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{{Short description|Regulatory law on Indian property}}
{{distinguish|Enemy Property Act (Bangladesh)}}
{{Use dmy dates|date=March 2016}}
{{Use dmy dates|date=March 2016}}
{{Use Indian English|date=March 2016}}
{{Use Indian English|date=March 2016}}
{{Infobox legislation
{{Infobox legislation
| imagesize = 100
| imagealt = Enemy Property Act, 1968
| country = India
| introduced_by = [[Kiren Rijiju]]
| enacted_by = [[Parliament of India]]
| enacted_by = [[Parliament of India]]
| date_passed = 1968
| date_passed = 1968
| date_enacted = 1968
| date_enacted = 1968
| amendments = 2016
| amends = 2017
| status = in force
| status = in force
}}
}}
The '''Enemy Property Act, 1968''' is an Act of the Parliament of India, which provides for the continuous vesting of enemy property in the Custodian.<ref name=eco>{{citation |title=Lok Sabha passes bill to amend Enemy Property Act |url=http://economictimes.com/news/politics-and-nation/lok-sabha-passes-bill-to-amend-enemy-property-act/articleshow/51331672.cms |work=[[The Economic Times]] |date=9 March 2016 }}</ref> The Central Government through the Custodian of Enemy Property for India is in possession of enemy properties spread across many states in the country.<ref name=eco/> In addition, there are also movable properties categorized as enemy properties.<ref name=eco/>
The '''Enemy Property Act, 1968''' is an Act of the Parliament of India which enables and regulates the appropriation of property in India owned by Pakistani nationals. The act was passed following the [[Indo-Pakistani War of 1965]].<ref name=eco>{{citation |title=Lok Sabha passes bill to amend Enemy Property Act |url=https://economictimes.indiatimes.com/news/politics-and-nation/lok-sabha-passes-bill-to-amend-enemy-property-act/articleshow/51331672.cms |work=[[The Economic Times]] |date=9 March 2016 }}</ref> Ownership is passed to the [[Custodian for Enemy Property for India|Custodian of Enemy Property for India]], a government department.<ref name=eco/> There are also movable properties categorized as enemy properties.<ref name=eco/>


==Amendments: Enemy Property (Amendment and Validation) Bill, 2016==
==Amendments: Enemy Property (Amendment and Validation) Act, 2017==
Home [[Kiren Rijiju]] in [[Modi Government]] introduced the Enemy Property (Amendment and Validation) Bill, 2016. <ref name=eco2>{{citation |title=Bill to amend Enemy Property Act introduced in Parliament |url=http://economictimes.com/news/politics-and-nation/bill-to-amend-enemy-property-act-introduced-in-parliament/articleshow/51306330.cms |work=[[The Economic Times]] |date=8 March 2016 }}</ref> The measure seeks to replace an ordinance promulgated to this effect on 7 January 2016.<ref name=eco2/>
Minister of State for Home Affairs [[Kiren Rijiju]] during the [[Modi Government]] introduced the Enemy Property (Amendment and Validation) Bill, 2016.<ref name=eco2>{{citation |title=Bill to amend Enemy Property Act introduced in Parliament |url=https://economictimes.indiatimes.com/news/politics-and-nation/bill-to-amend-enemy-property-act-introduced-in-parliament/articleshow/51306330.cms |work=[[The Economic Times]] |date=8 March 2016 }}</ref> The measure seeks to replace an ordinance promulgated to this effect on 7 January 2016.<ref name=eco2/>


The 2016 bill seeks to do the following:
The 2016 bill seeks to do the following:
* The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property in the [[Custodian for Enemy Property for India|Custodian for the Enemy Property for India]].
* The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property in the [[Custodian for Enemy Property for India|Custodian of the Enemy Property for India]].
* The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This applies retrospectively to transfers that have occurred before or after 1968.
* The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This applies retrospectively to transfers that have occurred before or after 1968.
* The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.<ref>{{Cite web|url=http://indianexpress.com/article/explained/no-court-appeal-no-succession-law-how-bill-keeps-enemy-property-with-custodian/|title=No court appeal, no succession law: How Bill keeps enemy property with Custodian|date=2016-03-11|website=The Indian Express|access-date=2016-06-14}}</ref>
* The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.<ref>{{Cite web|url=http://indianexpress.com/article/explained/no-court-appeal-no-succession-law-how-bill-keeps-enemy-property-with-custodian/|title=No court appeal, no succession law: How Bill keeps enemy property with Custodian|date=2016-03-11|website=The Indian Express|access-date=2016-06-14}}</ref>


The Bill was passed by the Rajya Sabha on 10 March 2017.<ref>{{cite web|last1=Correspondent|first1=Special|title=Enemy Property Bill passed amid Opposition walkout|url=http://www.thehindu.com/news/national/enemy-property-bill-passed-amid-opposition-walkout/article17444198.ece|website=The Hindu|accessdate=14 March 2017|language=en}}</ref> The Bill, with amendments made in the Rajya Sabha, was passed by the Lok Sabha on 14 March 2017.<ref>{{cite web|title=Parliament passes Enemy Property bill|url=http://indianexpress.com/article/india/parliament-passes-enemy-property-bill-4568723/|website=The Indian Express|accessdate=14 March 2017|date=14 March 2017}}</ref>
The Bill was passed by the Rajya Sabha on 10 March 2017.<ref>{{cite news|last1=Correspondent|first1=Special|title=Enemy Property Bill passed amid Opposition walkout|url=http://www.thehindu.com/news/national/enemy-property-bill-passed-amid-opposition-walkout/article17444198.ece|website=The Hindu|date=10 March 2017 |access-date=14 March 2017|language=en}}</ref> The Bill, with amendments made in the Rajya Sabha, was passed by the Lok Sabha on 14 March 2017.<ref>{{cite web|title=Parliament passes Enemy Property bill|url=http://indianexpress.com/article/india/parliament-passes-enemy-property-bill-4568723/|website=The Indian Express|access-date=14 March 2017|date=14 March 2017}}</ref>

==See also ==
* [[Custodian for Enemy Property for India]], for the government takeover of property of rulers who migrated to Pakistan
* [[Political integration of India]]
* [[Central Wakf Council]]
* [[Evacuee Trust Property Board]]
⚫
* [[Privy Purse in India]]


==References==
==References==
{{Reflist}}
{{Reflist}}


[[Category:1968 in Indian law]]
{{Indian legislations}}

⚫
[[Category:Law in India]]
[[Category:Modi administration]]
[[Category:Modi administration]]
[[Category:Indira Gandhi administration]]
[[Category:Indira Gandhi administration]]

Latest revision as of 19:11, 28 October 2024

Not to be confused with Enemy Property Act (Bangladesh).

Enemy Property Act, 1968
Parliament of India
Passed byParliament of India
Passed1968
Enacted1968
Amends
2017
Status: In force

The Enemy Property Act, 1968 is an Act of the Parliament of India which enables and regulates the appropriation of property in India owned by Pakistani nationals. The act was passed following the Indo-Pakistani War of 1965.[1] Ownership is passed to the Custodian of Enemy Property for India, a government department.[1] There are also movable properties categorized as enemy properties.[1]

Amendments: Enemy Property (Amendment and Validation) Act, 2017

[edit]

Minister of State for Home Affairs Kiren Rijiju during the Modi Government introduced the Enemy Property (Amendment and Validation) Bill, 2016.[2] The measure seeks to replace an ordinance promulgated to this effect on 7 January 2016.[2]

The 2016 bill seeks to do the following:

  • The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property in the Custodian of the Enemy Property for India.
  • The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This applies retrospectively to transfers that have occurred before or after 1968.
  • The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.[3]

The Bill was passed by the Rajya Sabha on 10 March 2017.[4] The Bill, with amendments made in the Rajya Sabha, was passed by the Lok Sabha on 14 March 2017.[5]

See also

[edit]

References

[edit]
  1. ^ a b c "Lok Sabha passes bill to amend Enemy Property Act", The Economic Times, 9 March 2016
  2. ^ a b "Bill to amend Enemy Property Act introduced in Parliament", The Economic Times, 8 March 2016
  3. ^ "No court appeal, no succession law: How Bill keeps enemy property with Custodian". The Indian Express. 11 March 2016. Retrieved 14 June 2016.
  4. ^ Correspondent, Special (10 March 2017). "Enemy Property Bill passed amid Opposition walkout". The Hindu. Retrieved 14 March 2017. {{cite news}}: |last1= has generic name (help)
  5. ^ "Parliament passes Enemy Property bill". The Indian Express. 14 March 2017. Retrieved 14 March 2017.


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