Section 0

(2) Enemies O~dinanoe, 1914, as in force by virtue of of section Ordinai~cc 3 seetion d of tlie Emergency Legislation< Continuance v~ of 1914 aa Act, 1916, shall be read and construed as if after r e - ~ ~ I U C A C ~ I I of bed 1916. by by the word contravenes " the words " attempts, or directly or indirectly offers, proposes or agrees, or has, since the 14th day of October, 1914, attempted or directly or indirectly offered, proposed or agreed, to do any act in csontravention of," were inserted. v 1 ~ f ~ ~ ~ 4 , I 19]5. Short title, extent . and durati `OR.` Emmy Tq*ccdiryg. [ACT `HLB` 88 2, I n this Act,- " custodian " means a custodian of enemy propesty appointed under this Act ; Definition#. Enemy Trading Proclamation " means any Proclamation or Order in Council of His Majesty for the tiine being in force, relating to trading, commercial intercourse or other dealings with subjects of States at war with His Majesty ; " foreigner " has the same meaning as in the Foreigners Act, 1864 ; 111 of 186 " prescribed" means prescribed by rules made under this Act. 3, ( I ) The Governor General in Council shall ~onstitotion of the office of custodirtu of elleuly property. of the office of custodirtu appoint so many persons, as he thinks fit, to act as custodians for the whole or any part of British India for the purpose of receiving, holding and dealing with sucli money as may be paid to them in pursuance of this Act. - (2) (2) Where, before the commencement of this Act, any sixh sum has been paid into any account with a bank, or has been paid to any other person in trust, the bank or other person rnay pay the same to the . custodian to hold as aforesaid. (3) on . `OF 1915.'J` Pnemy Tvading. (3) On such payment the bank or other person shall be exempt from all liability in respect of such payment. 5. Whero, by or under any enactment for the Pomortaprty time being in force relating to foreigners, any person [to custodian ] sums, the I-e- is absolutely prohibited from carrying on, or engaging ceiptof which in, any trade or business, or from receiving any is under prohibited enact- money, any su.m payable to, or for the benefit of, such ment~ relating person in the way of his trade or business, or any such to foreigners. money may, subject to the provisions of section 7, be paid by the person by whoin it, is payable, to the custodian to hold subject to the provisions of this Act. `6,` Any person paying money to a custodian under Psrticulars of the provisions of section 4 or section `5` shall, at the [payment to ] be furnished same time, furnish such particulars in regard to the to custodian. payment as the custodian, subject to any rules prescribed in this behalf, may require ; until such particulars have been furnished to the satisfaction of the custodian, the custodian shall not grant a receipt for such money. (2) be furnished 7, (1) 'Che custodian may refuse to receive any Powerto money on t.he ground that it is not money to which [refuse pay- ] ments, and the foregoing provisions of this Act apply or, with the decide sanction of the Local Government, for any other ment is one[[whether pay- ]] reason. to which the ments, and `to` decide ment is one[[whether pay- ]] to which the Act applies. (2) (2) In the event of any question arising as to whether any money is money to which the foregoing provisions of this Act apply, t!le decision of the custodian on the question shall be final. 8. Where any money is paid to a custodian under custodian Receipt of `to` `tb` the foregoing provisions of this Act, the receipt of such be good custodian, or any person duly authorised by hiv to discharge. sign receipts on his behalf for any' such money, shall be a good discharge to tho person paying the same, as against the person in respect 6f whom the money was paid to the custodian. 9, (.I) The custodian shall hold and deal with any Holding `of` Goneg paid to him under this Act in accordanoe with money custodim, custodim, `br` money custodim, custodim, `br` such such directions as he may receive from the Governor General in Council. (2) (2) Money held by the custodian under this Act shall not, save as inay be otherwiuo prescribed, bc liable to be attached or otherwise taken in execution of a decree. (3) The custodian shall keep a register of all moncy held by him under this Act, which regimter shall be open to public inspection at such reasonable times as he may direct. `10,` No suit or other proceeding shall lie against a custodian for anything dono, or intended to be done, in good faith under this Act or any rule made thereunder. custodians. Protection of `11.` (1) The Governor General in Cou!zcil may, by notification in the Gazette of India, rna'ke rules for carrying into effect the provisions of this Act. ~ d e - m a k i t ~ g Power. (2) (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the powers ancl duties of custodians ; (6) the particulars to be furnished to custodians by persons making payments to them ; and (c) the payment of moncy in the hands of the custodian in satisfaction of decrees and debts. (3) All rules made under this section shall hcve effect as if enacted in this Act. `12,` The Governor General in Council may, by Power to ex- `12,` The Governor General in Council may, by sione of Act provim notificittion in the Gazette of India, direct that tho toother pro- ~rovisions of section 4 of this Act, enabling certain ments. hibited pay- moneys to be paid to custodians, shall apply to any payments, the making of which is prohibited by or under any Enemy Trading P~oclarnation and which are not provided for b that section ; ancl upon such notification, the Act s `3;` all be reacl and construed as if such payments had been included in section `4.` 13. (1) a'hc 91 . `OF` 1915.3 -2herny D*acli.ng. (2) `13.` (1) The Governor General in Council may, power to ex- by order in writing, direct that any money which is in, ~ ~ , " , " s ~ ~ ~ t or may come into, the hands of any public officer by to sums `in` of or under the provisions of any enactment for the time[the ] public [h ~ n d s ] officora being in force, relating t o foreigners,. ~11311 be paid by U I I ~ C ~ cnact~nouts relating such oEcer to such custodian as may be specified in t o foreigners. the order. (2) (2) Any money paid to a custodian, in accordance wit11 t l ~ e provisions of sub-section (I), shall be deemed to be money paid to thc custodian in pursuance of this Act, and the provisions of this Act shall apply accordingly. `14.` (1) The Governor General in Council may, $;;Fogg by order in writing, prohibit or restrict any persol1 payments to or class of persons from carrying on trade or business ;;:$.for- with, or transferring any property, moveable or immoveable to, any pers6n or class of persons in respect of whom any restriction has been imposed by or under any enactment for the time being in force relating to foreigners. (2) Any person who contravenes or attempts to cpntravepe tlhe provisions of any order made under sub-section (I) shall be punishable with the punish- @ant provided for an offence under section 4 of the Foreigners Ordinance, 1914. III of 1914. (3) The Governor General in Council may, by notification in the Gaette of India, delegate to any &ocal Government, subject to such restrictions and conditions as he thinks fit, all or any of tlle powers conferred upon bin1 by this section. `15,` Section 3 of the Commercial I ~ ~ ~ T C O U S S ~ with with Amendment of section Ordinai~cc 3 of 1914 aa r e - ~ ~ I U C A C ~ I I of bed 1916. by by