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44 747 * fat de 77 5589 rrfeireg1 1R 4615411119 T 97 64111
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Neei, 4, 7 1--17171 4 4 771 of Tr§ NT 114f7
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Trt wire siRoi Trfrrei ale ,,11t.1 14,6 srex
61. r7rrammfermt7FRI4 * 77 7 341
777 17 ,mr atl <r err (57a 47 9)
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(Y4144 45 eio !-et 779 ATTU 10 4 4171 Avi, I
444T 5)1113-118/ 139t1 tPT 511- A 477 4T13T 619 30 7 7
31 144 W < T v4 44 97 31 - az fz7 MIT
( 44.4 at 44- 444 447 5411x4 afam 49.--4 Fr Tit
94, ama, flat ITT-c.rft 61411611 57 9 ft 931 951 Tit iT7t1 aT 54 31,11 4 4 1119 mltfr I
rirrrr t airy 10
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991 4 4 Au PM a419q
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PVT 97I9a.
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263 D0172-2
500 DEL I'GAZETTE EXTRAORDINARY+ [PAR
Tivrr TRfigt f+-74P4ZT7r4 4-cr max wr 74.raw mdt srfatiz tin 44)
kTlRl( 4111€ aRT 44794`k 44, 4R174
77E7
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5. 4xi9,f4Trf7t fonwthrtN*mgr chi 14. WI1WT 01999-cf ger 111f 9997w 45(181e.fe9m1
@ART) ' RUM GAZETTE EXTRAORDINARY 501
lkawfa ?ntr 0 10f nar erTRITI d rrittnrfu a anl- 0 xr- ,raft aR. 14 tar ier mS fewal
t-r mficr aii-pi
' , 0• 4 TTIT e 79,11T97 7R17 . 174 mica eat, AR 9T1
Ti•FT TIT IT ti Trr 97 0 alift 40 c<k
Trar oar aft
irt
ax rriam trf Tel 11 +3 ktlit r.{a* frfa fwErtk rrfn tr sf Iola 1 amrt f090 tut TErna-ra frq
ART7 am ATI e 97079 TN .71871 TT Trt 57=71.y fttrr Tr taw trr fay.
*ftr tm ac
frn- atfla
959 afiffa- TT Tar ffau era 9r,;afTaruia ft-frir' aT ariaT foram TAITTI7 a1 fTeTA1
4tt itt II& or IT Tr
A T
canTa TrTIAMAT
35•en Teel TTA
fit5 77 WA 797 * TreSIMAT TAIT TM A TARR 7:
7
T FT TT TAR 9373 TEM
T fr9. tarifa ...... k CT gala
eT 71 a Irrra
t fat. tEr @TT 1193 7097 eNlaa
(70 ath-Em 0 tr-4- mit ‘fr- 4ra Ti-*a 47)- a1 41z *frr ET terEcr
ft-Er ml Qr.rbtEr 4zaz jim e irdw
• crt. 91 91 a ark f as a-Fa
r eia
k fat ,:n rft TR 77 77177 TA TITT AFT AtT7 f771 oat
kr rim r MINT ITT AT a1 AT WI' 77 977 * 77111 erw TT Traka
1963 T1 07E977 TTAT 45 TT QTC 29*' AT@ 27T SITT ATRIA 6
ad kk t
(1963 TteITTTATT TAIT 45 Tbl• 721 29 T 7737
spurt Era)
grcr 1aa TAT
Tru Ittt f are Try, . 471-0 Atff
3rlx ,,t40 44k uratry: 91- tT TWAT T 3ht dTtf 73. TAT@
.... rrT4
DELHI GAZETTE EXTRAORDINARY [PART IV
502
ecru
474
“Farr t art4 44-4f7 Fuq 45,,T
4121 AT4a1 s# .kth 474 rifyr arts am vs 4144faai
19 at ktiti fR7 at skits 4kKi
Att A, 301 k fare at 6,29921
19 AW 44/4
19 a4 SIC 4a-crfsr
MAAR -------------- —
aaz At sr as 16m-ms eta
Talk 92211a PR sr arts d Ers-ma
212 CTItt
Are TIAT 6266 AT 1114frel
d12914 Itgr AAR 9, tki 121u 4 Wr46f794 c 21114k94
•
51211 Ak'AtAgfAttt
RciiiRT4r
yru.s 19 Rr tr's
1ff
sfr‘fast Ri44571
AAA rr
ART Air Ri aE klk iggkg a,ufar, Rig Atli ggf AktrA21) sit itg Arkkli 14441 R ert A
eieuA fwik
EMIT SIVITAff
0 it at sr etc * 464-9121 444
ffifs 149111k as m arts t 6414-41211
grairj71 vat Rit sr 4T*Ta
Aink24 924 344 gi 21222k4
srfalftfr d sisflar 244 am tzar Irk *7-Tr 91-615691t eligt
enfatc
erdin
P.e172V] DELHI GAZETTE EXTRAORDINARY 503
Trim 19 7190 pa
17741 I477 =di r, 7-4i317071 77 014/1 77 74177 * MTZ €rtfw * alaiat. 4 dta as T 4144 14t 771« as 4 77 er yob
a? wQ visi er 747R7 wr< 7171177, 07707, /714 m 777 it *I Ir Ytfr
3:44A41 4 urrat 5
(1047 15 77) (faqir 2477)
77773
- W41 *1R4
(7) 77 01771 it tar 4e TO ;1/4.*autit 4 sane cra
ararcra as 4n4 fear t %-44- 4rt tfxrartr
tru ;Alt it S far
oaf 4 wk 777 77 6-1/4 7117 - 47 77 1
at 041 7704 31771 f7777
ftra Tpa, t art t, (7) 37 714-4 it 44 IRO 774 77.41074707 it UM 22,
#rtr
tfaarc it k t t 47tcr efat it Sad riqc e 44- 30 7771 777F77111 3l fkait 44r UM Teem 710
an, tutribet thectr 44aft, f**Nre 0471 tnr 1401 ezr 50 7771 0117 are *44. 4 gut
ark seiffill 741 40-77 , 714-7 7771" 63141 4,1td 774707 117 6-1/4 71477 VFW I
51)1V1ItIt
ar litr7r tear tIa 7077 444 1 as araw k at 4a- (r) ta Irrta it tr 7crt* air vfaft94 *r arar 10
. arcs e Tram- *larr uer aver e1 070710 arrftuaff ai ataiT4 {tit Trt 77401 4776" 77177177 7777 4....03! i 77
• - it, 4-r. ktql cut 7177, 40407 77 7411 I 77 trt 50 3.74 * 777 7F77 sha;r vit #arftt, 913r711 71177 777
17 177 f07447 4,(3 4474 777 3-41 077 77 177774 VTR 77 46 Scvil 1i to4 71 3 Tift1717 4101
frit 717 it at ark aftz t. 414 tazrk &rer 447710 wc faa (7) 97 774777 7 77 74771 774 7747-7117 £4401 29 77
tI 30 7 WEN 017109167 k NNIm 47 1441 t
(2) trfe Dftersi _oo 4,:r4 4 4444 4 fee4 400 (d) "Bank-" means the State Bank of :India or any other
Scheduled Bank where securities or monies of an estate
tifetet 7444 I„ 37 10 7137 T4 3E3d may have been lodged.
( 3) 717 diff53413 400 ss4 N. IEEE ""5 6 00 777 (e) "Deputy Administrator-General' means the Deputy
Administrator-General of the Union territory of Delhi,
WRIT 734 3), 37 1s 444 Tr 44,44 t when so appointed.
(1) 414 3i 45341 600 wit 4 W k 1k9 sop 444 4 (f) Government" means the Government of Union terri-
44 20 4e4 Ie I tory of Delhi.
IffIIT 444
(g) "Official Gazet te" means the Gazette of Delhi.
(s) kriv, 44-444r sot) 444 4 414-4 fet9 t000 444 44
(Id 'Section" means a section of the Act.
stretret 444 th 25 w of vet 1
(i) "Treasury!' means the Government Tresury at Delhi
( 6) 444 4E444 1000 4444 4u444 art, ate 44444 or New Delhi,
et 2-02 11P5717 Tr Pff
3. Prescribed authority under section 52:—The Secretary
( 7) 7fd kfif35511 10000 777 4 5734 g f444 15000 to Government, Union territory of Delhi in the Judicial Depart-
4T 1i' 74 3 afa ne ment, shall be the prescribed authority for the purposes of
-344 4 Tria at section 52 of the Act,
.1 5177
4. Certain Officers and authorities to report death, etc., to
(4) 44 44444 4 44 4t4, fit 44m 4 444 4144-444 the District Magistrate:—Every officer or local authority,
upon whom or which the duty of registering deaths has been
44 axe 57 a es 975177 17131 i.i to )73 353i g--4347 imposed by or under any law, shall, upon receiving information
771 a ad41771 (1)433 mfr AT fetid) 57711T7371-1950 11317t of the death of any person to whom the.Administrator-General's
Act applies report the fact of such death without delay to the
5.171 414 1 )37 4, 34444t 3 7`2717 dff I District Magistrate together with the following:particulars
as far as they may be known to him or :—
(a) Date of death and the amount and nature of the assets
left by the deceased;
(b) whether or not the deceased left a Will, and, if so, in
tie-0E4444 -44IIWt 7173- 51-737 Ada whose custody it is; and
eetr 44,141714r4 aI NIFIT 717M- 3414k5 airs 4 444 (c) the names and addresses of the surviving next-of-kin
77 di 1141117 743 T1 TNT PIN 3 d714 -- of the deceased.
2. Definitions:—In these rules, unless there is anything re- 8. District/Local Authority to assist Administrator-General:--
pugnant in the subject or context:— The District and Local Authorities arc required to assist the
Administrator-General in the performance of his duties and
(a) "The Act' means the Administrator-General's Act, administration of estates, in such manner as the Administrator-
1963, (No. 45 of 1963), as amended by Act No. 2 of General may-direct for protection, safe custody and disposal of
1972. properties or assets of the deceased or for any other purpose in
(b) 'Administrator-General" means the Administrator- the discharge of his official dutied.
General of the Union territory of Delhi and any other
territory or successor Government as may be notified 9. Steps to be taken under section 8, 9 and 10:—(1) On
from time to time. receipt of information through the District and Local Autho-
rities or otherwise, the Administrator-General shall proceed
(c) ''Court" incans the High Court or District Court to take steps in accordance with the provisions of sections 8, 9
and includes any court, tribunal or authority. and 10 of the Act.
piativ,r DELHI GAZETTE EXTRAORDINARY - 505
Provided that, when the name and address of the executor 15. Noticeunder section 23:—fl) The notice to be given
or next-of-kin is known to the Administrator-General, the under section 23 sub-section (I) of the Act shall be in the form
Administrator-General shall not proceed in the administration prescribed in Schedule IV to these rules or as nearly as may be
until, he has communicated with such executor or next-of- expedient and shall be advertised in such newspapers as the
kin in order to ascertain whether he proposes to apply for ad- Administrator-General thinks fit, provided that more than
ministration and until a reasonable time has elapsed for the one estate may be included in the same notice.
receipt of a reply to such communication; and where a reply
in the affirmative has been received, until the expiration of such Non: It is not necessary for the Administrator-General
further time as would admit of an application for administra- to advertise separately for the heirs or next-of-kin of ..ha de-
tion being made. ceased as the wording of the notice is meant to and is enough
(2) Notwithstanding anything in clause(I), the Adminis- to bring within its scope not only the creditors but also the
tratorGeneral may take immediate action under section 9 heirs of next-of-kin of the deceased and other persons who may
if, in his opinion, such a course is necessary to protect the estate. be interested in the distribution of the assets of the estate.
10. Contest of application for letters of administration (2) Notice of rejection or displlowance of a claim under
before a court:—When an application is made to the High section 23 sub-section (3) of the Act, shall be given by a letter
Court- for letters of administration by any person other than addressed to the creditor at the address given by him in his
the.next-of-kin of the deceased,or for letters of administration communications or other known address, by registered post.
other than letters pendente lite to any court by a creditor, a legatee In no event shall the funds of the estate be distributed if there
other than a universal legatee or a friend of the deceased, a cita- be any doubt as to the sufficiency thereof, until the expiration
tion with a copy of the application and its annexures shall be of one month from the date of the service of notice under sec-
forwarded to the Administrator-General, who shall context tion 23(3).
the application for letters of administration under section 8
of the Act, if he considers thd adoption of such a course neces- 16. Procedure of payment to creditors:-(l) As soon as the
sary for his,preferential right. Administration-General is in a position to pay the creditors in
full, or in insolvent cases when he has realized all the assets.
11. Costs receivable by Administrator-General.:—When he shall forward a special notice to each creditor whose claims
an application is made by any person to the High Court or Dis- has been admitted together with a receipt for the amount pay-
trict :Court for Probate or letters of administration with or able to him for his signature, whether such receipt represents
without a copy of the will annexed, a citation with a copy of the total amount of his claim of a dividend. Such notice shall
application with annexures shall issue to the Administrator- be sent to the creditor at his last known address. On presenta-
General to enable him to ascertain his preference, bonafides of tion of the receipt duly signed and accompanied by a registry
such application and to file objections or to contest the same. certificate—if one has been issued to the creditor-unless the
should.such a course be deemed necessary. The Administra- non-production of the latter is satisfactorily explained, the
tor-General shall be entitled to receive costs for such appearance amount shall be paid to the creditor.
out of the estate unless the court directs otherwise.
12. Deposit of expenses by an applicant for administration (2) Should the registry certificate be issued and produced,
of estate:—Any next-of-kinexecutor, universal legatee or it shall be retained if the payment is made in full; but where only
person interested in the estate of the deceased may request the a dividend is paid, it shall be returned to the creditor with an
Administrator-General in writing to obtain Probate or letters endorsement thereon showing the amount of dividend so paid.
of administration with or without a will annexed to the estate
of the deceased and the Administrator-General, after ascertain- (3) A notice similar to the one mentioned in clause (I) shall
ing the position of assets, possibility of contest and expense be forwarded to every creditor of an estate whose claim has been
involved, may proceed to do so and, if he considers so necessary admitted but has not been paid in full, whenever further assets -
he may require the applicant to deposit such amount for expenses in such estates have been realized and the Administrator-
as be required from time to time until he obtains administra- General is in a position to pay a further dividend on the admitted
tion. The amount so deposited will he adjusted in due course claim,
of the administration of the estate.
Nom: The Administrator-General may have such forms may deem expedient with due regard to the responsibility of such
printed for convenience of applicants. If there he a person.
will it shall be submitted in original with the affidavit
of at least one of the attesting witnesses to prove due 22. General Purposes Fund;—(1) There shall be a General
execution of the will as required by law, and if the certi- Purposes Fund for the purpose of meeting expenses with regard
ficate is applied for in estate cases, by any one other to stamp duty, payment of fees to counsel and personal fee in
than the executor named in the will, the original renun- connection with any litigation suit, proceeding, or application
ciation shall also be submitted. to he filed or contested in any court. Such expenses or fees
so defrayed or paid shall be recouped out of the estate con-
(f) particulars of liabilities against the estate of the deceased cerned when administration of such estate is taken over by the
as far as known to the applicant; Administrator-General as far as possible and where for any
(g) statement whether application has been made for pro- reason such expenses or fees cannot be recouped, a statement
bate of the will or for letters of administration relating to that effect will be submitted to the Government. This
to the estate in any court, and with what result; register may be maintained in form no. 2A as specified in Sche-
dule I.
(h) an undertaking that the applicant will administer the
estate according to the law; (2) When the Administrator-General takes over the adminis-
tration of any estate, he may permit advances out of the General
(i) such other information and particulars, together with Purposes Fund in order to meet the initial expenses of adminis-
such documents, as may be required by the Administrator- tration and such advances shall in due course be recovered from
from
General in any particular case; and the estate concerned or adjusted, if found irrecoverable,
the General Purposes Fund.
(j) in the case of an application under section 30 full
particulars of the debt and a statement whether any
security, and, if so, what, is held for the debt together 23. Personal fee payable to Administrator-General :—Vacrp
with full particulars of the claims of other creditors ever the Administrator-General goes out of station for the
and an undertaking that the applicant will pay all work of any estate under administration, then in addition to
debts as required by law and that if there should be a fees chargeable under section 41 and prescribed by rule 24 of the
surplus after satisfying all claims he will make it over to Rules, he shall be entitled to a personal fee for out-station work
the legal heir of the deceased,and that failing such an at the rate of Rs. 50/- per diem chargeable to such estate, ,or if
heir he will remit the surplus amount with a statement there are several estates,to all such estates as may be reasonable:
of account to the Administrator-General. Provided that such fees shall be chargeable subject to such
conditions and restrictions as may be prescribed by Government
19. Advertisement of certificate under section 29 or 30:— from time to time. Provided also that no such fee shall be
When an application is made to the Administrator-General payable for the same day for which the Administrator-General
for a certificate under the provisions of section 29 or 30 of the is paid fees as counsel out of such estate.
Act, he shall have a general citation pasted on the Notice Hoard
of his office and if he considers it likely that the will may be
contested or that the granting of certificate to the applicant 24. Fees under section 41. The fees mentioned in Sechedule
V to these rules shall be the fees prescribed under section 41
may be objected to, have the notices sent to parties or have the of the Act, provided[ hat they may be reduced compounded for,
citation advertised if he considers it so necessary, or if he is or remitted as provided in these rules.
requested to do so by the applicant or any other person before
or during the pendency of the proceedings, advertise same in 41:—For
such newspapers as he thinks fit. A period of at least fifteen 25. Valuation for calculating fees under section
days shall be fixed in the citation unless the Administrator-Gene- the purpose of calculating the fees under section 41 of the Act,
ral by an order in writing reduces such period and no certificate assets shall be valued as follows:—
shall begranted before expriry of the periodspecified in the (1) The value of movable assets (other than cash) shall
citation. Should the circumstances 'warrant, the period
be—
mentioned in the citation may be extended.
(a) the price realized on sale;
In cases where a citation is to be advertised in newspapers
by request or by an order of the Administrator-General, the (b) if there be no such sale then the value of the property
on the date of its transfer to the heir, legatee or creditor:
cost shalll be deposited by the applicant withing a period to
be fixed by the Administrator-General, failing which the pro-
Provided that if in any particular case the Administrator
ceedings shall abate for default. General considers.it necessary he may get the property valued
by an expert whose charges shall be paid out of the funds of the
20. Regard to be had to wishes of relatives and others as to
the disposal of assets:—The Administrator-General shall dis- estate.
pose of the assets of an estate either under his direct supervision
or through such person or local official as may appear suitable (2) The value of immovable assets shall be:—
to him, and in doing so he shall, if the estate does not appear
to be insolvent, have regard to the wishes of the persons who (a) the price realized on sale;
are entitled to a share of the estate concerning the reservation (b) if the property is not sold, the value of the property as
of such articles as may be desired by such persons, provided that estimated by the Collector or agreed upon between the
such wishes are made known to him before the disposal of the Administrator-General and the person to whom it is
property, unless he considers that such a course would be pre- transferred.
judicial to the administration of the estate or would conflict
with the interest of some other interested preson. Unless the (3) Income, where the same is derived from the carrying on
estate is insolvent no specific legacy shall be sold without a of any trade or business, shall mean the gross receipts of such
reference to the person to whom it is bequeathed, but such a trade or business.
reference may be omitted when there are not sufficient funds to
pay the statutory charges: Note :—Collection and management charges shall not he
deducted from the gross rent or income for the purpose of
assessment of fee under this rule.
Provided that nothing contained in this rule shall prevent
the immediate disposal of livestock or other assets subject to
speedy or natural decay or articles the storage of which cannot 26. Time of payment Fees under section 41 of the Act shall
conveniently be arranged for or would involve disproportionate be levied and debited to the account of an estate—
expenditure.
(1) if the property is sold, on the receipt of the sale-proceeds;
Provided that no fee shall be debited to the account of
21. Security to be furnished by certain persons The Admi- the estate so as to leave a debit balance;
nistrator-General may require any person who is entrusted with
the receipt or custody of money or property belonging to an (2) if the property is not sold but transferred or made over
estate to furnish such security as the Administrator-General to some person, at the time of closing the account of
PAk.7 14] DELHI GAZETTE EXTRAORDINARY 507
the estate, or in instalments during the administration Provided that nothing hereinbefore contained shall preclude
of the estate. But in all the cases the fee shall be adjus- the Administrator-General from refusing the inspection of or
ted before the final winding up of any estate. search for or grant of conies of documents and papers of a
confidential nature, and the decision of the Administrator-Gene
27. Manner of calculation and payment:—Subject to any ral in this respect shall be final.
special arrangement made under rune 31, all fees payable under
section 41 of the Act shall be calculated in the manner laid (b) The following shall be the prescribed fees for the above
down in rule 25 and debited to the estate as provided in rule 26. purposes :-
28. Adnistment of fees in accounts :—The account of each 0) For inspection of books, Rupees 4 per day.
estate ih regard to fees payable shall be adjusted every half- accounts and records of
year on June 30 and December 31, respectively : an estate.
(ii) For searches regarding es- Rupees 5 per day.
Provided that previous to the final winding up of any estate fates which have been
the Administrator General shall adjust his account in regard wound up or closed.
to fees charged or payable in accordance with the rules herein
contained. (iii) For copies of a document or 251'. per 100 words
accounts of an estate or a subject to a minimum
29. Fees paid for services under section 10 to be part-payment certificate of an auditor. fees of Rs. 2 per
of fees of subsequent administration :—Where after an order document, account or
has been made under section 10 of the Act, letters of adminis- certificate.
tration are subsequently granted to the Administrator-General,
the fees charged by him under head "aT of the Schedule-V. (iv) For production of papers. Rupees 5 per day plus
books etc) in Courts. the travelling ex-
shall be deemed to be a part payment of the fees payable to the penses of a clerk if the
Administrator-General under head "(a)" of the said Schedule. books or papers are
required at a Court
30. Reduction of fees :—If in any case it appears to the Ad- other than the High
ministrator-General that the circumstances of an estate propo- Court at Delhi.
sed to be administered by him are, cr probably will be, such as to
render his duties in relation thereto simple or that payment of Provided that the Administrator-General may on closing the
the fees in full would ietult in hardship tothe heirs, legatees or accounts of an estate grant a copy of the accounts free of charge
creditors, having regard to the circumstances of the case, he may to an heir, legatee or any other person entitled to a share of the
remit any part (not exceeding one-half) of any prescribed fee; estate.
but in every such case the reasons for so doing shall be recorded
by him and a report of such cases, except where a remission is 36. Disposal of fees :—All fees realized by the Administrator-
allowed in charging the prescribed minimum fee, shad be sub- General under rule 35 shall be brought to account in the Commi-
mitted every half year to the Government, provided that no ssion Account Ledger inform No. 6 and credited by him in the
second report shall be made if the reasons for allowing remission Bankin the manner prescribed by theserules as soon as practic-
have not altered, and provided also that nothing contained in able after their receipt.
this rule shall affect the order of payment of the administration
fee and expenses.
37. Credit of funds tionsfbrred ander section 51 :—A II securities,
shares, debentures, stock and fixed deposits which are to be trans-
31. Remission of fees in cases tender sections 29 and 30 :— ferred unde the provisions of section 51 of the Act shall be con-
In the case of a certificate granted under section 29 or 30 of the verted into ready money and these and all other funds trans-
Act, the Administrator-General may. in cases of great hardship. ferred under the provisions of that section shall be paid to the
and where the assets do not exceed Rs. 1,000;-, remit all fees credit of the Government to the Bank and an intimation of such
(or a part thereof) payable under these rules, and in other cases payment with particulars thereof shall be forwarded to the Sec-
may remit any part not exceeding one-half of the prescribed fee, retary to Government in the Judicial Department. Where any
but in every such case he shall record his reason for so doing. such assets consist of immovable property the Administrator-
In considering the cases of hardship, the Administrator-General General shall make a special report of the matter to the Secre-
will have regard to eases of widows or dependents of Army, tary to the Government in the Judicial Department, and shall
Air Force and Navy personnel killed during war. await such orders as may be given by Government in respect
of such assets.
32. Composition of fee :—WIerc in the opinion of the Ad-
ministrator-General the income of any assets appertaining to an 38. Limit of cash balance :—The Administrator-General
estate is not liable to serious fluctuations, he may from time to shall not retain more than a sum of Rs.500 as permanent advance.
time agree with the person or persons entitled to such income, Any excess beyond that amount shall be credited as soon as
to accept, in lieu of the income fee payable in pursuance of Sche- practicable after its receipt to the public account of Union terri-
dule V, a fixed half-yearly fee of such amount as shall appear tory of Delhi.
to the Administrator General approximately equal to the average
income fee which, but for such agreement, would be payable
in respect of such income. A report of such cases shall be 39. Maintenance of CICCOUni at Local Treasury :—A detailed
submitted to the Government at the close of the year, but it account of the receipt and payments of the Administrator
shall not be necessary to report the same case more than once General shall be maintained at the local treasury in such form
unless the agreement for the composition of fees is varied. as the Accountant General Central Revenues may prescribe.
All receipts of the Administrator-General for credit
33. Method of payment of fees :—The Administator-General to the Public Account shall be remitted to the Bank, through
the local treasury, with a challan in the prescribed form. The
may agree to the payment by such instalments as shall seem to challan shall be presented to the Treasury Officer who shall
him just and reasonable of any fee payable to him under the record on the challan an order to the Bank to receive the money.
Act.
The money will then be taken to the Bank for credit into the
Public Account. When the Administrator-General requires
34. Procedure under section 48 :—For the purposes of sec- any money for payment, he shall present a cheque for the necess-
tion 48 of the Act, the Administrator-General shall act accor- ary amount at the local treasury. if the cheque is in order, the
ding to the prdcedure prescribed under the High Court Rules or Treasury Officer shall pass an order to the Bank for payment.
General Rules (Civil) and the fees prescribed thereunder. The cheque shall then be presented at the Bank for receipt of
the money.
35. Fees under section 49 :—(a) No person shall be entitled
to inspect the books or accounts of the Administrator-General 40. Safe custody of securities :—(1) All Government secu-
or make search for information in them or obtain copies of a rities, debentures and shares coming into the possession of the
document without first satisfying the Administrator-General Administrator-General shall, as soon as practicable, be lodged
that he is interested in the administration of the estates : in the bank for safe custody. All such securities of shares shall,
263 DGI72-3.
S08 DELHI GAZETTE EXTRAORDINARY [1); tn. V
as soon as practicable, be endorsed or transferred in the name (2) The cash balance standing to the credit of a separate
of the Administrator-General and earmarked to the estate to account which represents the income of any property and which
which they respectively belong. is payable by way of annuity to the person or persons entitled
thereto shall not be invested unless it can properly be treated
(2) All securities lodged under this rule may be withdrawn as dead assets and exceeds Rs. 1000j- in amount.
on requisition signed by the Administrator-General.
(3) An amount or property payable to a legatee by way of
41. Safe custody of valuables and documents :—There shall an annuity or to a person who by virtue of his being a minor
be maintained in the office of the Administrator-General a or a lunatic or otherwise is incapable of receiving payment may
room which shall be provided with iron safes for the safe cus- be transferred to the accounts of the Official Trustee, who shall
tody till they are sent to the Banks, of all cash, currency notes deal with it according to law.
and other securities and other assets, such as jewels, ornaments
and articles of like natures, and also title-deeds, wills and testa- An official note shall be considered an instrument in writing
ments and other documents belonging to the estates in his charge. for the purpose of such transfer.
All cash receipts of the Administrator-General shall be remitted
to the Bank for credit into Public Account in accordance with 49. Petty receipts of closed estate accounts :—The Adminis-
Rule 39. All jewels, ornaments and other articles of a like trator-General may transfer to a separate account, which shall
nature which are of any substantial value shall, as soon after their be styled "Miscellaneous Ledger", all small balances which,
receipt as practicable, be listed and valued by a competent when the accounts of an estate are closed are, owing to the
valuer to be selected by the Administrator-General and when smallness of the amounts, indivisible amongst the beneficiaries
this is done they shad be lodged immediately in the Bank for or creditors of the estate entitled thereto, and also any sum rece-
safe custody. ived as and by way of further assets of an estate after it has
been closed, and which, owing to the smallness of the amount,
42. Purchase and sale of Government Securities :—For is equally indivisible. Should any further assets be received to
purchasing securities the Administrator-General shall be the credit of an estate in which such a transfer has been made,
required to furnish the Bank, I hrough the local treasury, with a such further assets shall be transferred to this account unless the
eh Nue for an amount which will roughly cover the cost of such Administrator-General considers it possible to distribute such
purchases. The amount shall be held by the bank till such lime amounts further to persons entitled. On winding up of such
as a purchase is completed. Any surplus shall be intimated by estates or when such amounts are not distributable, the amounts
the bank to the Administrator-General and shall be credited to may be transferred to General Purposes Fund, should the
the Administrator-General's Account with the local treasury Administrator-General consider it so necessary.
on his furnishing the Bank with necessary challans duly prepar-
ed by him and passed by the Treasury Officer. 50. Destruction of papers:—The Administrator-General may,
during the course of the Administration of any estate in his hands,
The sale-proceeds of securities and companies' or Banks' destroy any papers which he has received and which he considers
hares and debentures, when realised by the Bank, shall be simi- to be of no value, and on the close of the administration of the
larly advised to the Administator-General and shall be credited estate may destroy the rest of the papers, photographs and other
in manner prescribed above. articles of no value which are not claimed by the beneficiaries,
next-of kin or any other persons entitled thereto or interested
43. Dividend warrants on shares :—Dividend warrants on therein.
shares in the custody of the Administrator-General when received
by him, shall be sent by him accompanied with Treasury chall- 51. Schedules :—The Administrator-General shall once in
ans duly prepared by him and passed by the Treasury Officer every year as soon after June, 30 and December 31 as possible
when they shall be credited to his account with the local treasul prepare schedules in the forms set forth in Schedule II to these
rules, which schedules shall be verified by the auditor; and on
44. Governance of Saying Bank and Fixed Deposit Accounts :— the same being passed by such auditors, the Administrator-
Savings Bank and Fixed Deposit Accounts shall continue to be General shall cease the said schedules to be printed by the
governed by the Bank's Saving Rank and Fixed Deposit Rules ,Government Press and shall forward two copies to the Secre-
in existence. tary of the Government of Delhi in the Judicial Department.
45. Accounts etc :—The Administrator-General shall have 52. Reports :—The Administrator-General shall also twice
the accounts, statements and records specified in Schedule in every year at the times aforesaid submit to the Government
I of these rules duly kept and maintained by his office establish- a report in the form set forth in Schedule 111 to these rules.
ment and for that purpose he will be provided with reasonable
staff. 53. Cost of Schedules and reports :—The Schedules, reports
and returns prescribed by rules 51 and 52 shall be prepared by
46. Receipts :—Every payment charged in the Adn)inistra, the establishment of the Administrator-General, and the costs
tor-General's general cash account shall be passed for payment thereof shall be debited to the general working expenses of the
under the initials of the Administrator-General, who shall, as office.
far as possible, obtain receipts for such payments.
47. Investments :—The Administrator-General may invest 54. Return affray :—The Administrator-General shall submit
to the Government at the close of the financial year, as soon
or retain invested money belonging to any estate in any invest- as possible, a statement showing all the fees and other income
ment authorized by the testamentary instrument or, unless ex- of the department paid to Government and all the expenses ,
pressly forbidden by such instrument, in any securities specified incurred and charges paid by the Government. This state-
in section 20 of the Indian Trust Act, 1882 (II of 1882), or with ment shall be termed the "Financial Statement" and shall be
the previous sanction of Government in such other securities, submitted through the Accounts Branch of the Administration
shares debentures or faxed deposits as may be considered safe and Judicial Department, who may verify the figures.
and beneficial to the estate.
48, Investment of cash balances :—(l) The financial statement of the Administrator-General may
Whenever any assets be combined with that of the Official Trustee of the Union
cannot be paid or delivered to a person entitled thereto because
such person has not claimed payment or delivery after receipt territory of Delhi so long as both the offices are amalgamated.
of notice or because the address of such person is not known,
such assets shall be transferred to the register of unclaimed assets. 55. Audit :—(1) (i) The accounts of the Administrator-
If not claimed within three years of the date of transfer, movable General shall be audited twice a year by the auditors of
property shall be sold and its sale-proceeds placed at the credit Examiners, Local Fund and/or Accountant General Central
of the account. Monies at the credit of the register of un- Revenues.
claimed assets. if the amount to or exceed Rs. 1000/-, shall be
invested in such securities as are expressly authorized by the (ii) The accounts of the Administrator-General in regard to
instrument under which the Administrator-General holds the estates under administration shall be balanced every half-year,
estate, or in any other securities specified in rule 47. viz., on June 30 and December 31.
1,,p,4VJ DELHI GAZETTE EXTRAORDINARY 509
(iii) The said accounts shall be examined by the auditors 58. Rules 14 or 23 not to. apply"to a whole-time Adminis-
who shall report thereon as provided by section 44 of the Act. trator-General :—Nothing in rule 14 or 23 shall apply to any
The Auditors shall examine the books specified in Schedule I, Administrator-General who has been appointed as a whole-time
Part I, and shall also have access to any other book or books salaried officer of the Government.
kept by the office which shall be necessary for or facilitate the
examination and auditing of the accounts of the Administrator- 59. Power to vary, modify or amend forms and rules
General. Notwithstanding anything in these rules and forms prescribed
(iv) Any person who is summoned under the Act by an thereunder, the Administrator-General may vary, modify or
auditor shall be entitled to be paid his travelling and other rea- amend such forms and rules for the purposes of the Act provided
sonable expenses, which upon being certified by the auditor that no amendment shall be made without the previous approval
shall be paid by the Administrator-General and debited to the of the Government.
estate concerned: •
60. Rules not to operate in derogation of the Act :—Nothing
Provided that noexpenses shall be incurred without first in the Rules shall operate in derogation of the powers, duties
ascertaining them, and provided also that if such expenses are and privileges of the Administrator-General under the Act.
likely to exceed Rs. 501- previous sanction of the Government
shall be necessary. Sanction of the Government is also neces- 61. AdministratoyGeneral to be Head of Office :—For the
sary together with art allotment of funds if the expenses under purposes of the Act and rules made thereunder, the Administra-
section 45 of the Act proposed to be incurred are in connection tor-General shall be the Head of Office and will have the status
with the accounts of a closed estate or an insolvent estate or an and privileges of an especialist Class I Officer of the Govern-
estate which has no sufficient funds. ment.
Provided that the Government may reduce the perccentage (2) General estate accounts ledgeffi—This book shall con-
or the amount of the audit fee on a particular estate or estates tain separate and distinct accounts of each estate and shall
in cases in which the audit has been unusually simple or may show in detail every transaction - whether in cash, securities
reduce or remit the audit fees where they would result in hard- or shares relating to each estate. (Form No. 2).
ship to the heirs, legatee or creditors having regard to the cir-
cumstances of the case which may be brought to the notice of (3) Register of unclaimed assets:—This book shall con-
the Government by the Administrator-General:
tain details of cash, shares, securities and other movable or
Provided further that nothing contained in this rule shall immovable property which has not been claimed by the person
effect the order of payment of administation expenses (which or persons entitled thereto and as such transferred to this register
include audit fee) under the provision of law. at the close of the administration. It shall also show how the
unclaimed assets have been disposed of. (Form No. 3).
56. Audit of accounts of business or Zamindari :—The Ad-
ministrator-General shall cause the local accounts of any busi- (4) Investment register:—This book shall contain particulars
ness, zamindari or agricultural or landed property of any estate of all shares and securities of whatsoever nature received or
in his charge, to be audited from time to time, either by char. purchased by the Administrator-General on account of each
tered accountants or with the previous approval of Government estate and specify where the document is kept. It shall also
by the auditors prescribed under section 43 of the Act as he show the date on which periodical interest or dividend is payable
may consider desirable. The whole of the expenses of such and the amount thereof together with the amounts and dates
audit which shall be settled before hand and shall be paid by the of interest or dividends realized during the course of adminis-
estate on the completion of the audit. tration and the manner in which the securities or shares have
been disposed of. (Form No. 4).
Such auditors shall be selected by the Administrator-General
unless the Government in any such case name the auditors (5) Miscellaneous ledger:—This ledger shall contain entries
who are to be employed. of all petty amounts transferred from General Estates Accounts
Ledger and other petty amounts received whether on account
57. Management of saminduri :—In order to secure efficient of postage stamps or other miscellaneous charges and petty
and economical management of any business, zamindari or payments made therefrom. (Form No. 5).
landed property of any estate under the charge of the Adminis-
trator-General, the cost of management of which are debitable (6) Commission account leilger:—This ledger shall contain
to the estates under the provisions of section 41 of the Act, particulars of all fees and commission realized by the Adminis-
it shall be open to the Administrator-General to employ a trator-General aiid paid to the Government. (Form No. 6).
General Manager, a supervisor or agent or such assistants for the
management thereof instead of employing separate managers, (7) Audit fee register:—This register shall contain the parti-
supervisors, agents and assistants in the case of each estate. culars of every audit fee claimed by the Audit Department
The salaries of the manager, supervisor, agent and assistants and The date on which it was paid by deposit into the treasury.
and other expenditure of such business, zamindari or landed (Form No. 7).
property, which is not incurred specifically on account of any
particular estate concerned, shall be rateably divided amongst (8) Receipt hook:- This book shall contain in a yearly consecu-
all the estates concerned in proportion to the amount of the tive series particulars of sums of money received by the Adminis-
annual collections of the various zamindaris, taking also into trator-General in cash or by cheques or drafts or in the form of
account the nature and the amount of work involved in the securities or shares. All entries in this book shall be initialled
management thereof. Each estate shall, however, be debited by the Administrator-General, and in the cases of cheques
with any particular expenditure solely and exclusively incurred on or drafts, the date of realization and the sum realized shall be
its account. The general expenditure shall be so regulated that filled in due course. (Form No. 8).
in no case shall any estate be debited with a larger sum than it
would ordinarily cost to manage it if the property belonging to (9) Advance register:—This register shall contain paniculars
it were placed under the management of its own separate of all advances made by the Administrator-General and how
staff. the same have been adjusted. (Form No. 9).
510 DELHI GAZETTE EXTRAORDINARY [PART TY
NOTE: All ledgers shall be posted up daily andclosed half- 2. Particulars of liabilities.
yearly on June 30 and December 31, and the balance, 3. Date of information.
if any, carried forward to new accounts.
4. From whom information receive
PART IT
5. To whom amount is due.
(11) Administration registem—This book shall contain the 6. Estimated amount of liabilities.
following information;—Date and place of death, date of grant,
names and addresses of the heirs and legatees, if the deceased 7. Date of payment.
left a will, particulars of the publication of notice prescribed
under rule 15 and the date on which the time expires and re- 8. -Amount paid.
ferences to the general estates accounts ledgers, investment
9. To whom paid.
register, register of reserved articles, register of immovable pro-
perty and assets book. This book shall also indicate the man- 10. Whether paid intuit or at what rate.
ner in which the accounts of an estate have been wound up.
(Form No. 11). II. Remarks. (Form No. 12).
Form No. 2
GENERAL ESTATE ACCOUNT LEDGER
Estate
Cr.
Dr.
Form No. 2A
GENERAL PURPOSES FUND
Form No. 3
REGISTER OF UNCLAIMED ASSETS
Est' te
Cr.
Value
Government Movable pro- Immovable Remarks
Date of Ledger num- To whom Particulars of Cash property
securities or perty
transfer ber and folio payable and assets
on what ac- shares
count
Value
Government Movable pro- Immovable Remarks
Date of Cash book To whom Particulars of Cash property
paid or deli- assets paid or securities or pony
disposal folio shares
vered delivered
Form No. 4
INVESTMENT REGISTER
Etat°
Form No. 5
MISCELLANEOUS LEDGER
- Form No. 6
COMMISSION ACCOUNT LEDGER
Ledger No. Name of estate from which Amount Remarks Remitted to treasury
Date
and folio realized alized
Date No. of challan Amount
Form No. 7
AUDIT FEE REGISTER
Ledger No. Name of estate from which Amount re- Remarks Remitted to treasury
Date
and folio realized alized
Date No. of challan Amount
Form No. 8
RECEIPT BOOK
For what From Particulars Cash Govern- Bank Initials' Entry in Cash
No. Date of Admi- folio book
estate whom ment Pro- shares
missory and nistrator- date
received
Notes other General
securities
Form No. 9
ADVANCE REGISTER
Estate
Form No. 10
DEMAND AND COLLECTION REGISTER OF RENTS
Et to
Demand Collection
SI. Con- Name
Particu- Current Arrear Total Date of No. of re- period of Amount Roans- Balance Remarks
No. netting and add- lars payment ceipt instalment • sion
reference ress of
tenant
Form No. II
6. Date and brief description of Will, if any.
ADMINISTRATION REGISTER 7. Particulars of the publication of notice, if any, for credit-
ors and heirs, etc.
Es la lo- 8. Date on which the period of notice expires.
9. Reference to General Estate Account Ledger.
1 Serial number
10. Reference to investment Register.
2. Full name and profession of the deceased.
11. Reference to Register of Reserved Articles.
3. Date and place of death.
12. Reference to Register of Immovable property.
4. Date of grant and number of letters of admini
OP Or 13. Reference to Assets Book.
Probate.
S. Names and addresses of heirs and legatees. 14. Brief remarks as to how the administration has been
wound up.
Form No. 12
ASSETS AND LIABILITIES REGISTER
Estate
Assets
Liabilities
Serial Particulars of Date of From
number liabilities To whom Estimated Date of Amount To whom Whether
informa- whom in- amount amount of payment paid Remarks
tion formation is due paid paid in full
liabilities
received or at what
rate
Form No. 13
REGISTER OF RESERVED ARTICLES
Estate-
Form No. 14
REGISTER OF IMMOVABLE PROPERTY
Estate
PARTICULARS OF ASSETS
Administrator-General, Administrator-General,
Union territory of Delhi Union territory of Delhi
SCHEDULE II
(See Rule 51)
FORM A
All administrations whereof the final balances have been paid to the persons entitled to the same, specifying the amounts of such
balances and the persons to whom paid, prepared from t 19
Payments
FORM B
All sums of moneys, bonds and other securities received by the Administrator-General on accotmt of estates of persons, not being
exempted persons, remaining under his charge, together with payments made thereout and the balances prepared from
19 .
Balances on 19 Accepts fr m 19
Estates Date of ad- Government Bank or other stock, Cash Government Bank or other stock, Cash
ministration securities as well as bonds or securities as well as bonds or
other securities, not To credit To debit other securities, not
being Government being Government
securities securities
Govern- Bank or other stock, Cash Govern- Bank or other Cash Govern- Bank or other
ment as well as bonds or Cash
ment stock, as well as ment stock, as well as-
securities other securities, not securities bonds or other securities bonds or other To credit To debt
being Government securities, not be- securities, not be-
securities ing Government ing Government
securities securities
FORM C
All sums of moneys, bonds and other securities received by the Administrator-General on account of estate of exempted persons,
remaining tinder his charge, together with payments made thereout and the balances prepared fr m
19.
Balances on 19 Receipts fr m 19
Estates Date of ad- Government Bank or other stock, To credit To debit Government Bank or other stock,
ministration Cash
securities as well as bonds or securities as well as bonds or
other securities, not other securities, not
being Government being Government
securities securities
Govern- Bank or other stock Cash Govern- Bank or other Cash Govern- Bank or other
ment as well as bonds or meat stock, as well as Cash
ment stock, as well as
securities other securities, not securities bonds or other
being Government securities bonds or other To credit To debit
securities, not be- securities, not be-
securities ing Government ing Government
securities securities
FORM D
Statement of balances in the hands of the Administrator-General of the Union territory of Delhi on set apart to meet the claims.
legacies or shares of persons whose whereabouts are not known or who have not claimed payment in spite of notice against the
estates named and which SUMS, securities, shares or other property have been so set apart to the Register of Unclaimed Assets in
those estates within three years from—
Estate Date of transfer For whom set ap- Cash Securities and Movable pro- Immovablepro-
art shares perry party
TART IV]
DELHI GAZETTE EXTRAORDINARY
-4— 515
_
FORM E
Statement of the cash, securities, shares and Unmovable property and ihe aggregate balances in the hands of the Administrator-
General of the Union territory of Delhi, on the
the admitted claims, legacies or shares of standing to the credit of various estates which have been set apart to meet
persons whose whereabouts are not known or who have not claimed payment in spite of
notice and which properties have been so set apart to the Register of Unclaimed Assets for a period of more than three years but
less than twelve years.
N.B—On the lapse of twelve years from the date of transfer to the Register of Unclaimed Assets, the properties will be transferred
to Government under section 51 of the Administrator-General's Act.
SCHEDULE III
(See Rule 52)
Report on estates dealt with durine the half-year ending 19.
(excludine estates previously included in reports)
SCHEDULE IV
(c) Fes payable in cases where the Administrator-General
(See Rule 15)
is in charge under an order made under section 10 of the Act—
NOTICE TO CLAIMANTS A fee of 3 per cent. on the value of the assets taken possess-
Est to ion of, collected, realized or sold with a minimum fee
deceased of Rs. 50.
The Administrator-General of the Union territory of Delhi (d) Fees payable in cases where the Administrator-General
hereby gives notice that he is administering in his official capacity has granted a certificate under section 29 or 30 of the Act—
the estate of late of
who died at on— (I) If the assets do not exceed Rs. 200, a fee of Rs. 5.
and that
all persons having claims against the said estate as creditors, (2) If the assets exceed Rs. 200 but do not exceed Rs. 400,
heirs, next-of-kins, legatees or in any other manner whatsoever, a fee of Rs. 10.
should prefer their claims to the said Administrator-General (3) If the assets exceed Rs. 400 but do not exceed Rs- 600,
on or before the
—after which date he will a fee of Rs. 15.
proceed to make payments to creditors and a distribution of
the surplus assets of the said estate amone such persons as may (4) If the assets exceed Rs. 600 but do not exceed Rs. 800,
be found entitled thereto. He will recognize in making such a fee of Rs. 20.
payments and distribution only such claims as shall have pre- (5) If the assets exceed Rs..800 but do
not exceed Rs. 1000,
viously been established to his satisfaction and admitted by a fee of Rs. 25.
him.
(6) If the assets exceed Rs. 1000 but
do not exceed
Rs. 10000 a fee of 24 per cent. on such amount
Administrator-General. (7) If the assets exceed Rs_ 10000 but do not exceed
Union territory of Delhi Rs. 15000. a fee of 3 per cent. on such amount.
Delhi: The —19
(e) Fees payable in cases where the Administrator-General
deals with an estate under sections 57 and 58 of the Act rat
SCHEDULE V fee of 3 per cent. under Army and Air Force (Disposal
(See Rule 24) of Private Property) Act, 1950 or the Navy Act 1957,
A fee of 64 per cent. on the gross value of assets taken pos- The fees payable and chargeable in respect of income realized
session of or realized. and dealt with in due course of administration shall be as follows:
(b) Fees payable in cases where the Administrator-General In respect of income, whether arising out of movable or
immovable property, a fee of 61 per cent. on all income
has taken charge of an estate under section 22. section 30. or as and when realized.
any other section of the Act—
A fee By Order,
of 61 per cent. on all assets taken possession of
or realized with a minimum fee of Rs. 50. H. P. BAGCHI
Deputy Secretary
PRINTED By THE MANAGER. GOVERNMENT OF INDIA PRESS. RING ROAD. NE
AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1972 DELHI