( 141 )

KA / BG-GPO / 2515 / WPP-47 / 2009-2011

°ðÂñž»°ð Çñ¸åÃðÀðæ

C¢üPÀÈvÀªÁV ¥ÀæPÀn¸À¯ÁzÀÄzÀÄ

¸ÀA¥ÀÄl 145

¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010 (¨sÁzÀæ¥ÀzÀ 4, ±ÀPÀ ªÀµÀð 1932)

¸ÀAaPÉ 34

¨sÁUÀ - 4

PÉÃAzÀæzÀ «zsÉÃAiÀÄPÀUÀ¼ÀÄ ªÀÄvÀÄÛ CªÀÅUÀ¼À ªÉÄÃ¯É ¥Àj²Ã®£Á ¸À«ÄwAiÀÄ ªÀgÀ¢UÀ¼ÀÄ,

PÉÃAzÀæzÀ C¢ü¤AiÀÄªÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ CzsÁåzÉÃ±ÀUÀ¼ÀÄ, PÉÃAzÀæ ¸ÀPÁðgÀzÀªÀgÀÄ ºÉÆgÀr¹zÀ

¸ÁªÀiÁ£Àå ±Á¸À£À§zÀÞ ¤AiÀÄªÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À§zÀÞ DzÉÃ±ÀUÀ¼ÀÄ ªÀÄvÀÄÛ

gÁµÀÖç¥ÀwAiÀÄªÀjAzÀ gÀavÀªÁV gÁdå ¸ÀPÁðgÀzÀªÀjAzÀ ¥ÀÄ£ÀB ¥ÀæPÀlªÁzÀ

DzÉÃ±ÀUÀ¼ÀÄ.

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 26 PÉÃ±Á¥Àæ 2010, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 23£ÉÃ dÄ¯ÉÊ 2010

2010£ÉÃ ¸Á°£À dÄ¯ÉÊ 2£ÉÃ ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1 gÀ°è

¥ÀæPÀlªÁzÀ F PÉ¼ÀPÀAqÀ The Enemy Property (Amendment and Validation) Ordinance, 2010 (No. 4 of 2010)

C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 2^nd July, 2010/Asadha 11, 1932 (Saka)

THE ENEMY PROPERTY (AMENDMENT AND VALIDATION) ORDINANCE, 2010

No. 4 OF 2010

Promulgated by the President in the Sixty-first Year of the Republic of India.

An Ordinance further to amend the Enemy Property Act, 1968 and the Public Premises (Eviction

of Unauthorised Occupants) Act, 1971.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010

¨sÁUÀ - 4

142

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist

which render it necessary for her to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the

Constitution, the President is pleased to promulgate the following Ordinance:-

1. Short title and commencement.- (1) This Ordinance may be called the Enemy Property

(Amendment and Validation) Ordinance, 2010.

(2) It shall come into force at once.

2. Amendment of section 5.- On and from the date of commencement of the Enemy Property

Act, 1968 (34 of 1968) (hereinafter referred to as the principal Act), in section 5, after sub-section (2), the

following shall be inserted and shall be deemed to have been inserted, namely:-

‘(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 vested in the Custodian till it is divested by the Central

Government.

Explanation.- For the purpose of this section, “enemy property vested in the Custodian” shall

include all titles, rights and interest in, or any benefit arising out of, such property vested in him under the

Act.’.

3. Insertion of new section 5A.- After section 5 of the principal Act, the following section shall be

inserted, namely:-

“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, vestes in him under the Act and issue a certificate to this effect and such

certificate shall be the evidence of the facts stated therein.”.

4. Amendment of section 6.- On and from the date of commencement of the principal Act, in

section 6, the following Explanation shall be inserted and shall be deemed to have been inserted,

namely:-

“Explanation.- For the removal of doubts, it is hereby declared that, for the purposes of this

section, the transfer of any enemy property shall not include any transfer or any claim of transfer made,-

(a) through oral will or oral gift; or

(b) by concealment of enemy nationality; or

¨sÁUÀ - 4

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010

143

or any other competent authority, without such permission; or

(d) without the permission of the Custodian.”.

5. Amendment of section 8.- In section 8 of the principal Act, in sub-section (2).-

(a) after clause (i), the following clause shall be inserted namely:-

“(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;”;

(b) after clause (iv), the following clause shall be inserted, namely:-

“(iva) secure vacant possession of the enemy property by evicting from the unauthorized or

illegal occupant or trespasser and remove unauthorized or illegal constructions, if any;”.

6. Insertion of new section 10A.- After section 10 of the principal Act, the following section shall

be inserted, namely:-

“10A. Transfer of immovable property belonging to enemy.- (1) Where the Custodian

proposes to sell any enemy immovable property vested in him, as referred to in section 8, to any person,

he may on receipt of the sale proceeds of such property, issue a certificate of sale in favour of such

person and such certificate of sale shall, notwithstanding the fact that the original title deeds of the

property have not been handed over to the transferee, be valid and conclusive proof of ownership of such

property by such person.

(2) Notwithstanding anything contained in any law for the time being in force, the certificate of

sale, referred to in sub-section (1), issued by the Custodian shall be a valid instrument for the registration

of the property in favour of the transferee and the registration in respect of enemy property for which such

certificate of sale had been issued by the Custodian, shall not be refused on the ground of lack of original

title deeds in respect of such property or for any such other reason.”.

7. Amendment of section 11.- In section 11 of the principal Act, after sub-section (2), the

following sub-section shall be inserted, namely:-

“(3) The Custodian, Deputy Custodian or Assistant Custodian shall have, for the purposes of

exercising powers or discharging his functions under this Act, the same powers as are vested in a civil

court under the Code of Civil Procedure, 1908, while dealing with any case under this Act, in respect of

the following matters, namely:-

(a) requiring the discovery and inspection of documents;

(b) enforcing the attendance of any person, including any officer dealing with land, revenue

and registration matters, banking officer or officer of a company and examining him on oath;

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010

¨sÁUÀ - 4

144

(d) issuing commissions for the examination of witnesses or documents.”.

8. Amendment of section 17.- In section 17 of the principal Act, in sub-section (1), for the words

“two per centum”, at both the places where they occur, the words “five per centum” shall be substituted.

9. Insertion of new section 18A.- On and from the date of commencement of the principal Act,

after section 18, the following section shall be inserted and shall be deemed to have been inserted,

namely:-

“18A. Income not liable to be returned.- Any income received in respect of the enemy

property by the Custodian shall not, notwithstanding that such property had been divested or transferred

to any other person, be returned or liable to be returned to such person or any other person unless so

directed by order, by the Central Government.”.

10. Insertion of new sections 18B and 18C.- After section 18A of the principal Act, [as so

inserted by section 9 of this Ordinance], the following sections shall be inserted, namely:-

“18B. Bar of Jurisdiction of courts in matters of divesting.- No court shall have

jurisdiction to order divestment from the Custodian of enemy property vested in him under this Act or

direct the Central Government to divest such property from the Custodian.

Explanation.- For the removal of doubts, it is hereby declared that the courts shall have

jurisdiction to adjudicate whether the property claimed to be vested in the Custodian is an enemy property

or not.

18C. Disposal of enemy property vested in custodian by Central Government.- The

Central Government may, by general or special order, direct that any or all enemy property vested in the

Custodian under this Act shall be sold or disposed off in such manner as may be prescribed.”.

11. Amendment of section 20.- In section 20 of the principal Act, in sub-section (3), for the

words “five hundred rupees”, the words “ten thousand rupees” shall be substituted.

12. Amendment of section 23.- In section 23 of the principal Act, in sub-section (2), after clause

(d), the following clause shall be inserted, namely:-

“(da) the manner of sale or disposal of the enemy property vested in the Custodian under

section 18C;”.

13. Insertion of new section 26.- After section 25 of the principal Act, the following section shall

be inserted, namely:-

“26. Validation.- Notwithstanding anything contained in any judgement, decree or order of any

court, tribunal or other authority,-

¨sÁUÀ - 4

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010

145

(a) the provisions of this Act, as amended by the Enemy Property (Amendment and

Validation) Ordinance, 2010, shall have and shall be deemed always to have effect for all purposes as if

the provisions of this Act, as amended by the said Ordinance, had been in force at all material times;

(b) any enemy property divested from the Custodian to any person under the provisions of

this Act, as it stood immediately before the commencement of the Enemy Property (Amendment and

Validation) Ordinance, 2010, shall stand transferred to and vest or continue to vest, free from all

encumbrances, in the Custodian in the same manner as it was vested in the Custodian before such

divesting of enemy property under the provisions of this Act, as if the provisions of this Act, as amended

by the aforesaid Ordinance, were in force at all material times;

provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any

decree or order or direction given by such court or tribunal or authority directing divestment of enemy

property from the Custodian vested in him under section 5 of this Act, as it stood before the

commencement of the Enemy Property (Amendment and Validation) Ordinance, 2010, and such enemy

property shall continue to vest in the Custodian under section 5 of this Act, as amended by the aforesaid

Ordinance, as the said section, as amended by the aforesaid Ordinance, was in force at all material times;

(d) any transfer of any enemy property, vested in the Custodian by virtue of any order of

attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other

authority in respect of enemy property vested in the Custodian which is contrary to the provisions of this

Act, as amended by the Enemy Property (Amendment and Validation) Ordinance, 2010, shall be deemed

to be null and void and notwithstanding such transfer, continue to vest in the Custodian under this Act.”.

14. Amendment of Act 40 of 1971.- In the Public Premises (Eviction of Unauthorised

Occupants) Act, 1971,-

(a) in section 2, in clause (e), after sub-clause (3), the following sub-clause shall be inserted,

namely:-

“(4) any premises of the enemy property as defined in clause (c) of section 2 of the Enemy

Property Act, 1968; (34 of 1968)

(b) in section 3, in clause (a),-

(i) in the second proviso, the word “and” shall be omitted;

(ii) after the second proviso, the following proviso shall be inserted, namely:-

“Provided also that the Custodian, Deputy Custodian and Assistant Custodian of the enemy

property appointed under section 3 of the Enemy Property Act, 1968 (34 of 1968) shall be deemed to

have been appointed as the Estate Officer in respect of those enemy property, being the public premises,

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010

¨sÁUÀ - 4

146

referred to in sub-clause (4) of clause (e) of section 2 of this Act for which they had been appointed as the

Custodian, Deputy Custodian and Assistant Custodian under section 3 of the Enemy Property Act, 1968.”.

PRATIBHA DEVISINGH PATIL,

President

V.K. BHASIN,

Secy. to the Govt. of India.

¦.Dgï. 33

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. DAf¤

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 27 PÉÃ±Á¥Àæ 2010, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 24£ÉÃ dÄ¯ÉÊ 2010

2010£ÉÃ ¸Á°£À ªÉÄÃ 15£ÉÃ ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1 gÀ°è

¥ÀæPÀlªÁzÀ F PÉ¼ÀPÀAqÀ The Indian Medical Council (Amendment) Ordinance, 2010 (No. 2 of 2010) C£ÀÄß

¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 15^th May, 2010/Vaisaka 25, 1932 (Saka)

THE INDIAN MEDICAL COUNCIL (AMENDMENT) ORDINANCE, 2010

No. 2 OF 2010

Promulgated by the President in the Sixty-first Year of the Republic of India.

An Ordinance further to amend the Indian Medical Council Act, 1956.

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist

which render it necessary for her to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the

Constitution, the President is pleased to promulgate the following Ordinance:-

1. Short title and commencement.- (1) This Ordinance may be called the Indian Medical

Council (Amendment) Ordinance, 2010.

(2) It shall come into force at once.

¨sÁUÀ - 4

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010

147

2. Insertion of new sections 3A, 3B and 3C.- After section 3 of the Indian Medical Council Act,

1956, (102 of 1956) the following sections shall be inserted, namely:-

‘3A. Power of Central Government to supersede the Council and to constitute a Board

of Governors.- (1) On and from the date of commencement of the Indian Medical Council (Amendment)

Ordinance, 2010, the Council shall stand superseded and the President, Vice-President and other

members of the Council shall vacate their offices and shall have no claim for any compensation,

whatsoever.

(2) The Council shall be reconstituted in accordance with the provisions of section 3 within a

period of one year from the date of supersession of the Council under sub-section (1)

(3) Upon the supersession of the Council under sub-section (1) and until a new Council is

constituted in accordance with section 3, the Board of Governors constituted under sub-section (4) shall

exercise the powers and perform the functions of the Council under this Act.

(4) The Central Government shall, by notification in the Official Gazette, constitute the Board

of Governor by which shall consist of not more than seven persons as its members, who shall be persons

of eminence and of unimpeachable integrity in the fields of medicine and medical education, and who may

be either nominated members or members, ex officio, to be appointed by the Central Government, one of

whom shall be named by the Central Government as the Chairperson of the Board of Governors.

(5) The Chairperson and the other members, other than the members, ex officio, shall be

entitled to such sitting fee and travelling and other allowances as may be determined by the Central

Government.

(6) The Board of Governors shall meet at such time and places and shall observe such rules

of procedure in regard to the transaction of business at its meetings as is applicable to the Council.

(7) Two-third of the members of the Board of Governors shall constitute the quorum for its

meetings.

(8) No act or proceedings of the Board of Governors shall be invalid merely by reason of-

(a) any vacancy in, or any defect in the constitution of, the Board of Governors; or

(b) any irregularity in the procedure, of the Board of Governors not affecting the merits of

the case.

(9) A member having any financial or other interest in any matter coming before the Board of

Governors for decision, shall disclose his interest in the matter before he may, if allowed by the Board of

Governors, participate in such proceedings.

(10) The Chairperson and other members of the Board of Governors shall hold office during

the pleasure of the Central Government.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, DUÀ¸ïÖ 26, 2010

¨sÁUÀ - 4

148

3B. Certain modifications of the Act.- During the period when the Council stands superseded,-

(a) the provisions of this Act shall be construed as if for the word “Council”, the words “Board

of Governors” were substituted;

(b) the Board of Governors shall-

(i) exercise the powers and discharge the functions of the Council under this Act and for

this purpose, the provisions of this Act shall have effect subject to the modification that references therein

to the Council shall be construed as references to the Board of Governors;

(ii) grant independently permission for establishment of new medical colleges or opening a

new or higher course of study or training or increase in admission capacity in any course of study or

training referred to in section 10A or giving the person or college concerned a reasonable opportunity of

being heard as provided under section 10A without prior permission of the Central Government under that

section, including exercise of the power to finally approve or disapprove the same; and

(iii) dispose of the matters pending with the Central Government under section 10A upon

receipt of the same from it.

3C. Power of Central Government to give directions.- (1) Without prejudice to the provisions

of this Act, the Board of Governors or the Council after its reconstitution shall, in exercise of its powers

and in the performance of its functions under this Act, be bound by such directions on questions of policy,

other than those relating to technical and administrative matters, as the Central Government may give in

writing to it from time to time:

Provided that the Board of Governors or the Council after its reconstitution shall, as far as

practicable, be given an opportunity to express its views before any direction is given under this sub-

section.

(2) The decision of the Central Government whether a question is a matter of policy or not shall

be final.’.

PRATIBHA DEVISINGH PATIL,

President

V.K. BHASIN,

Secy. to the Govt. of India.

¦.Dgï. 35

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. DAf¤

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.