Topic: sec 10. Powers and duties of the Custodian generally

(1) Subject to the provisions of any rules that may be made in this behalf, the Custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto.

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may, for any of the purposes aforesaid-

(a) Carry on the business of the evacuee;

(b) Appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorize the manager to exercise any of the powers of the Custodian under this section:

(c) Enter, or authorize any other person to enter, any land or premises to inspect any evacuee property;

(d) Take all such measures as may be necessary to keep any evacuee property in good repair;

(e) Complete any building which has vested in him and which requires to be completed

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(i) Take such action as may be necessary for the recovery of any debt due to the evacuee;

(j) Institute, defend or continue any legal proceeding in any civil or revenue Court on behalf of the evacuee or refer any dispute between the evacuee and any other person to arbitration or compromise any claims, debts or liabilities on behalf of the evacuee

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(I) In any case where the evacuee property which has vested in the Custodian consists of a share or shares in a company, exercise, notwithstanding anything to the contrary contained in the Indian Companies Act, 191.3 (7 of 1913), 3 or in the articles of association of the company, the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the Court under the provisions of the Indian Companies Act, 1913, 3 or the articles of association of the company or in any other matter as the evacuee shareholder himself could have done had he been present, although the name of the Custodian does not appear in the register of members of the company;

4[(II In any case where the evacuee property which has vested in the Custodian consists of 51 per cent. or more of the shares in a company, the Custodian may take charge of the management of the whole affairs of the company and exercise, in addition to any of the powers vested in him under this Act, all or any of the powers of the directors of the company, notwithstanding that the registered office of such company is situate in any part of the territories to which the Act extends, and notwithstanding anything to the contrary contained in this Act or the Indian Companies Act, 1913 (7 of 1913),3 or in the articles of association of the company :

Provided that the Custodian shall not take charge of such management of the company except with the previous approval of the Central Government,

(m) Incur any expenditure, including the payment of taxes, duties, cesses and rates to Government or to any local authority 5[* * * *],

(n) Pay to the evacuee, or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto, any sums of money out of the funds in his possession;

(o) Transfer in any manner whatsover any evacuee property notwithstanding anything to the contrary contained in any law or agreement relating thereto:

Provided that the Custodian shall not sell any immoveable property, any business, or other under-taking of the evacuee, except with the previous approval of the Custodian-General;

6[(p) Acquire any non-evacuee interest in evacuee property, whether by way of purchase or otherwise:

Provided that no such acquisition shall be made except with the previous approval of the Custodian-General;]

(q) Delegate, by general or special order, all or any of his functions under this Act to such officers or persons as he thinks fit;
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