ཡ
(a) an order (hereafter in this section referred to as a “restriction order") prohibiting the carrying on the business either absolutely or except for such purposes and subject to such conditions as may be specified in the order; or
(b) an order (bereafter in this section referred to as a "winding up order') requiring the business to be wound up, and the making of a restriction order as respects any business shall not prejudice the power of the Governor, if he thinks it expedient so to do, at any subsequent date to make a winding up order as respects that business.
(2) The provisions of the Alien Enemies (Winding Up) Ordinance, 1914, so far as they are applicable, shall apply to any winding up under this section.
Amendment of the Trading with the Enemy Ordinance, 1914, made by the Trading with the Enemy Ordinance, 1914, Amendment Regulations, 1941.
1. Section 4 of the Trading with the Enemy Ordinance, 1914, as amended by Government Notification No. 1104 of 2nd October, 1940, is further amended by the substitution, in the third, fourth and fifth lines of paragraph (ii) of the proviso, to sub-section (3) thereof, of the words "had already been performed when the payment was received, and had been performed at a time when the person from whom the payment was received was not an enemy" for the words "had been performed before the commencement of the war by reason of which the person from whom the payment was received became an enemy".
2. Section 6 of the Trading with the Enemy Ordinance, 1914, is amended by the substitution, in the seventh and eighth lines of the proviso to sub-section (3) thereof, of the wards a court having jurisdiction in enemy territory" for the words "a court of a state at war with His Majesty''.
5
(c) of the amount of the claims of persons who are enemies to participate, otherwise than as creditors of the business, in any distribution of assets of the business;
and, where such an estimate is made, the said liabilities and claims shall, for the purposes of this section, be deemed to have been satisfied out of the said assets of the business in enemy ter- ritory, or to have been satisfied thereout so far as those assets will go, and only the balance (if any) shall rank for satisfaction out of the other assets of the business.
(136) Where an estimate has been prepared under sub-section (13A), a certificate of the liquidator as to the value or amount of any assets, claims or liabilities to which the estimate relates shall be con- clusive for the purpose of determining the amount of the assets of the business available for discharging the other liabilities of the business and for distribu- tion amongst other persons claiming to be interested in the business :
Provided that nothing in this sub-section shall affect the rights of creditors of, and other persons interested in, the business against the assets of the business in enemy territory.
2. The Alien Enemies (Winding Up) Ordinance, 1914,
is amended by the insertion immediately after section 26 thereof of the following section---
liquidason.
26A. The Governor may, on an application made by Release of a liquidator appointed under this Ordinance, after considering the application and any objections which may be made by any person who appears to him to be interested, by order grant the liquidator a release, and an order of the Governor under this section shall discharge the liquidator from all liability in respect of any act done or default made by him in the exercise and performance of his powers and duties as liquidator; but any such order may be revoked by the Governor on proof that it was obtained by fraud or by suppression or concealment of any material fact.
Amendment of the Alien Enemies (Winding Up) Or- dinance, 1914, made by the Alien Enemies (Winding Up) Ordinance, 1914, Amendment Regulations, 1940.
1. Section 5 of the Alien Enemies (Winding Up) Or- dinance, 1914, is amended by the insertion of the following sub-sections immediately after sub-section (13) thereof—
(18A) Where any business for which a liquidator has been appointed under this section has assets in enemy territory, the liquidator shall, if in his opinion it is practicable so to do, cause an estimate to be pre- pared-
(a) of the value of those assets;
(b) of the amount of any liabilities of the business to creditors, whether secured or unsecured, who ure enemies;
Amendment of the Volunteer Ordinance, 1983, made by Regulation published as Government Notification No. 659 of 1940.
Section 15(1)(1) of the Volunteer Ordinance, 1933, is amended by the addition of the following words at the end thereof
The Commandant, without proceeding to discharge the volunteer as aforesaid, may if 'be thinks fit reprimand him or require him to undergo extra drills, fatigues or suitable training by way of punishment for neglect of duty or mis- conduct. Any refusal or failure of the volunteer to undergo such punishment shall be deemed an obstruction within the meaning of section 28.