Power to
refuse to take
into custody &c.
Relinquishment of custody
Power to call for particulars
Delegation of authority
4
-
32
it
to carry on, either directly or indirectly, any trade, business or other undertaking whatsoever which may hereto- fore have been carried on in any premises taken into his custody or brought under his supervision or control; being the intent of this Proclamation that the Custodian should use his best endeavours to preserve and care for such premises and, where the interest of the owner so requires, dispose of the same for the benefit of the owner.
9. (1) Notwithstanding anything contained in this Proclamation, the Custodian may, in his absolute discretion, decline to take into his custody or bring under his supervision or control any properties to which paragraphs (b) and (c) of section 7 of this Proclamation would apply and in particular may do so
(a) where the condition of the property is such, by
reason of war or other damage or by dilapidation, that, in the opinion of the Custodian, he would be unable to adopt any effective measures for its protection or preservation; or
(b) where any part of the property consists or lands or
tenements of any tenure burdened with onerous covenants, of shares or stock of companies, of unprofitable contracts; or of any other property that is unsaleable, or not readily saleable, by reason of its binding the possessor thereof to the performance of any onerous act or to the payment of any sum of money.
(2) The Custodian may, in his absolute discretion, within two months after taking into his custody or bringing under his supervision or control of any property to which paragraphs (b), (c) and (d) of section 7 of this Proclamation applies and notwithstanding the exercise by him in relation thereto of any of his powers as Custodian, relinquish custody of such property or any part thereof or cease to hold the same under his supervision or control.
(3) In every case in which the Custodian acts in accordance with the provisions of sub-sections (1) and (2) of this section he shall give notice of his decision in that behalf to the owner of the property, provided that such owner and his whereabouts are known.
(4) Where the Custodian acts in accordance with the provisions of sub-sections (1) and (2) of this section, such action shall discharge him from all liability whatsoever in respect of the property concerned but shall not affect the rights or liabilities of any other person in respect thereof.
10. Without derogation from and in addition to any other powers contained in this Proclamation or conferred by any enactment, the Custodian may by notice in writing require any person whom he may believe to have information with regard to any property to furnish particulars, returns, accounts and any other information which he may require and to attend before him to answer upon oath or otherwise any question in relation to such property or any dealing there- with or transaction or matter relating thereto and to produce any documents of title, books of account, records or other documents relating thereto.
11. Subject to any directions which may be given by the Chief Civil Affairs Officer, the Custodian may delegate all or any of his powers or functions to any officer appointed to be an Assistant Custodian or other person appointed for the purpose of carrying out the provisions of this Proclamation.