The Enemy Property Act, 1968

Act No. 34

20-Aug-1968

Section 1 — Short title, extent, application and commencement

1. Short title, extent, application and commencement.

(1)This Act may be called the Enemy Property Act, 1968.

(2)It extends to the whole of India 2*** 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.

Section 2 — Definitions

2. Definitions. -In this Act, unless the context otherwise requires, -

(a)“Custodian ” means the Custodian of Enemy Property for In dia 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, 3[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 4[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 national ity], as the case may be, under the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962 5[or the Defence of India Act, 1971 ( 42 of 1971) and the Defence of India Rules, 1971], but 6[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”]. 7[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 s ubject" 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. Expla nation 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 co nferred 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 e nemy firm :

Section 3 — Appointment of Custodian of Enemy Property for I ndia and Deputy C ustodian, etc

3. Appointment of Custodian of Enemy Property for I ndia and Deputy C ustodian, etc. -The Central Government may, by notification in the Official Gazette, appoint a Custod ian of Enemy Property for India 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 Custod ian of Enemy Property for India and any Deputy Custodian or Assistant Custodian of Enemy Property appointed under the Defence of India Rules, 1962 2[or the Defence of India Rules, 1971, as the case may be], shall be deemed to have been appointed under this section.

Section 4 — Appointment o f Inspectors of Enemy Property

4. Appointment o f Inspectors of Enemy Property.-The Central Government may, either generally or for any particular area, by notification in the Official Gazette, appoint one or more Inspectors of Enemy Property for securing compliance with the provisions of this Act and may, b y general or special order, provide for the distribution and allocation of the work to be performed by them for securing such compliance: Provided that every Inspector of Enemy Firms appointed under th e Defence of India Rules, 1962 3[or the Defence of India Rules, 1971, as the case may be], shall be deemed to be an Inspector of Enemy Property appointed under this section.