Army and Air Force (Disposal of Private Property) Act, 1950
No: 40 Dated: Apr, 28 1950
THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950
ACT NO. 40 OF 1950
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:—
1. Short title, extent and commencement.—(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 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), wherever they may be.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) “Committee” means the Committee of Adjustment constituted under section 4;
(2) “prescribed” means prescribed by rules made under this Act;
(3) “regimental and other debts in camp or quarters” includes—
(i) in relation to any person subject to the Army Act, 1950 (45 of 1950), moneys due as military debts, namely, sums due in respect of or of any advance in respect of—
(a) quarters;
(b) mess, band and other regimental accounts;
(c) military clothing, appointments and equipments, not exceeding a sum equal to three months’ pay of the deceased and having become due within eighteen months before the date of his death; and
(ii) in relation to any person subject to the Air Force Act, 1950 (45 of 1950), moneys due as air force debts, namely, sums due in respect of or of 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 the date of his death;
(4) “representation” includes probate, letters of administration, with or without the will annexed and a succession certificate, constituting a person executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person;
(5) “representative” means any person who has taken out representation, but does not include an Administrator General;
(6) all words and expressions used herein and defined in the Army Act, 1950 (45 of 1950), or the Air Force Act, 1950 (45 of 1950), and not in this Act defined shall be deemed to have the meaning respectively attributed to them by those Acts.