Search Results on rules for query: "Enemy Property Rule, 2015"
Related Section(s)The
Central Government may, by notification in the Official Gazette, appoint a Custodian of Enemy
Property for Indian and one or more Deputy Custodians and Assistant Custodians or Enemy Property
for such local areas as may be specified in the notification:
Provided that the Custodian of Enemy Property for Indian and any Deputy Custodian or Assistant Custodian of Enemy Property appointed under the Defence of India Rules, 1962 1[or the Defence of India Rules, 1971, as the case may be], shall be deemed to have been appointed under this section.
1. Ins. by Act 40 of 1977, s. 4 (w.e.f. 27-9-1977).
In this Act, unless the context otherwise requires,
(a) "Custodian" means the Custodian of Enemy Property for India appointed or deemed to have been appointed under section 3 and includes a Deputy Custodian and an Assistant Custodian of Enemy Property appointed or deemed to have been appointed under that section; (b) "enemy" or "enemy subject" or "enemy firm" means a person or country who or which was an enemy, 1[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] or 2[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], as the case may be, under the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962 3[or the Defence of India Act, 1971 (42 of 1971) and the Defence of India Rules, 1971], but 4[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--]. 5[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;] (c) "enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm: Provided that where an individual enemy subject dies in the territories to which this Act extends, 5[or dies in any territory outside India], any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwithstanding his death, continue to be regarded as enemy property for the purposes of this Act; 6[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;] (d) "prescribed" means prescribed by rules made under this Act.
1. Subs. by Act 3 of 2017, s. 2 for enemy subject (w.e.f. 10-7-1968).
2. Subs. by s. 2, ibid., for certain words (w.e.f. 10-7-1968). 3. Ins. by Act 40 of 1977, s. 3 (w.e.f. 27-9-1977). 4. Subs. by Act 3 of 2017, s. 2, for certain words (w.e.f. 10-7-1968). 5. Ins. by s. 2, for ibid. (w.e.f. 10-7-1968). 6. Ins. by Act 3 of 2017, s. 2 (w.e.f. 10-7-1968). 1[(1)] Every order which was made under the Defence of India Rules,
1962, by the Central Government or by the Custodian of Enemy Property for India appointed under
those Rules, relating to enemy property and which was in force immediately before the expiration
thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to
continue in force and to have been made under this Act.
2[(2) Every order which was made under the Defence of India Rules, 1971 by the Central Government or by the Custodian of Enemy Property for India appointed under those Rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act.]
1. Section 24 renumbered as sub-section (1) thereof by s. 10, ibid. (w.e.f. 27-9-1977).
2. Ins. by s. 10, ibid. (w.e.f. 27-9-1977). (1) The Central Government may make rules for carrying out the
purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for (a) the returns that may be called for by the Custodian under sub-section (1) of section 15 and the period within which such returns shall be submitted under sub-section (2) of that section; (b) the registers in which the returns relating to enemy property shall be recorded under section 16; (c) the fees for the inspection of registers and for obtaining copies of the relevant portions from the registers under sub-section (2) of section 16; 1* * * * * (e) any other matter which has to be or may be prescribed. (3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 2[or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Clause (d) omitted by s.18, ibid. (w.e.f. 7-1-2016)
2. Subs. by Act 40 of 1977, s. 9, for certain words (w.e.f. 27-9- 1977) Where any order with respect to any
money or property is addressed to any person by the Custodian and accompanied by a certificate of
the Custodian that the money or property is money property vested in him under this Act, the
certificate shall be evidence of the facts stated therein and if that person complies with the orders of
the Custodian, he shall not be liable to any suit or other legal proceeding by reason only of such
compliance.
1[5A. Issue of certificate by Custodian. —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.]
1. Ins. by Act 3 of 2017, s. 4 (w.e.f. 7-1-2016).
1
[(1)] Notwithstanding the expiration of the
Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy property
vested before such expiration in the Custodian of Enemy Property for India appointed under the said
Rules and continuing to vest in him immediately before the commencement of this Act, shall, as from
such commencement, vest in the Custodian.
2 [(2) Notwithstanding the expiration of the Defence of India Act, 1971 (12 of 1971) and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of the Enemy Property, (Amendment) Act, 1977 (40 of 1977) shall, as from such commencement, vest in the custodian.] 3[(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. 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.]
1. Section 5 renumbered as sub-section (1) thereof by s. 6, ibid. (w.e.f. 27-9-1977).
2. Ins. by s. 6, for ibid. (w.e.f. 27-9-1977).
3. Ins. by Act 3 of 2017, s. 3 (w.e.f. 10-7-1968).
1[(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.]
(2) Without prejudice to the generality of the foregoing provision, the Custodian or such person as may be specifically authorised by him in this behalf, may, for the said purpose, (i) carry on the business of the enemy; 2[(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;] (ii) take action for recovering any money due to the enemy; (iii) make any contract and execute any document in the name and on behalf of the enemy; (iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities; 3[(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]. (v) raise on the security of the property such loans as may be necessary; (vi) incur out of the property any expenditure including the payment of any taxes, duties, cesses and rates to Government or to any local authority and of any wages, salaries, pensions, provident fund contributions to, or in respect of, any employee of the enemy and the repayment of any debts due by the enemy to persons other than enemies; (vii) transfer by way of sale, mortgage or lease or otherwise dispose of any of the properties; (viii) invest any moneys held by him on behalf of enemies for the purchase of Treasury Bills or such other Government securities as may be approved by the Central Government for the purpose; (ix) make payments to the enemy and his dependents; (x) make payments on behalf of the enemy to persons other than those who are enemies, of dues outstanding on the 25th October, 1962 4[or on the 3rd December, 1971]; and (xi) make such other payments out of the funds of the enemy as may be directed by the Central Government. Explanation.In this sub-section and in sections 10 and 17, enemy includes an enemy subject and an enemy firm.
1. Subs. by Act 3 of 2017, s. 7, for sub-section (1) (w.e.f. 10-7-1968).
2 Ins. by s. 7, ibid. (w.e.f. 10-7-1968). 3 Ins. by s. 7, ibid. (w.e.f. 10-7-1968). 4. Ins. by Act 40 of 1977, s. 8 (w.e.f. 29-7-1977). (1) This Act may be called the Enemy
Property Act, 1968.
(2) It extends to the whole of India 1*** and it applies also to all citizens of India outside India and to branches and agencies outside India of companies or bodies corporate registered or incorporated in India. (3) It shall be deemed to have come into force on the 10th day of July, 1968.
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
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