THE ACTS

OF THE

GOVERNOR-GENERAL IN COUNCIL APPLICABLE TO THE PUNJAB.

ACT No. V of 1873.

(Passed on the 28th January 1873).

An Act to amend the Law relating to Government Savings Banks.

Whereas it is expedient to amend the law relating to the payment of deposits in Government Savings Banks; It is hereby enacted as follows:

Preamble.

Short title.

Local extent.

Preliminary.

1. This Act may be called "The Government Savings Banks Act, 1873":

It extends to the whole of British India.

2. Repealed by Act XII of 1873.

Interpretation clause. 3. In this Act

means a person by whom, or on whose behalf, money has been heretofore, or shall be hereafter, deposited in a Government Savings Banks, and "deposit means money so deposited:

"Secretary" includes every person empowered to manage a Government Savings Bank:

and "Minor" means a person who has not completed the age of eighteen years.

Deposits belonging to the Estates of deceased Persons.

Payment on death of depositor.

4. If a depositor dies, leaving in a Government Savings Bank a sum of money not exceeding one thousand rupees,

Payment to be a discharge.

and if probate of his will or letters of administration of his estate, or a certificate granted under Act No. XXVII of 1860 (for facilitating the collection of debts on successions, and for the security of parties paying debts to the representatives of deceased persons), is not produced to the Secretary of such Bank within three months of the death of the said depositor, the Secretary of such Bank may pay the said sum of money to any person appearing to him to be entitled to receive it, or to administer the estate of the deceased.

Saving of right of executor.

But nothing herein contained precludes any executor or administrator, or other representative of the deceased, from recovering from the person receiving the same the amount remaining in his hands after deducting the amount

of all debts or other demands lawfully paid or discharged by him in due course of administration.

5. Such payment shall be a full discharge from all further liability in respect of the money so paid:

Saving of right of credi tor.

And any creditor or claimant against the estate of the deceased may recover his debt or claim out of the money paid under this Act, or the said Act No XXVI of 1855, to any person, and remaining in his hands unadministered in the same manner and to the same extent as if the latter had obtained letters of administration of the estate of the deceased.

Security for due adminis tration.

6. The Secretary of any such Bank may take such security as he thinks necessary from any person to whom he pays any money under section four for the due administration of the money so paid,

and he may assign the said security to any person interested in such administration.

Power to administer oath.

7. For the purpose of ascertaining the right of the person claiming to be entitled as aforesaid, the Secretary of any such Bank may take evidence on oath or affirmation according to the law for the time being relating to oaths and affirmations.

Deposit when excluded in computing Court Fees.

Any person who, Penalty for false state

ment.

dred and ninety-three of the Indian Penal Code.

upon such oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of an offence under section one hun

8. Where the amount of the deposit belonging to the estate of a deceased depositor does not exceed one thousand rupees, such amount shall be excluded in computing the fee chargeable, under the Court Fees' Act, 1870, on the probate or letters of administration, or certificate, (if any), granted in respect of his property:

Provided that the person claiming such probate or letters or certificate shall exhibit to the Court authorised to grant the same a certificate of the amount of the deposit in any Government Savings Bank belonging to the estate of the deceased. Such certificate shall be signed by the Secretary of such Bank, and the Court shall receive it as evidence of the said amount.