State : Central
Year : 1968
ENEMY PROPERTY ACT, 1968 ENEMY PROPERTY ACT, 1968 34 of 1968 STATEMENT OF OBJECTS AND REASONS (i) Consequent on Chinese aggression in 1962, immoveable properties, cash balances and firms belonging to the Chinese nationals in India valued approximately at Rs, 28.85 lakhs were vested in the Custodian of Enemy Property for India appointed under the Defence of India Rules, 1962. Similarly, consequent on the aggression by Pakistan in 1965 immoveable and some specified movable Pakistani properties in India, the total value of which has been approximately estimated at Rs. 27 crores, were vested in the said Custodian of Enemy Property. These vestments were made under the powers derived from the Defence of India Rules, 1962. These properties were being administered by the..... List Judgments citing this sectionTitle : Enemy Property Act 1968
State : Central
Year : 1968
Preamble1 - ENEMY PROPERTY ACT, 1968 Section1 - Short title, extent, application and commencement Section2 - Definitions Section3 - Appointment of Custodian of Enemy Property for India and Deputy Custodian, etc. Section4 - Appointment of Inspectors of Enemy Property Section5 - Property vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962 to continue to vest in Custodian Section6 - Transfer of property vested in Custodian by enemy or enemy subject or enemy firm Section7 - Payment to Custodian of money otherwise payable to an enemy, enemy subject or enemy firm Section8 - Powers to Custodian in respect of enemy property vested in him Section9 - Exemption from attachment, etc. Section10 - Transfer of securities belonging to an enemy Section11 -..... List Judgments citing this sectionTitle : Enemy Property Amendment Act, 1977
State : Central
Year : 1968
THE ENEMY PROPERTY (AMENDMENT) ACT, 1977 [Act, No. 40 of 1977] [15th December, 1977] PREAMBLE An Act to amend the Enemy Property Act, 1968. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:-- 1. Short title and commencement.- (1) This Act may be called the Enemy Property (Amendment) Act, 1977. (2) It shall be deemed to have come into force on the 27th day of September, 1977. 2. Amendment of long title.- In the long title of the Enemy Property Act, 1968 (34 of 1968.), (hereinafter referred to as the principal Act), after the words and figures "Defence of India Rules, 1962", the words and figures "and the Defence of India Rules, 1971" shall be inserted. 3. Amendment of section 2.- In clause (b) of section 2 of the principal..... View Complete Act List Judgments citing this sectionTitle : Power of Custodian to Summon Persons and Call for Documents
State : Central
Year : 1968
(1) The Custodian may, by notice in writing, require any person whom be believes to be capable of giving information concerning any enemy property to attend before him at such time and place as may be specified in the notice and examine any such person concerning the same, reduce his statement to writing and require him to sign it. (2) The Custodian may, by notice in writing, require any person whom he believes to have in his possession or control any account book, letter book, invoice, receipt or other document of whatever nature relating to any enemy property, to produce the same or cause the same to be produced before the Custodian at such time and place as may be specified in the notice and to submit the same to his examination and to allow copies of any entry therein or any part..... View Complete Act List Judgments citing this sectionTitle : Validity of Action Taken in Pursuance of Orders of Custodian
State : Central
Year : 1968
Where under this Act,-- (a) any money is paid to the Custodian ; or (b) any property is vested in the Custodian or an order is given to any person by the Custodian in relation to any property which appears to the Custodian to be enemy property vested in him under this Act, neither the payment, vesting nor order of the Custodian nor any proceedings in consequence thereof shall be invalidated or affected by reason only that at a material time,-- (i) some person who was or might have been interested in the money or property, and who was an enemy or an enemy firm, had died or had ceased to be an enemy or an enemy firm ; or (ii) some person who was so interested and who was believed by the Custodian to be an enemy or an enemy firm, was not an enemy or an enemy firm. View Complete Act List Judgments citing this sectionTitle : Transfer of Property Vested in Custodian by Enemy or Enemy Subject or Enemy Firm
State : Central
Year : 1968
Where any property vested in the Custodian under this Act has been transferred, whether before or after the commencement of this Act, by an enemy or an enemy subject or an enemy firm and where it appears to the Central Government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vesting of the property in the Custodian, then, the Central Government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the Custodian. View Complete Act List Judgments citing this sectionTitle : Powers to Custodian in Respect of Enemy Property Vested in Him
State : Central
Year : 1968
(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 and where such property belongs to an individual enemy subject, may incur such expenditure out of the property as he considers necessary or expedient for the maintenance of that individual or of his family in India. (2) Without prejudice to the generality of the foregoing provision, the Custodian or such person as may be specifically authorised by him in his behalf, may for the said purpose,-- (i) carry on the business of the enemy ; (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..... View Complete Act List Judgments citing this sectionTitle : Returns as to Enemy Property
State : Central
Year : 1968
(1) The Custodian may call for from persons who, in his opinion, have any interest in, or control over, any enemy property vested in him under this Act, such returns as may be prescribed. (2) Every person from whom a return is called for under sub - section (1) shall be bound to submit such return within the prescribed period. View Complete Act List Judgments citing this sectionTitle : Appointment of Custodian of Enemy Property for India and Deputy Custodian, Etc.
State : Central
Year : 1968
The Central Government may, by notification in the Official Gazette, appoint a Custodian of Enemy Property for India and one or more Deputy Custodians and Assistant Custodians of Enemy Property for such local areas as may be specified in the notification : Provided that the Custodian of Enemy Property for India and any Deputy Custodian or Assistant Custodian of Enemy Property appointed under the Defence of India Rules, 1962,1[or the Defence of India Act, 1971] shall be deemed to have been appointed under this section. ________________________ 1. Inserted by the Enemy Property (Amendment) Act, 1977, w.e.f. 27-09-1977. View Complete Act List Judgments citing this sectionTitle : Divesting of Enemy Property Vested in the Custodian
State : Central
Year : 1968
The Central Government may, by general or special order, direct that any enemy property vested in the Custodian under this Act and remaining with him shall be divested from him and be returned, in such manner as may be prescribed, to the owner thereof or to such other person as may be specified in the direction and thereupon such property shall cease to vest in the Custodian and shall revest in such owner or other person. View Complete Act List Judgments citing this section