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Section 32: Manner in which a person may be ascertained to be of unsound mind

The Army and Air Force (Disposal of Private Property) Rules, 1953Central Rules · 1950

The manner in which a person subject to the Army Act, 1950, or the Air Force Act, 1950 shall be ascertained to be of unsound mind for the purposes of the Act shall be by the finding of a medical board according to the procedure specified in this respect in the relevant regulations of the Government of India.

33. Reports. (1) When the commanding officer or a committee of adjustment conclude the disposal of an estate in so far as they are empowered by the Act and these rules, he or it shall send to the person prescribed in rule 24 a detailed report of such disposal as soon thereafter as possible.

(2) When an estate is handed over to an Administrator-General under the Act, he shall submit to the Central Government a return every six months of the estate handed over to him under section 7 and the manner in which they have been disposed of.

(3) The reports referred to in sub-rule (1) shall be accompanied by all the necessary documents and papers including those given in Schedule II to these rules.

(4) When an estate or surplus thereof is finally handed over under the Act to a representative or other person, a copy of the report referred to in sub-rule (1) or (2) shall be supplied to him free of charge.

(5) If the commanding officer or a committee of adjustment does not dispose of an estate to the extent he or it is concerned herewith, within twelve months in the case of subjects of Nepal and five months in all other cases of the date of death, or desertion, or the date on which the person whose estate is being dealt with is ascertained to be of unsound mind, or on which he is officially presumed dead, he or it will after that period submit to the Adjutant General, Army Headquarters, in the case of persons subject to the Army Act, 1950, or to the 29 [Director of Personal Services], Air Headquarters, in the case of persons subject to the Air Force Act, 1950, a report, showing the stage of, and the cause of delay in the disposal of an estate.

(6) The Standing Committee of Adjustment shall submit to the person prescribed in Rule 24 a return, every six months, of all the estates being dealt with by it, showing in brief important details thereof including stage of disposal and the progress made.

34. Exercise of powers of commanding officer in certain case. (1) Where a person not being an officer, subject to the Army Act, 1950, or the Air Force Act, at the time of his death, or desertion, or being ascertained under the Act to be of unsound mind, or being officially reported missing while on active service, was surving outside India, he shall for the purpose of the Act, be also deemed to have belonged to his record office, depot or regimental centre, as the case may be, at the said time but the commanding officer of only one of them will dispose of the property of such person in India.

(2) Where a corps, department, detachment or unit to which a person, not being an officer, subject to the Army Act, 1950, or the Air Force Act, 1950, belonged at the time of his death, or desertion or being ascertained to be of unsound mind or being officially reported missing while on active service, ceases to exit, such person shall, for the purposes of the Act, be deemed to have belonged to his record officer, depot or regimental centre, as the case may be, at the said time, but the commanding officer of only one of them will dispose of the property of such person.

Where this provision sits

ActThe Army and Air Force (Disposal of Private Property) Rules, 1953
Section32
Marginal noteManner in which a person may be ascertained to be of unsound mind
JurisdictionCentral
StatusIn force as published by the source

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