Information
as to properties.
Duties &c.
It will be noted that the Custodian has also the power in certain cases to relinquish custody.
Thus the Custodian is safeguarded against being compelled to "bite off more than he can chew". A limited amount of pretection done well is better than a lot taken on and done ideffectively.
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7. Bearing in mind the foregoing, the Custodian will first have to find out what properties might come within his purview.
He will have to establish liaison with the police officers in charge of districts,sanitary officers and others whose duties inform them of property conditions,e.g.the Assessor. The Custodian's own staff is not likely to be big enough for him to be able to arrange any system of general inspection of property, though he may be able to tackle the more important central business area.
Having received information as to a property apparently needing protection, he will consider the position in relation to ownership or representation and whether the condition of the property warrants the expenditure which will necessarily be involved by any attempt to preserve it.
Inspection will be called for and for this the equivalent of the P.W.D. may be able to help.
If the property is beyond preservation without disproportion- ate expense,he will refuse custodianship and list the property and report as required by rules made under the Froclaration. If he accepts custodianship, the Custodian will have to consider what steps he can take to make this effective,e.g.by installing a caretaker or watchman pending finding a tenant.
If staff or other circumstances preclude effective protection, then again the property must be listed as custodian- ship refused.
Once custodianship is accepted, the Custodian's general functions and duties are those prescribed by the Proclamation and rules thereunder.
811) Apart from the general duty of preservation explicit in the Proclamation (as to which see the prefatory recital and the intent as expressed in the final words of section 8), provision is made (section 15) for the keeping of records and accounts and the duties in this respect are amplified by the rules.
The rules call for a standardised form of record of properties and for such records and the appropriate accounts to be open to inspection by interested parties.
To ensure publicity the rules provide for the publication in the Gazette of all properties in respect of which custodian- ship is assumed. Similar publication, coupled with notice to the owner, is required where the Custodian relinquished custody.
It will possibly be found desirable to publish lists of those properties in respect of which the Custodian declines ab initio to take any action.
(2) Only when he is satisfied that all vacant and unprotected property has been safeguarded will it be justifiable for the Custodian to expend effort in trying to ascertain what properties are in the hands of people who have no true claim to be in possession or to represent the owner. Some such properties may be disclosed by declarations which will have to be made to the Land Officer under a proposed Leaseholds Proclamation,so there should be liaison with the Land Officer.
When a prima facie case of this type is established, the Custodian can pursue enquiries using his powers of interrogat- ion under the Proclamation.
If lack of title or interest is proved, the position must be regularised and it might well be in the best interest of the owner to keep the interloper in possession as tenant.
The Custodian will probably be far too busy to spend much time on investigating this type of property and it must take a very secondary position,
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