165. Disposal of certain property without production of probate, ete. (other than officers).
Property deliverable and money payable to the represent ative, widow or next of kin, of a deceased
person under section 164 may, if the total value or amount thereof does not exceed one thousand
rupees, and if the prescribed person thinks fit, be delivered or paid to any person appear ing to him to
be entitled to receive it or to administer the estate of the deceased, without requiring the production
of any probate, letters of adminis tration, certificate or other such conclusive evidence of title; and
such delivery or payment shall be a full discharge to those ordering or making the same and to the
Government from all further liability in respect of the property or money ; but nothing in this section
shall affect the rights of any executor or administrator or other representative, or of any creditor of a
deceased person against any person to whom such delivery or payment has been made 1[ : ]
1[Provided that when the deceased was attached to, or formed part of, a force which was not an
active service, the prescribed person shall obtain from the representative, widow or next of kin to
whom the aforesaid amount is paid, and undertaking to the effect that the amount left after payment
of debts, if any, shall be distributed amongst the legal heirs of the deceased.].
166. Application of section 164 and 165 to lunatics, etc. The provisions of sections 164 and 165
shall, so far as they can be made applicable, apply in the case of a person subject to this Ordinance
(not being an officer) who not withstanding anything contained in the Lunacy Act, 1912 (IV of 1912),
is ascertained in the prescribed manner to be insane, or, who being on active service, is officially
reported missing, as if he had died on the day on which his insanity 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 clauses
(2) to (5) of section 164 until such time as he is officially presumed to be dead.
167. Property of officers who die or desert. The provisions of sections 168 to 173 shall apply to
the disposal of the property of officers subject to this Ordinance who die or desert.
168. Powers of Committee of Adjustment.__(1) On the death or desertion of an officer, a
Committee of Adjustment appointed in this behalf in the manner prescribed (hereinafter referred to as
the Committee) shall, as soon as may be, subject to rules__
(a) secure all the movable property belonging to the deceased or deserter that is in ship or
naval establishment and cause an inventory thereof to be made, and ascertained draw the
pay and allowances, if any, due to him ; and
1 Subs. added by Act 29 of 1992, s.4.
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