) of section 3-or clause (II) of section 4-or subsection(4) of section 7-, the prescribed person shall.-- (a) if he knows of a.....

Army and Air Force (Disposal of Private Property) Act, 1950 Amending Act 1

Title: Army, Air Force and Naval Law (Amendment) Act, 1970

State: Central

Year: 1950

THE ARMY, AIR FORCE AND NAVAL LAW (AMENDMENT) ACT, 1970 [Act, No. 30 of 1970] [13thAugust, 1970] An Act further to amend the Army and Air Force (Disposal of Private Property) Act, 1950 and the Navy Act, 1957. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows :- 1. Short title.- This Act may be called the Army, Air Force and Naval Lal (Amendment) Act, 1970. 2. Amendment of section 10 of Act 40 of 1950.- In section 10 of the Army and Air Force (Disposal of Private property) Act, 1950, (40 of 1950) for the words "five thousand", the words, "ten thousand" shall be substituted. 3. Amendment of section 176 of Act 62 of 1957.- In clause (b) of section 176 of the Navy Act, 1957, (62 of 1957) for the words "five thousand rupees in value, the prescribed person may,", the words "ten thousand rupees in value and" shall be substituted. N.D.P.NAMBOODIRIPAD, Joint Secy.to the Govt.of India.

Army and Air Force (Disposal of Private Property) Act, 1950 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1950

(1) This Act may be called the Army and Air Force (Disposal of Private Property) Act, 1950. (2) It extends to the whole of India, and applies to citizens of India and persons subject to the Army Act, 1950, or the Air Force Act, 1950, wherever they may be. (3) It shall come into force on such date {22.7.50 see no.SRO 123, of 22.7.50.Gaz.of India, 1950, pt II, sec 3, p-8} as the Central Government may, by notification in the Official Gazette, appoint in this behalf.

Army and Air Force (Disposal of Private Property) Act, 1950 Section 7

Title: Power of Central Government to Hand over Estate or Deceased Person to the Administrator General

State: Central

Year: 1950

.....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 of1[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.....

Army and Air Force (Disposal of Private Property) Act, 1950 Section 10

Title: Disposal of Certain Property Without Production of Probate, Etc

State: Central

Year: 1950

Property deliverable and money payable to the representative of a deceased under section 3 or section 4 or section 8 may, if the total amount or value thereof does not exceed1[two lakhs] rupees 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 such person to produce any probate, letters of administration, succession certificate or other such conclusive evidence of title. _________________ 1. Substituted for "1[ten thousand]" by The Army And Air Force (Disposal Of Private Property) Amendment Act, 2000 (31 of 2000) w.e.f. 25.08.2000

Army and Air Force (Disposal of Private Property) Act, 1950 Section 14

Title: Application of Sections 3 to 13 to Persons of Unsound Mind or to Persons Reported Missing on Active Service

State: Central

Year: 1950

The provisions of section 3 to 13 shall, so far as they can be made applicable, also apply in the case of a person subject to the Army Act, 1950, or the Air Force Act, 1950, as the case may be, who, notwithstanding anything contained1[ the Mental Health Act, 1987 (14 of 1987) ], is ascertained in the prescribed manner to be of unsound mind, or who, while on active service, is officially reported missing, as if he had died on the day on which his unsoundness of mind 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 sub-section (2) to (6) of section 3 of section 4 or section 7 until such time as he is officially presumed to be dead. _______________________ 1. Substituted for "the Indian Lunacy Act, 1912 (IV of 1912)" by The Army And Air Force (Disposal Of Private Property) Amendment Act, 2000 (31 of 2000) w.e.f. 25.08.2000

Army and Air Force (Disposal of Private Property) Act, 1950 Section 11

Title: Discharge of Commanding Officer, Committee, Prescribed Person and the Central Government

State: Central

Year: 1950

Any payment or application of money or application, delivery, sale or other disposition of any property made, or purported to be made, by the commanding officer, the Committee or the prescribed person in good faith in pursuance of section 3, section 4, section 8, section 9 or section 10 shall be valid and shall be a full discharge to the commanding officer, the Committee or the prescribed person, as the case may be, and to the Central Government from all further liability in respect of that money of property ; but nothing herein contained shall affect the right of any executor or administrator or other representative, or of any creditor of the deceased against any person to whom such payment or delivery has been made.

Army and Air Force (Disposal of Private Property) Act, 1950 Section 17

Title: Repeals

State: Central

Year: 1950

1 [***] ___________________ 1. Repealed by the repealing and Amending Act 1957, w.e.f. 17-09-1957.Prior to repeal section 17 stood as follows " Chapter XII of the Indian Army Act, 1911 (VIII of 1911).and sections 126 to 128 inclusive, and sections 128A to 128L inclusive, of the Indian Air Force Act, 1932, (XIV of 1932), are here repealed.