Governor-General in Council may appoint for the purpose. and there shall be attached thereto such officers and servants on such salaries or other remuneration as the GovernorGeneral in Council may determine.

(ii.) It shall not be lawful for any person to pay or accept payment of any enemy debt except in cases where recovery thereof in a Court of law is allowed as hereinafter provided, otherwise than through the Local Clearing Office established under this Order or the Clearing Office established for the purposes of the Treaty in the United Kingdom and no person interested in any such debt as debtor or creditor shall have any communications with any other person interested therein as creditor or debtor except through or by leave of either of such Offices. Any person contravening this provision shall on conviction be punished with imprisonment for a term which may extend to two years or with fine or with both:

Provided that

(a.) In the case of any Company contravening this provision, every director, manager, secretary or other officer of the Company who is knowingly a party to the transaction shall be deemed guilty of the offence.

(b.) A prosecution for such offence shall not be instituted except with the sanction of the Governor-General in Council.

(iii.) It shall not be lawful for any person to take proceedings in any Court for the recovery of any enemy debt except in the circumstances provided under paragraphs 16, 23 and 25 of the Annex to Section III of the Treaty.

(iv.) The Local Clearing Office shall have power to enforce the payment of any enemy debt against the person by whom the debt is due, together with such interest as is payable under paragraph 22 of the Annex to the said Section III, and for that purpose shall have all such rights and powers as if it were the creditor; and if the debt has been admitted by the debtor or the debt or amount thereof has been found by arbitration or by the Mixed Arbitral Tribunal or by a Court of law in manner provided by paragraph 16 of the Annex to the said Section III, the Local Clearing Office may certify the amount so admitted or found due, and on application by it, in the principal civil Court of original jurisdiction of the place in which the debtor resides, the certificate shall be filed in such Court and thereafter all proceedings may be taken thereon, as if the certificate were a decree obtained in that Court for the recovery of a debt of the amount specified in the certificate and signed on the date of such filing, and all reasonable costs and charges attendant upon the filing of such certificate shall be recoverable in like manner as if they were part of such decree.

(v.) It shall be lawful for the Local Clearing Office to recover from any person by whom a fine is payable under paragraph 10 of the Annex to the said Section III, the amount of such fine, and for this purpose the Controller may certify the amount of such fine and the person by whom it is due to the nearest Magistrate who shall have all power to recover the same as if it were a fine realisable under the Code of Criminal Procedure (Act V, 1898).

(vi.) It shall be lawful for the Local Clearing Office to deduct from any sum payable by such Clearing Office to a creditor such commission, not exceeding 24 per cent. of the amount payable, as may be fixed by the Clearing Office in the United Kingdom.

(vii.) If any creditor refuses or fails to give such notice or to furnish such documents or information as are mentioned in paragraph 5 of the Annex to the said Section III, he shall, on conviction before a Magistrate, be liable to a fine not exceeding 100 rupees.

(viii.) If any person collusively gives notice of or admits any debt which is not due, or furnishes any false information with respect to any debt, he shall, on conviction before a Magistrate, be punishable with imprisonment which may extend to three months, or with fine or with both.

(ix.) If His Majesty so agrees with any of the other Allied or Associated Powers the provisions of this Order, so far as they relate to enemy debts, shall apply to debts due to or from the nationals of that Power resident in any part of India as they apply to debts due to or from British nationals so resident.

(x.) Proceedings by and on behalf of the Local Clearing Office may be taken by and in the name of the Controller of the Local Clearing Office, who may by that name sue and be sued, and costs may be awarded to or against the Controller.

(xi.) Every document purporting to be an order or other instrument issued by the Local Clearing Office and to be signed by the Controller or other person authorised by him shall be received in evidence, and shall be deemed to be such order or instrument without further proof unless the contrary is shown.

(xii.) A certificate signed by the Controller that an order or other instrument purporting to be made or issued by the Local Clearing Office is so made or issued shall be conclusive evidence of the facts so certified.

(xiii.) The Controller shall be deemed to be a public officer and any documents forming part of the Acts or records of the Acts of the Controller shall be deemed to be public" documents for the purpose of Chapter V of the Indian Evidence Act.

(xiv.) All decisions of the Mixed Arbitral Tribunal constituted under Section VI of Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and conclusive and binding on all Courts.

(xv.) For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Tribunal, whether sitting in India or not, and compelling the production before the Tribunal of documents, a Secretary to the Government of India shall have power to issue orders which shall have the like effect as if the proceedings before the Tribunal were a suit in a Court and the order were a formal process issued by that Court in the due exercise of its jurisdiction, and disobedience to any such order shall be punishable under the Indian Penal Code.

(xvi.) All property, rights and interests within India belonging to German nationals at the date when the Treaty comes into force (not being property, rights or interests acquired under any general licence issued by or on behalf of His Majesty), and the net proceeds of their sale, liquidation or other dealings therewith, are hereby charged :

(a.) In the first place, with payment of the amounts due in respect of claims by British nationals in India with regard to their property, rights and interests, including companies and associations in which they are interested in German territory, and debts owing to them by German nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal, or by an arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 297, and with payment of claims growing out of acts committed by the German Government or by German authorities since the 31st day of July, and before the 4th day of August, 1914;

(b.) Secondly, with payment of the amounts due in respect of claims by British nationals in India with regard to their property, rights and interests in the territories of Austria-Hungary, Bulgaria and Turkey, in so far as those claims are not otherwise satisfied; and

(c.) Thirdly, with payment of amounts due in respect of claims and debts by any British nationals of the nature referred to in clauses (a) and (b):

Provided that any particular property, rights or interests so charged may, at any time, be released from the charge so created by order of the Governor-General in Council.

(xvii.) With a view to making effective and enforcing such charge as aforesaid:

(a.) No person shall, without the consent of the Custodian appointed for the area in which such person resides or carries on business, transfer, part with or otherwise deal in any property, right or interest subject to the charge.

Any person who contravenes this provision shall, on conviction before a Magistrate, be punished with imprisonment which may extend to three months, or with fine or with both;

(b.) Every person owning or having the control or management of any property, right or interest in India subject to the charge (including where the property, right or interest consists of shares, stocks or other securities issued by a company, municipal authority or other body, or any right or interest therein such company, authority or body) shall, unless particulars thereof have already been furnished to the Custodian in accordance with "The Indian Enemy Trading Acts, 1915, 1916," within one month from the date when this Order comes into operation by notice in writing communicate the fact to the Custodian appointed for the area in which such person resides or carries on business and shall furnish the Custodian with such particulars in relation thereto as the Custodian may require, and if any person fails to do so he shall on conviction before a Magistrate be liable to fine;

(c.) Where the property charged consists of inscribed or registered stock, shares or other securities, any company, municipal authority or other body by whom the securities were issued or are managed shall, on application being made by the Custodian appointed for the area in which such company, municipal authority or other body has its principal office, enter such Custodian in the books in which the securities are inscribed or registered as the proprietor of the securities subject to the charge, and such Custodian shall, subject to the consent of the Governor-General in Council, have power to sell or otherwise deal with the securities as proprietor of which he is so inscribed or registered;

(d.) The Governor-General in Council may by order vest in a Custodian any property, rights and interests subject to the charge, or the right to transfer the same, and for that purpose Section 7 of The Indian Enemy Trading Act, 1916," shall, in relation to German nationals, continue in force and shall apply as if such property, rights and interests were property belonging to an enemy or enemy subject;

(e.) If any person called upon to pay any money or to transfer or otherwise to deal with any property, rights or interests has reason to suspect that the same are subject to such charge as aforesaid, he shall before paying, transferring or dealing with the same report the matter to the Custodian appointed for the area in which such person resides or carries on business, and shall comply with any directions that the Custodian may give with respect thereto.

(xviii.) The time at which the period of prescription or

limitation of right of action referred to in Article 300 shall begin again to run shall be at the expiration of six months after the coming into force of the Treaty, and the period to be allowed within which presentation of negotiable instruments for acceptance or payment and notice of nonacceptance or non-payment or protest may be made under Article 301 shall be six months from the coming into force of the Treaty.

(xix.) Rules made during the war by any recognised Exchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy and any action taken thereunder are hereby confirmed subject to the provisos contained in paragraph 4 (a) of the Annex to Section V of Part X of the Treaty.

(xx.) There shall be imposed on rights of industrial, literary or artistic property (with the exception of trade marks) acquired before or during the war, or which may be acquired hereafter, by German nationals, such limitations, conditions or restrictions as the Governor-General in Council may prescribe, for the purpose, in the manner, in the circumstances, and subject to the limitations, contained in Article 306 of the Treaty, and any transfer in whole or in part or other dealing with any rights so acquired as aforesaid effected since the 1st day of August, 1914, shall if and so far as it is inconsistent with any limitations, conditions or restrictions so imposed be void and of no effect.

(xxi.) So far as may be necessary for the purpose of Article 307, The Indian Patents and Designs (Temporary Rules) Act, 1915" [except Section 2 of such Act] shall in relation to German nationals continue in force as if references therein to subjects of a State at war with His Majesty included references to German nationals.

(xxii.) The duly qualified Tribunal for the purposes of Article 310 of the Treaty shall be the Controller of Patents and Designs, appointed under "The Indian Patents and Designs Act, 1911."

(xxiii.) The notices to be given by creditors resident in India under paragraph 5 of the Annex to Section III of the Treaty shall be given, together with the particulars required by that clause, to the Controller of the Local Clearing Office. 2. For the purposes of this Order :

The expression "enemy debt" has the meaning assigned to it by paragraph 2 of the Annex to Section III of Part X of the Treaty, and includes any sum which under the Treaty is to be treated or dealt with in like manner as an enemy debt:

The expression "nationals" in relation to any State includes the subjects or citizens of that State and any company