1. (1) This Act may be called the Enemy Property (Amendment and Validation) Act,
2017.
(2) Save as otherwise provided in this Act, it shall be deemed to have come into force
on the 7th day of January, 2016.
2. On and from the date of commencement of the Enemy Property Act, 1968 (hereinafter
referred to as the principal Act), in section 2,—
(i) in clause (b),—
(I) for the words "an enemy subject", the words "an enemy subject
including his legal heir and successor whether or not a citizen of India or the
citizen of a country which is not an enemy or the enemy, enemy subject or his
legal heir and successor who has changed his nationality" shall be substituted
and shall always be deemed to have been substituted;
Amendment
of section 2.
EXTRAORDINARY
PART II — Section 1
PUBLISHED BY AUTHORITY
No. 3] NEW DELHI, TUESDAY, MARCH 14, 2017/PHALGUNA 23, 1938 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
REGISTERED NO. DL—(N)04/0007/2003—17
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 14th March, 2017/Phalguna 23, 1938 (Saka)
The following Act of Parliament received the assent of the President on the
14th March, 2017 and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(II) for the words "an enemy firm", the words "an enemy firm, including
its succeeding firm whether or not partners or members of such succeeding firm
are citizen of India or the citizen of a country which is not an enemy or such firm
which has changed its nationality" shall be substituted and shall always be
deemed to have been substituted;
(III) for the words "does not include a citizen of India", the words "does
not include a citizen of India other than those citizens of India, being the legal
heir and successor of the "enemy" or "enemy subject" or "enemy firm" shall be
substituted and shall always be deemed to have been substituted;
(IV) the following Explanations shall be inserted and shall always be
deemed to have been inserted at the end, namely:—
'Explanation 1.—For the purposes of this clause, the expression
"does not include a citizen of India" shall exclude and shall always be
deemed to have been excluded those citizens of India, who are or have
been the legal heir and successor of an "enemy" or an "enemy subject"
or an "enemy firm" which or who has ceased to be an enemy due to
death, extinction, winding up of business or change of nationality or that
the legal heir and successor is a citizen of India or the citizen of a country
which is not an enemy.
Explanation 2.—For the purposes of this clause, it is hereby clarified
that nothing contained in this Act shall affect any right of the legal heir
and successor referred to in this clause (not being inconsistent to the
provisions of this Act) which have been conferred upon him under any
other law for the time being in force.';
(ii) in clause (c), in the proviso,—
(I) after the words "dies in the territories to which this Act extends",
the words "or dies in any territory outside India" shall be inserted and
shall always be deemed to have been inserted;
(II) the following Explanations shall be inserted and shall always
be deemed to have been inserted at the end, namely:—
'Explanation 1.— For the purposes of this clause, it is
hereby clarified that "enemy property" shall, notwithstanding
that the enemy or the enemy subject or the enemy firm has
ceased to be an enemy due to death, extinction, winding up
of business or change of nationality or that the legal heir and
successor is a citizen of India or the citizen of a country
which is not an enemy, continue and always be deemed to be
continued as an enemy property.
Explanation 2.—For the purposes of this clause, the
expression "enemy property" shall mean and include and
shall be deemed to have always meant and included all rights,
titles and interest in, or any benefit arising out of, such
property.'.
3. On and from the date of commencement of the principal Act, in section 5, after
sub-section (2), the following shall be inserted, and shall always be deemed to have been
inserted, namely:—
'(3) The enemy property vested in the Custodian shall, notwithstanding that
the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to
death, extinction, winding up of business or change of nationality or that the legal
heir and successor is a citizen of India or the citizen of a country which is not an
enemy, continue to remain, save as otherwise provided in this Act, vested in the
Custodian.
Amendment of
section 5.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
Explanation.—For the purposes of this sub-section, "enemy property vested
in the Custodian" shall include and shall always be deemed to have been included all
rights, titles, and interest in, or any benefit arising out of, such property vested in him
under this Act.'.
4. After section 5 of the principal Act, the following section shall be inserted,
namely:—
"5A. The Custodian may, after making such inquiry as he deems necessary, by
order, declare that the property of the enemy or the enemy subject or the enemy firm
described in the order, vests in him under this Act and issue a certificate to this effect
and such certificate shall be the evidence of the facts stated therein.".
5. On and from the date of commencement of the principal Act, after section 5A (as so
inserted by section 4 of this Act), the following shall be inserted and shall always be
deemed to have been inserted, namely:—
'5B. Nothing contained in any law for the time being in force relating to
succession or any custom or usage governing succession of property shall apply in
relation to the enemy property under this Act and no person (including his legal heir
and successor) shall have any right and shall be deemed not to have any right
(including all rights, titles and interests or any benefit arising out of such property) in
relation to such enemy property.
Explanation.—For the purposes of this section, the expressions "custom" and
"usage" signify any rule which, having been continuously and uniformly observed
for a long time, has obtained the force of law in the matters of succession of property.'.
6. On and from the date of commencement of the principal Act, for section 6 of the
principal Act, the following section shall be substituted and shall always be deemed to have
been substituted, namely:—
"6. (1) No enemy or enemy subject or enemy firm shall have any right and shall
never be deemed to have any right to transfer any property vested in the Custodian
under this Act, whether before or after the commencement of this Act and any transfer
of such property shall be void and shall always be deemed to have been void.
(2) Where any property vested in the Custodian under this Act had been
transferred, before the commencement of the Enemy Property (Amendment and
Validation) Act, 2017, by an enemy or enemy subject or enemy firm and such transfer
has been declared, by an order, made by the Central Government, to be void, and the
property had been vested or deemed to have been vested in the Custodian [by virtue
of the said order made under section 6, as it stood before its substitution by section 6
of the Enemy Property (Amendment and Validation) Act, 2017] such property shall,
notwithstanding anything contained in any judgment, decree or order of any court,
tribunal or other authority, continue to vest or be deemed to have been vested in the
Custodian and no person (including an enemy or enemy subject or enemy firm) shall
have any right or deemed to have any right (including all rights, titles and interests or
any benefit arising out of such property) over the said property vested or deemed to
have been vested in the Custodian.".
7. In section 8 of the principal Act,—
(i) on and from the date of commencement of the principal Act, for sub-section (1),
the following sub-section shall be substituted and shall always be deemed to have
been substituted, namely:—
"(1) With respect to the property vested in the Custodian under this Act,
the Custodian may take or authorise the taking of such measures as he considers
necessary or expedient for preserving such property till it is disposed of in
accordance with the provisions of this Act.";
Insertion of
new section
5A.
Issue of
certificate by
Custodian.
Insertion of
new section
5B.
Law of
succession or
any custom or
usage not to
apply to
enemy
property.
Amendment
of section 6.
Prohibition to
transfer any
property
vested in
Custodian by
an enemy,
enemy subject
or enemy
firm.
Amendment
of section 8.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(ii) in sub-section (2),—
(a) after clause (i), the following clause shall be inserted, namely:—
“(ia) fix and collect the rent, standard rent, lease rent, licence fee or
usage charges, as the case may be, in respect of enemy property;’’;
(b) after clause (iv), the following clause shall be inserted, namely:—
"(iva) secure vacant possession of the enemy property by evicting
the unauthorised or illegal occupant or trespasser and remove
unauthorised or illegal constructions, if any.’’.
8. After section 8 of the principal Act, the following section shall be inserted,
namely:—
"8A. (1) Notwithstanding anything contained in any judgment, decree or order
of any court, tribunal or other authority or any law for the time being in force, the
Custodian may, within such time as may be specified by the Central Government in
this behalf, dispose of whether by sale or otherwise, as the case may be, with prior
approval of the Central Government, by general or special order, enemy properties
vested in him immediately before the date of commencement of the Enemy Property
(Amendment and Validation) Act, 2017 in accordance with the provisions of this Act,
as amended by the Enemy Property (Amendment and Validation) Act, 2017.
(2) The Custodian may, for the purpose of disposal of enemy property under
sub-section (1), make requisition of the services of any police officer to assist him
and it shall be the duty of such officer to comply with such requisition.
(3) The Custodian shall, on disposal of enemy property under sub-section (1)
immediately deposit the sale proceeds into the Consolidated Fund of India and intimate
details thereof to the Central Government.
(4) The Custodian shall send a report to the Central Government at such intervals,
as it may specify, for the enemy properties disposed of under sub-section (1),
containing such details, (including the price for which such property has been sold
and the particulars of the buyer to whom the properties have been sold or disposed of
and the details of the proceeds of sale or disposal deposited into the Consolidated
Fund of India) as it may specify.
(5) The Central Government may, by general or special order, issue such
directions to the Custodian on the matters relating to disposal of enemy property
under sub-section (1) and such directions shall be binding upon the Custodian and
the buyer of the enemy properties referred to in that sub-section and other persons
connected to such sale or disposal.
(6) The Central Government may, by general or special order, make such
guidelines for disposal of enemy property under sub-section (1).
(7) Notwithstanding anything contained in this section, the Central Government
may direct that disposal of enemy property under sub-section (1) shall be made by
any other authority or Ministry or Department instead of Custodian and in that case
all the provisions of this section shall apply to such authority or Ministry or
Department in respect of disposal of enemy property under sub-section (1).
(8) Notwithstanding anything contained in sub-sections (1) to (7), the Central
Government may deal with or utilise the enemy property in such manner as it may
deem fit.".
9. After section 10 of the principal Act, the following section shall be inserted,
namely:—
"10A. (1) Where the Custodian proposes to sell any enemy immovable property
vested in him, to any person, he may on receipt of the sale proceeds of such property,
issue a certificate of sale in favour of such person and such certificate of sale shall,
Sale of
property by
Custodian.
Insertion of
new section
8A.
Insertion of new
section 10A.
Power to issue
certificate of
sale.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
notwithstanding the fact that the original title deeds of the property have not been
handed over to the transferee, be valid and conclusive proof of ownership of such
property by such person.
(2) Notwithstanding anything contained in any law for the time being in force,
the certificate of sale, referred to in sub-section (1), issued by the Custodian shall be
a valid instrument for the registration of the property in favour of the transferee and
the registration in respect of enemy property for which such certificate of sale had
been issued by the Custodian, shall not be refused on the ground of lack of original
title deeds in respect of such property or for any such other reason.".
10. In section 11 of the principal Act, after sub-section (2), the following sub-section
shall be inserted, namely:—
“(3) The Custodian, Deputy Custodian or Assistant Custodian shall have, for
the purposes of exercising powers or discharging his functions under this Act, the
same powers as are vested in a civil court under the Code of Civil Procedure,1908,
while dealing with any case under this Act, in respect of the following matters,
namely:—
(a) requiring the discovery and inspection of documents;
(b) enforcing the attendance of any person, including any officer dealing
with land, revenue and registration matters, banking officer or officer of a
company and examining him on oath;
(c) compelling the production of books, documents and other records; and
(d) issuing commissions for the examination of witnesses or documents.".
11. In section 17 of the principal Act, in sub-section (1), for the words "two per
centum", at both the places where they occur, the words "five per centum" shall be
substituted.
12. For section 18 of the principal Act, the following section shall be substituted,
namely:—
"18. The Central Government may, on receipt of a representation from a person,
aggrieved by an order vesting a property as enemy property in the Custodian within
a period of thirty days from the date of receipt of such order or from the date of its
publication in the Official Gazette, whichever is earlier and after giving a reasonable
opportunity of being heard, if it is of the opinion that any enemy property vested in
the Custodian under this Act and remaining with him was not an enemy property, it
may by general or special order, direct the Custodian that such property vested as
enemy property in the Custodian may be transferred to the person from whom such
property was acquired and vested in the Custodian.".
13. On and from the date of commencement of the principal Act, after section 18 (as
so substituted by section 12 of this Act), the following section shall be inserted and shall
always be deemed to have been inserted, namely:—
"18A. Any income received in respect of the enemy property by the Custodian
shall not, notwithstanding that such property had been transferred by way of sale
under section 8A or section 18, as the case may be, to any other person, be returned
or liable to be returned to such person or any other person.".
14. After section 18A of the principal Act, (as so inserted by section 13 of this Act),
the following sections shall be inserted, namely:—
"18B. Save as otherwise provided in this Act, no civil court or authority shall
have jurisdiction to entertain any suit or proceedings in respect of any property,
subject matter of this Act, as amended by the Enemy Property (Amendment and
Validation) Act, 2017", or any action taken by the Central Government or the Custodian
in this regard.
Amendment of
section 11.
5 of 1908.
Amendment
of section 17.
Substitution of
new section
for section 18.
Transfer of
property
vested as
enemy
property in
certain cases.
Insertion
of new
section 18A.
Insertion of
new sections
18B and 18C.
Income not
liable to be
returned.
Exclusion of
jurisdiction of
civil courts.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment of
section 23.
18C. Any person aggrieved by an order of the Central Government under
section 18 of this Act, may, within a period of sixty days from the date of communication
or receipt of the order, file an appeal to the High Court on any question of fact or law
arising out of such orders, and upon such appeal the High Court may, after hearing
the parties, pass such orders thereon as it thinks proper:
Provided that the High Court may, if it is satisfied that the appellant was prevented
by sufficient cause from filing an appeal within the said period, allow it is to be filed
within a further period not exceeding sixty days.
Explanation.—In this section, "High Court" means the High Court of a State or
Union territory in which the property referred to in section 18 is situated.".
15. In section 20 of the principal Act, for the words "five hundred rupees" at both the
places where they occur, the words ‘‘ten thousand rupees’’ shall be substituted.
16. On and from the date of commencement of the principal Act, in section 22 of the
principal Act, after the words "for the time being in force", the brackets and words "(including
any law of succession or any custom or usage in relation to succession of property)" shall
be inserted and shall always be deemed to have been inserted.
17. After section 22 of the principal Act, the following section shall be inserted and
shall always be deemed to have been inserted with effect from the 2nd July, 2010, namely:—
"22A. Notwithstanding anything contained in any judgment, decree or order of
any court, tribunal or other authority,—
(a) the provisions of this Act, as amended by the Enemy Property
(Amendment and Validation) Act, 2017, shall have and shall always be deemed
to have effect for all purposes as if the provisions of this Act, as amended by
the said Act, had been in force at all material times;
(b) any enemy property divested from the Custodian to any person under
the provisions of this Act, as it stood immediately before the commencement of
the Enemy Property (Amendment and Validation) Act, 2017, shall stand
transferred to and vest or continue to vest, free from all encumbrances, in the
Custodian in the same manner as it was vested in the Custodian before such
divesting of enemy property under the provisions of this Act, as if the provisions
of this Act, as amended by the aforesaid Act, were in force at all material times;
(c) no suit or other proceedings shall, without prejudice to the generality
of the foregoing provisions, be maintained or continued in any court or tribunal
or authority for the enforcement of any decree or order or direction given by
such court or tribunal or authority directing divestment of enemy property from
the Custodian vested in him under section 5 of this Act, as it stood before the
commencement of the Enemy Property (Amendment and Validation) Act, 2017,
and such enemy property shall continue to vest in the Custodian under section 5
of this Act, as amended by the aforesaid Act, as the said section, as amended
by the aforesaid Act was in force at all material times;
(d) any transfer of any enemy property, vested in the Custodian, by
virtue of any order of attachment, seizure or sale in execution of decree of a civil
court or orders of any tribunal or other authority in respect of enemy property
vested in the Custodian which is contrary to the provisions of this Act, as
amended by the Enemy Property (Amendment and Validation) Act, 2017, shall
be deemed to be null and void and notwithstanding such transfer, continue to
vest in the Custodian under this Act.".
18. In section 23 of the principal Act, in sub-section (2), clause (d) shall be omitted.
19. (1) If any difficulty arises in giving effect to the provisions of the principal Act, as
amended by the Enemy Property (Amendment and Validation) Act, 2017, the Central
Government may, by order, published in the Official Gazette, make such provisions not
Amendment
of section 20.
Amendment of
section 22.
Insertion of
new section
22A.
Validation.
Power to
remove
difficulties.
Appeal to
High Court.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
inconsistent with the provisions of this Act, as amended by the Enemy Property (Amendment
and Validation) Act, 2017, or the Public Premises (Eviction of Unauthorised Occupants) Act,
1971, as amended by the Enemy Property (Amendment and Validation) Act, 2017, as may
appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of two
years from the date on which the Enemy Property (Amendment and Validation) Bill, 2017,
replacing the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, receives
the assent of the President.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
20. In the Public Premises (Eviction of Unauthorised Occupants) Act,1971,—
(a) in section 2, in clause (e), after sub-clause (3), the following sub-clause shall
be inserted, namely:—
"(4) any premises of the enemy property as defined in clause (c) of section
2 of the Enemy Property Act, 1968.";
(b) in section 3, in clause (a),—
(i) in the second proviso, the word "and" shall be omitted;
(ii) after the second proviso, the following proviso shall be inserted,
namely:—
"Provided also that the Custodian, Deputy Custodian and
Assistant Custodian of the enemy property appointed under section 3
of the Enemy Property Act, 1968 shall be deemed to have been appointed
as the Estate Officer in respect of those enemy property, being the
public premises, referred to in sub-clause (4) of clause (e) of section 2
of this Act for which they had been appointed as the Custodian, Deputy
Custodian and Assistant Custodian under section 3 of the Enemy
Property Act, 1968.".
21. Notwithstanding the cessation of the operation of the Enemy Property
(Amendment and Validation) Ordinance, 2010, anything done or any action taken under the
Enemy Property Act, 1968, or the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971, as amended by the Enemy Property (Amendment and Validation) Ordinance,
2010, shall be deemed to have been done or taken under the corresponding provisions of
those Acts, as amended by the Enemy Property (Amendment and Validation) Ordinance,
2010, as if the provisions of this Act, as amended by the said Ordinance had been in force
at all material times.
22. (1) The Enemy Property (Amendment and Validation) Fifth Ordinance, 2016 is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Enemy
Property Act, 1968 as amended by the said Ordinance, shall be deemed to have been done
or taken under the corresponding provisions of the said Act, as amended by this Act.