(1) It f6r the prosecution of any suit, appeal or other legal proceeding by the Custodian in any court it is necessary to produce any document or other particulars and the said document or particulars are proved to the satisfaction of the court to have been removed to Portugal or to any of the territories under Portuguese control, it shall be lawful for the court, in disposing of the suit, appeal or other legal proceeding, to base its decree or decision on the books of account of the branches of the Banco Nacional Ultramarino in Goa, Daman and Diu and on the evidence which can be otherwise produced.
(2) Any suit, appeal or other legal proceeding may be instituted or filed by or against the Custodian at any time before the 1st day of April, 1963, if the period of limitation prescribed for such suit, appeal or other proceeding has expired not earlier than the appointed day and not later than the 31st day of December, 1962.
Special pro visions in relation to suits by or •gainst the Cuitodinn.
9. As from the date notified by the Custodian under sub-section
(1) of section 7, payments shall be made against the liabilities of the branches of the Banco Nacional Ultramarino that stand transferred to and vest in the Custodian under sub-section (1) of section 5 In accordance with the provisions of this Regulation, but the Custodian or any officer subordinate to him shall not be competent to receive at any of the said branches any fresh deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft order nr otherwise Provision for tke discharge Of liabilities.
10. On or after the date notified under sub-section (1) of section 7, the following liabilities of the branches of the Banco Nacional Ultramarino shall, subject to the directions, if any, issued by the Central Government in this behalf, be paid or discharged in full, namely: —
(i) all revenues, taxes, cesses and rates due from the said branches to the Central Government or to a local authority in Goa, Daman and Diu;
(if) all wages or salary (including wages payable for time or piece-work and salary earned wholly or in part by way of commission) of any employee;
(Hi) the amounts of any drafts, mail transfers, telegraphic transfers, cheques or pay orders issued by the said branches, the proceeds of any bills or cheques received by the said branches for collection before, on or after the appointed day and remaining unpaid;
Liabilities to be discharged in foil.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 343
(iv) the amounts of any drafts, mail transfers, telegraphic transfers, cheques or pay orders issued to or drawn on the said branches before, on or after the appointed day and remaining unpaid;
(v) any liabilities of the nature of trust liabilities other than those specified in clause (iii) or clause (iv);
(vi) all liabilities, including the liabilities on account of deposits, due to any person:
Provided that—
(a) no amount shall be payable under this section to a Portuguese national or to any person resident in any of the territories under Portuguese control unless such payment has been specifically authorised by the Central Government;
(b) no payment shall be made under this section to the Caixa Economica de Goa, or the Junta de Comercio Externo or any organisation which on the appointed day was financed wholly by the former Portuguese administration in India;
(c) if there is any doubt whether any liability is of the nature of a trust liability for the purposes of this Regulation, the Custodian shall refer the matter to the Reserve Bank, whose decision shall be final and binding on the parties concerned; and
(d) save as otherwise provided In section 13, no payment shall be made on account of any pension which, having been sanctioned, was payable immediately before the appointed day and was the liability of the Banco Nacional Ultramarino or the branches thereof in Goa, Daman and Diu or on account of any retirement benefit to any of the employees of the said bank or the said branches,
11. The liabilities, including deposit liabilities, which are not payable in accordance with the provisions of section 10 shall be readjusted in the manner indicated below, namely: —
(a) in respect of the Government, every person including the Calxa Economica de Goa and the Junta de Comercio Externo and every organisation financed wholly by the former Portuguese administration in India, there shall be opened a collection account into which shall be credited all the amounts due to the Government or such person or organisation, as the case may be, as on the appointed day;
(b) payment shall be made against the said accounts as and when the assets recoverable from the head office or other offices Discharge of other liabilities.
344 THE GAZETTE OF INDIA EXTRAORDINARY [PART II of the Banco Nacional Ultramarino or from the Portuguese Government are realised:
Provided that no payment shall be made under this section to a Portuguese national or to any person resident in any of the territories under Portuguese control, unless such payment has been specifically authorised by the Central Government or unless the assets recoverable from the head office or other offices of the Banco Nacional Ultramarino or from the Portuguese Government, as the case may be, have been recovered or realised in full:
Provided further that if the amounts available for payment at any time are not adequate, payments shall be made pro rata in respect of all the accounts for which payments are to be made.
12. The payments to be made under section 10 and the payments to be made from the collection accounts to be opened under section 11, and any other payments made by the Custodian shall be made at the Panjim branch of the Banco Nacional Ultramarino or any other branch specified in this behalf by the Custodian.
Payment to be made from specified branch.