Skip to main content

President promulgates Enemy Property (Amendment and Validation) Ordinance, 2016

  • The President of India has promulgated the Enemy Property (Amendment and Validation) Ordinance, 2016 on January 07, 2016 to make amendments to the Enemy Property Act, 1968.
  • The amendments through the Ordinance include that 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; that law of succession does not apply to enemy property; that there cannot be transfer of any property vested in the Custodian by an enemy or enemy subject or enemy firm and that the Custodian shall preserve the enemy property till it is disposed of in accordance with the provisions of the Act.
  • The above amendments to the Enemy Property Act, 1968 will plug the loopholes in the Act to ensure that the enemy properties that have been vested in the Custodian remain so and they do not revert back to the enemy subject or enemy firm.
  • The Enemy Property Act was enacted in the year 1968 by the Government of India, which provided for the continuous vesting of enemy property in the Custodian. The Central Government through the Custodian of Enemy Property for India is in possession of enemy properties spread across many states in the country. In addition, there are also movable properties categorized as enemy properties.
  • To ensure that the enemy property continues to vest in the Custodian, appropriate amendments were brought in by way of an Ordinance in the Enemy Property Act, 1968 by the then Government in 2010.
  • This Ordinance, however lapsed on 6th September, 2010 and a bill was introduced in the Lok Sabha on July 22, 2010. However, this bill was withdrawn and another bill with modified provisions was introduced in the Lok Sabha on 15th November, 2010. This bill was thereafter referred to the Standing Committee. However, the said bill could not be passed during the 15th term of the Lok Sabha and it lapsed.
  • In the wake of the Indo-Pak war of 1965 and 1971, there was migration of people from India to Pakistan. Under the Defence of India Rules framed under the Defence of India Act, the Government of India took over the properties and companies of such persons who had taken Pakistani nationality. These enemy properties were vested by the Central Government in the Custodian of Enemy Property for India.
  • After the 1965 war, India and Pakistan signed the Tashkent Declaration on 10.01.1966. The Tashkent Declaration inter alia included a clause, which said that the two countries would discuss the return of the property and assets taken over by either side in connection with the conflict. However, the Government of Pakistan disposed of all such properties in their country in the year 1971 itself.

Labels

Labels:

Comments

Post a Comment

Popular posts from this blog

India Tech Vision-2035

India Tech Vision-2035 India's technology thinktank under the ministry of science & technology has come out with `Technology Vision 2035' here at the ongoing Indian Science Congress, identifying the challenges ahead and how they can be dealt with through technological interventions while realising the dream of a developed India by the year 2035. The thinktank -Technology Information, Forecasting and Assessment Council (TIFAC) -in the vision document lists a technology roadmap for India, giving details of 12 sectors and technologies that in some cases exist but need to be deployed, some in the pilot stage that must be scaled up and technologies in R&D stage. It, in fact, talks about many future technologies, ranging from flying cars, real time translation software, personalised medicine, wearable devices, e-sensing (e-nose and e-tongue) to 100% recyclable materials among others which may be used in different areas to solve day-to-day problems “The trajectories del...
Post a Comment
Read more

RCEP draft moots tough curbs on cheap medicines

RCEP draft moots tough curbs on cheap medicines Analysis of leaked chapter of the draft RCEP agreement Regional Comprehensive Economic Partnership (RCEP) agreement – being negotiated by 16 countries (10 member states of the Association of Southeast Asian Nations (ASEAN) and 6 other countries that have Free Trade Agreements with the ASEAN) A leaked chapter of the draft RCEP agreement reveals that the  trade pact in its current form could reduce access to affordable medicines in many developing countries . The chapter on Intellectual Property Rights (IPR) is part of draft of the RCEP agreement. India has opposed some damaging proposals initiated by the RCEP members, particularly Japan and Korea,  involving patent extensions , restrictive rules on copyright exceptions , and  other anti-consumer measures . Some member countries, who are part of both the TPP [the U.S.-led Trans Pacific Partnership] and the RCEP, are trying to push for the TPP standards in...
Post a Comment
Read more

Civil Service Bytes News Analysis January 2016

Morning News Analysis with Mind Map   Odd-even scheme for cars rolls out in the National Capital to curb vehicular pollution.  Centre invites Gorkha Janmukti Morcha for tripartite talks on the Gorkhaland Territorial        Administration agreement.  In Bangladesh, two students sentenced to death for killing of a blogger in 2013.  The World welcomes New year 2016 with pomp and show.  In Sports; Indian Test Captain Virat Kohli is BCCI's 'Cricketer of the Year' 2015; Mithali Raj picked for women's top award.  And, India to meet Afghanistan in the final of the South Asian Football Federation Cup.
Post a Comment
Read more