Amendments To The Enemy Property Act, 1968

The Union Cabinet approved the proposal of Ministry of Home Affairs to introduce the Enemy Property (Amendment and Validation) Second Bill, 2010 to make amendments to the Enemy Property Act, 1968. The amendments, among other things, provide for the following :

• The enemy property shall continue to vest in the Custodian till it is divested by the Central Government;

• The enemy property could be divested only to the owner or his lawful heir;

• If the enemy property was divested from the Custodian before 2nd July, 2010, it shall stand transferred to and vest or continue to vest in the Custodian. If, however, the enemy property was divested from the Custodian by a valid order made under section 18 prior to 2nd July, 2010 or where the property had been returned to the owner or his lawful heir by an order of the court; and if the lawful heir is a citizen of India by birth, such enemy property will continue to remain with such person;

• The transfer of any enemy property shall not include any transfer or any claim of transfer made through oral will or oral gift or if it has been done without the permission of the competent authority;

• No court shall order divestment from the Custodian or direct the Central Government to divest enemy property;

• The Central Government is authorized to direct the Custodian to sell or dispose of enemy properties in such manner as may be prescribed;

• To amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to declare the Custodian, Deputy Custodian and Assistant Custodian of Enemy Properties as Estate Officer in respect of the enemy properties;

The amendments will have retrospective effect. The Union Cabinet approved the proposal of Ministry of Home Affairs to introduce the Enemy Property (Amendment and Validation) Second Bill, 2010 to make amendments to the Enemy Property Act, 1968. The amendments, among other things, provide for the following :

• The enemy property shall continue to vest in the Custodian till it is divested by the Central Government;

• The enemy property could be divested only to the owner or his lawful heir;

• If the enemy property was divested from the Custodian before 2nd July, 2010, it shall stand transferred to and vest or continue to vest in the Custodian. If, however, the enemy property was divested from the Custodian by a valid order made under section 18 prior to 2nd July, 2010 or where the property had been returned to the owner or his lawful heir by an order of the court; and if the lawful heir is a citizen of India by birth, such enemy property will continue to remain with such person;

• The transfer of any enemy property shall not include any transfer or any claim of transfer made through oral will or oral gift or if it has been done without the permission of the competent authority;

• No court shall order divestment from the Custodian or direct the Central Government to divest enemy property;

• The Central Government is authorized to direct the Custodian to sell or dispose of enemy properties in such manner as may be prescribed;

• To amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to declare the Custodian, Deputy Custodian and Assistant Custodian of Enemy Properties as Estate Officer in respect of the enemy properties;

The amendments will have retrospective effect.