Provided that the prescribed person may pay the whole or such part the surplus as he may deem
proper to the wife or children or other dependants of the officer.
(8) If in any case a doubt or difference arises as to what are the service and other debts in ship or
naval establishment of a deceased officer or deserter or as to the amount payable therefor, the
decision of the prescribed person shall be final and shall be binding on all persons for all purposes.
(9) For the purposes of the exercise of its duties under this section, the Committee shall, to the
exclusion of all authorities and persons whomsoever, have the same rights and powers as if it had
taken out representation to the deceased ; and any receipt given by the Committee shall have effect
accordingly.
169. Disposal of surplus by the prescribed person. On receipt of the surplus referred to in sub
section (6) of section 168 the prescribed person shall proceed as follows :__
(1) If he knows of a representative, widow or next of kin of the deceased, he shall pay the
surplus to that representative, widow or next of kin.
(2) If he does not know of any such representative, widow or next of kin, he shall 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, widow or next of kin, of the deceased within six months 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 1[Federal Government]
:
Provided that such deposit shall not bar the claim of any person to such surplus or any part
thereof
2[Provided further that when the deceased officer was attached to, or formed part of, a
force which was not on active service, the prescribed person shall obtain from the representative,
widow or next of kin to whom the surplus amount is paid an undertaking to the effect that the amount
left after payment of debts, if any, shall be distributed amongst the legal heirs of the deceased.].
170. Disposal of certain property without production of probate, etc. Property deliverable and
money payable to the representative, widow or next of kin of a deceased officer under section 168 or
section 169 may, if the total amount of value thereof does not exceed five thousand 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 the production of any probate,
letters of administration, succession certificate or other such conclusive evidence of title.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
2 Subs. added by Act 29 of 1992, s.5.
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