#THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950. 
___________ 

##ARRANGEMENT OF SECTIONS 
__________ 

SECTIONS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Property of deceased persons and deserters other than officers. 
4. Property of officers who die or desert. 
5. Decision of questions as to regimental and other debts in camp or quarters. 
6. Representative powers of commanding officer or Committee. 
7. Power  of  Central  Government  to  hand  over  estate  or  deceased  person  to  the  Administrator 
  General. 
8. Disposal of surplus by prescribed persons. 
9. Disposal of effects, not money. 
10. Disposal of certain property without production of probate, etc. 
11. Discharge of commanding officer, Committee, prescribed person and the Central Government. 
12. Property  in  the  hands  of  commanding  officer,  Committee  or  prescribed  person  not  to  be  assets 
  where commanding officer, Committee or prescribed person is stationed. 
13. Saving of rights of representative. 
14. Application  of  sections  3  to  13  to  persons  of  unsound  mind  or  to  persons  reported  missing  on 
  active service. 
15. Appointment of standing Committee of Adjustment in certain cases. 
16. Power to make rules. 
17. [Repealed.] 



#THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950. 

##ACT NO. 40 OF 1950 

[28th April, 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. 

3. **Property of deceased persons and deserters other than officers.**—(1) On the death or desertion 
of  any  person,  not  being  an  officer,  subject  to  the  Army  Act,  1950  (45  of  1950),  or  the  Air  Force 
Act, 1950 (45 of 1950), as the case may be, the commanding officer of the corps, department, detachment 
or unit to which the deceased or deserter belonged, shall, as soon as may be and subject to any rules that 
may be made in this behalf— 

  (a) 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, 

  (b) draw the pay and allowances due to such person, 

  (c) make due provision for the payment of regimental and other debts in camp or quarters, if any, 
of such persons. 

(2) In the case of a deceased person, the commanding officer,— 

  (a) if in any case not otherwise provided for by rules made under this Act it appears to him to be 
necessary to make provision for the payment of regimental and other debts in camp or quarters, the 
funeral  expenses  of  the  deceased  and  the  expenses,  if  any,  incurred  by  the  commanding  officer  in 
respect of the estate of the deceased, shall, and— 

  (b) in any other case, may,— 

collect all moneys left by the deceased in any banking company (including any post office savings bank, 
co-operative bank or society or any other institution receiving deposits in money however named) and for 
that purpose may require the agent, manager or other proper officer of such banking company, society or 
other institution to pay the moneys to the commanding officer forthwith, notwithstanding anything in the 
rules of the banking company, society or other institution, and such agent, manager or other officer shall 
be bound to comply with the requisition. 

(3) Where  any  money  has  been  paid  by  a  banking  company,  society  or  other  institution  in 
compliance  with  a  requisition  made  under  sub-section  (2),  no  person  shall  have  any  claim  against  the 
banking company, society or other institution in respect of such money. 

(4) Where the representative of a deceased has given security to the satisfaction of the commanding 
officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral 
expenses of the deceased in cases where no provision for the payment of such expenses has been made 
otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the 
deceased, the commanding officer shall deliver over the property received by him under sub-sections (1) 
and  (2)  to  that  representative,  whereupon  his  responsibility  for  the  administration  of  the  estate  of  the 
deceased shall cease. 

(5) In  the  case  of  a  deceased  whose  estate  has  not  been  dealt  with  under  sub-section  (4),  or  under 
section 10, and in the case of a deserter, the commanding officer,— 

  (i) if in any case it is necessary in his opinion so to do for the purpose of securing the payment of 
the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of 
the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the 
estate of the deceased or deserter, shall, and 

  (ii) in any other case, may 

cause the movable property of the deceased or deserter, as the case may be, to be sold or converted into 
money. 

(6) The  commanding  officer  shall,  out  of  the  moneys  received,  collected  or  realised  under  sub-
sections (1), (2) and (5), pay the regimental and other debts in camp or quarters, if any, of the deceased or 
deserter, as the case may be, the expenses, if any, incurred by the commanding officer in respect of the 
estate of the deceased or deserter, and in the case of a deceased his funeral expenses in cases where no 
provision for the payment of such expenses has been made otherwise. 

(7) The surplus, if any, after payment of the debts and expenses specified in sub-section (6), shall,— 

  (a) in the case of a deceased, be paid to his representative, if any, or in the event of no claim to 
such surplus being established within twelve months after the death, to the prescribed person; and 

  (b) in the case of a deserter, be forthwith paid to the prescribed person, and shall, on the expiry of 
three  years  from  the  date  of  desertion,  be  forfeited  to  the  Central  Government,  unless  the  deserter 
shall have surrendered or been apprehended in the meantime: 

  Provided that the prescribed person may, if the deserter has not surrendered or been apprehended in 
the meantime, pay the whole or any part of the surplus received by him under clause (b) to the wife or 
children or any other dependant of the deserter at any time during the said period of three years. 

*Explanation.*—In this section and in section 4, the word “officer” with reference to persons subject to 
the Air Force Act, 1950 (45 of 1950), includes a warrant officer who has died or deserted. 

4. **Property of officers who die or desert.**—The  provisions  of  section  3  shall  also  apply  to  the 
disposal  of  the  property  of  any  officer  subject  to  the  Army  Act,  1950  (45  of  1950),  or  the  Air  Force 
Act, 1950 (45 of 1950), who dies or deserts, but with the following modifications, namely:— 

  (i) the functions of the commanding officer under section 3 shall be performed by a Committee of 
Adjustment constituted in this behalf in the prescribed manner; 

  (ii) the  surplus,  if  any,  after  payment  of  the  debts  and  expenses  specified  in  sub-section  (6)  of 
section 3, shall in the case of a deceased officer, be paid to the prescribed person. 

5. **Decision of questions as to regimental and other debts in camp or quarters.**—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 
or deserter or as to the amount payable in respect thereof, the decision of the prescribed person shall be 
final and shall be binding on all persons for all purposes. 

6. **Representative powers of commanding officer or Committee.**—For the purpose of the exercise 
of his or its duties under section 3 or section 4, the commanding officer or the Committee, as the case may 
be, shall, to the exclusion of all other persons and authorities whomsoever or whatsoever, have the same 
rights and powers as if he or it had taken out representation to the estate of the deceased, and any receipt 
given by the commanding officer or the Committee, as the case may be, shall have effect accordingly. 

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 

[^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). 



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 [^1][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. 

8. **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 sub-section (4) of section 7, the prescribed person shall,— 

  (a) if he knows of a representative of the deceased, pay the surplus to that representative; 

  (b) if he does not know of any such representative and the surplus has not been disposed of under 
section 10, publish every year a notice in the prescribed form and manner for six consecutive years 
and if no claim to the surplus is made by a representative of the deceased within six months even after 
the publication of the last of such notices, the prescribed person shall deposit the surplus together with 
any income or accumulation of income accrued therefrom to the credit of the Central Government: 

  Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof, if 
he is otherwise entitled to it. 

9. **Disposal of effects, not money.**—Where any part of the estate of a deceased person consists of 
effects, securities or other property not converted into money, the provisions of sub-section (7) of section 
3, clause (ii) of section 4 and section 8, with respect to the payment of the surplus, shall, save as may be 
prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the 
prescribed person shall have the same power of converting the same into money as a representative of the 
deceased 

10. **Disposal  of  certain  property  without  production  of  probate,  etc.**—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 exceed 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. 

11. **Discharge  of  commanding  officer,  Committee,  prescribed  person  and  the  Central 
Government.**—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 

[^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). 



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. 

12. **Property  in  the  hands  of  commanding  officer,  Committee  or  prescribed  person  not  to  be 
assets where commanding officer, Committee or prescribed person is stationed.**—Any  property 
coming into the hands of the commanding officer or the Committee or the prescribed person under section 
3, section 4 or sub-section (4) of section 7 shall not, by reason thereof, be deemed to be assets of effects at 
the place in which that commanding officer or the Committee or the prescribed persons is stationed, and it 
shall not be necessary by reason thereof that representation be taken out in respect of that property for that 
place. 

13. **Saving of rights of representative.**—After the commanding officer, or the Committee has paid 
to the prescribed person the surplus of the property of any deceased under sub-section (7) of section 3 or 
clause (ii) of section 4, any representative of the deceased or any Administrator General, shall, as regards 
any property of the deceased not collected by the commanding officer or the Committee, as the case may 
be, and not forming part of the aforesaid surplus, have the same rights and duties as if sections 3 and 4 
had not been enacted. 

14. **Application of sections 3 to 13 to persons of unsound mind or to persons reported missing on 
active service.**—The  provisions  of  sections  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  (45  of  1950),  or  the  Air  Force  Act,  1950           
(45 of 1950), as the case may be, who, notwithstanding anything contained [^1][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) or section 3 or section 4 or section 7 until such time as he is officially presumed to 
be dead. 

15. **Appointment of standing Committee of Adjustment in certain cases.**—When an officer dies 
or deserts or is ascertained in the prescribed manner to be of unsound mind or while on active service is 
officially reported missing, the references in the foregoing provisions of this Act to the Committee shall 
be construed as references to the Standing Committee of Adjustment, if any, constituted in this behalf in 
the prescribed manner and such Standing Committee shall alone be entitled to perform all the functions of 
the Committee under this Act. 

16. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules[^2] for the purpose of carrying into effect the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may— 

  (a) prescribe  the  manner  in  which  any  property  belonging  to  a  deceased  or  deserter  may  be 
secured or collected and his regimental and other debts in camp or quarters paid; 

  (b) provide for the payment of the funeral expenses of any deceased; 

[^1]. Subs. by Act 31 of 2000, s. 4, for “the Indian Lunacy Act, 1912 (4 of 1912)” (w.e.f. 25-8-2000). 
[^2]. Subs. by Act 20 of 1983, s. 2, and the Schedule (w.e.f. 15-3-1984). 



  (c) provide for the constitution of the Committee of Adjustment or any Standing Committee of 
Adjustment under this Act; 

  (d) specify the person who shall be regarded as the prescribed person for the purposes of this Act; 

  (e) prescribe the circumstances in which the estate of any deceased shall be handed over to the 
Administrator General; 

  (f) prescribe the form and manner in which a notice under section 8 shall be published; 

  (g) prescribe the procedure by which any person may be ascertained to be of unsound mind. 

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after 
it is made, before each House of Parliament while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

17. *[Repeals.]—Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the 
First Schedule.*