Section 175 of The Navy Act, 1957
- (1)Notwithstanding anything contained in the Administrator-General's Act, 1913 (3 of 1913), an Administrator-General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under section 171 or section 172 except in so far as he is expressly required or competent 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 1[sailor] or officer shall be handed over by the commanding officer or the Committee of Adjustment, as the case may be, to the Administrator-General of a State for administration and thereupon such commanding officer or the Committee shall make over the estate to such Administrator-General.
- (3)Where under this section any estate is handed over to the Administrator-General, the latter shall administer such estate in accordance with the provisions of the Administrator-Generals Act, 1913 (3 of 1913): Provided that where the estate is handed over to the Administrator-General before the ship and service debts and other debts in ship or quarters of the deceased are paid, it shall be the duty of the Administrator-General to pay these debts in priority to any 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 to the person prescribed in this behalf.
- (5)The Administrator-General shall not charge in respect of his duties under this section any fee exceeding three per cent. of the total amount coming to or remaining in his hands after payment of the ship and service debts and the other debts in ship or quarters.
Summary
- This provision allows the Central Government to transfer a deceased person's estate to a state Administrator-General for management.
- The Administrator-General cannot interfere with the property on their own unless expressly required or directed by the government.
- Once the estate is handed over, the Administrator-General must prioritize paying any ship and service debts before paying other civilian debts.
- Any surplus money left over after debts and charges must be paid to the heirs, or to a prescribed person if no heirs can be traced.
- The Administrator-General is capped at charging a maximum fee of three percent on the amount remaining after service debts are paid.
Practical examples
FAQ
1. Can the Administrator-General step in automatically under Section 175 of The Navy Act 1957?
No, under Section 175 of The Navy Act 1957, the Administrator-General cannot interfere unless expressly required or directed by the Central Government.
2. What debts get paid first by the Administrator-General under Section 175 of the naval law?
According to Section 175 of the naval law, the Administrator-General must pay the ship and service debts, as well as other debts in the ship or quarters, in priority to any other debts due by the deceased.
3. How much can the Administrator-General charge under Section 175 of the 1957 Navy Act?
Under Section 175 of the 1957 Navy Act, the Administrator-General cannot charge a fee exceeding three percent of the amount remaining after the ship and service debts have been paid.
4. What happens to the leftover money under Section 175 of this Defence law if there are no heirs?
Under Section 175 of this Defence law, if no heir is traceable, the Administrator-General must make over the surplus to a prescribed person.
Test yourself
Q1.Under Section 175 of The Navy Act 1957, who has the authority to direct that an estate be handed over to the Administrator-General?
Q2.When administering an estate under Section 175 of the 1957 naval rules, which debts take top priority?
Q3.How is the maximum fee calculated for the Administrator-General under Section 175 of the Indian Navy Act?
Q4.Under Section 175 of The Navy Act 1957, what must the Administrator-General do with the surplus if the deceased's heirs cannot be traced?