Soon, fresh ordinance on enemy properties
Enemy properties are spread across many states in the country.
New Delhi: The Cabinet approved the proposal to take the ordinance route for the Enemy Property (Amendment) Bill, which aims to guard against claims of succession or transfer of properties left by people who migrated to Pakistan and China after wars. With this, the ordinance route for the legislation is likely to be re-promulgated for the fifth time. The ordinance will now be sent to the President for his assent.
Official sources said after the Cabinet meeting that the ordinance needs to be re-promulgated as a bill to amend the law could not be passed in Parliament due to repeated adjournments over the demonetisation issue. “Enemy property” refers to any property belonging to, held or managed on behalf of an enemy, an enemy subject or an enemy firm.
The government has vested these properties in the custodian of enemy property for India, an office instituted under the Central government.
After the Indo-Pakistan War of 1965, the Enemy Property Act was enacted in 1968, which regulates such properties and lists the custodian’s powers. The ordinance was for the first time promulgated on January 7. An ordinance lapses after 42 days from the day a session begins unless a bill to replace it is approved by Parliament.
As per the proposed amendments, once an enemy property is vested in the Custodian, it shall continue to be vested in him as enemy property irrespective of whether the enemy, enemy subject or enemy firm has ceased to be an enemy due to reasons such as death, etc.
The amendments are aimed at plugging the loopholes in the Act to ensure that the enemy properties that have been vested in the Custodian remain so and do not revert to the enemy subject or enemy firm.
Enemy properties are spread across many states in the country.