Repealed or not in force · As amended up to 2026-08
(4) The surplus, if any, shall in the case of a deceased person be paid to his representative.
79. ~mendm,enkof Chapter VlI16f tbs Penal Code (Offences relating to Army and Navy).
CHAPTER VI.
Exemption from Process.
80. Exemption from arrest for drbt.
(6) Property deliverable or money payable to tlie representative of a cleceased person under this section may, if the value or amount thereof does not exceed
[ACT xrv, 1887.1 `Luw.-` rSecfio~z 52.)
I~clian Majgine.
(Chcqter `TI.-Provisi09?s of Civil Luw.-`
one thousand rupees and the Director of Marine or the prescribed authority 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, certificate or other such conclusive evidence of title; and such delivery or payment shall be a full discharge to the person ordering or making the same and to the Secretary of State for India in Council from all further liability in respect of the property or money ; but nothing in this section shall affect the rights of any executor or adn~inistratos or other representative or of any creditor of a deceased person against a person to whom any such delivery or payment has been made.
(7) A person shall be deemed to have deserted witbin the meaning of this section who has been convicted of desertion, or who has been absent without leave for a period of thirty days from the Indian Marine Service, and has not subsequently surrendered or been arrested.
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(5) I n the event of no claim for the surplus of a deceased person's estate being established within twelve months after his death, and immediately after the sale of the effects of a deserter, the amount remaining in the hands of the commanding officer shall be remitted to the Director of Rfarine.
(2) The Judge of any such Court may examine
into any' complaint made by any such person, or his superior officer, of the arrest of the person contrary to the provisions of this section, and may by order under his hand discharge the person, and award itcasonable costs to the complainalzt, T T ~ ~ O may reccver those costs as be might 11,z~re recovered costs x~~arciecl to hinl by EL decree against tlie person obtaining the proccss. `8i.` Tllc-
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81, The clothes, equipment or arms of a person subject to this Act shall not he seized, nor shall the pay and allowances or any part thereof of any such person below the position of a gazetted officer he attached, in execution of any decree or order enforceable against him by any Court of Civil Judicature.
ProPwt.y which canno be attached.
P r o ~ e ~ t y `of` Deceased Persons and Deserters. 82. The following rules are enacted respecting the disposal of the property of any person subject to this Act who dies or deserts :-
Disposal of property of deceased persons and deserters.
(1) The commanding officer shall secure all the moveable property which is on the spot and cause an inventory thereof to be made.
(2) I n the case of `n` deceased person, if his representative is on the spot and gives securit.y for the payment of the ship and service debts of the deceased, the commanding officer shall deliver over the property to that representative.
79. After section 138 of the Indian Pella1 Code XLVof the following section shall be inserted, namely :-
Amendment of vII Chapter of the Penal Code (Offences relating to Arnly and Navy).
Navy). Application " 138A. The foregoing sections of this Chapter of foregoing sections to shall apply as if Her Majesty's Indian Narine Service the I n d i ~ ~ were comprised in the Navy of the Queen." Marine Service.
Exemption from arrest for debt.
CHAPTER VI.
PROVISIONS OF
OF CIVIL LAW.
Zxemption from Process.
`80.` (1) -4 person below the position of gazetted officer shall not, while subject to this Act, be liable to be taken out of the Indian Marine Service by any process, execution or order of any Court of law, or othernrise, or be compelled to appear in person before any Court 'of law except in respect of the following matters, or one of them ; that is to say :-
(a) on account of a criminal charge or conviction ;
- (b) on account of a decree for money, when the amount exceeds three hundred rupees over and above the costs of the suit.
(3) I n the case of a deceased person, if the pro. perty is not dealt with under clause (2), and in ttie case of every deserter, the commanding officer shall cause the property to be sold by public auction, and from the proceeds of the sale shall pay the ship and service debts and, in the case of a deceased person, the expenses of his funeral ceremonies.
Source: India Code