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Report No. 19

51. Section 54.-

Section 54 of the Act provides for action by the District Judge in respect of non-exempted persons. Under sub-section (1), the District Judge has to report the death of any such person without delay to the Administrator-General, stating certain specified particulars. Sub-section (2) provides that until the Administrator-General obtains letters of administration or until some other person obtains probate or such letters or certificate, etc., the District Judge shall retain the assets under his charge or appoint an officer under section 239 of the Succession Act, 1865 (now section 269 of the Indian Succession Act, 1925).

Under sub-section (3), the District Judge has also power to pay out of the assets or proceeds sums necessary for funeral expenses, wages for services rendered within three months before the death, expenses for meeting immediate necessities of the family and other acts necessary for the proper care and management of the assets. Now, sections 192 and 269 of the Succession Act also provide that the District Judge can take action for the preservation and protection of the estate of the deceased.

We think that section 54 is out of place in the Administrator-General's Act and that if it is to be retained, its proper place would be in the Succession Act. We, therefore, recommend that the section may be omitted from the Administrator General's Act. As and when the Indian Succession Act is taken up for revision, the question of incorporating a suitable provision may be considered.

Administrator-Generals Act, 1913 Back

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