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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 7th January, 2016/Pausha 17, 1937 (Saka)
THE ENEMY PROPERTY (AMENDMENT AND VALIDATION)
ORDINANCE, 2016
No. 1 OF 2016
Promulgated by the President in the Sixty-sixth Year of the Republic ofIndia.
An Ordinance further to amend the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him
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:-
¸ÀA¥ÀÄl 151
Volume 151
¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀĪÁgÀ, r¸ÉA§gï 29, 2016 (¥ÀĵÀå 8, ±ÀPÀ ªÀµÀð 1938)
Bengaluru, Thursday, December 29, 2016 (Pushya 8, Shaka Varsha 1938)
¸ÀAaPÉ 51
Issue 51
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1. Short title and commencement. (1) This Ordinance may be called the Enemy Property (Amendment and Validation)
Ordinance, 2016.
(2) It shall come into force at once.
2. Amendment of section 2. On and from the date of commencement of the Enemy Property Act, 1968 (hereinafter referred to
as the principal Act), 34 of 1968. in section 2,-
(i) in clause (b ),-
(I)
for the words "an enemy subject", the words "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" shall be substituted and shall always be deemed to have been
substituted;
(II)
for the words "an enemy firm", the words "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 nationality" shall be substituted and shall always be deemed to have been substituted;
(III)
for the words "does not include a citizen of India", the words "does not include a citizen of India otherthan those
citizens ofIndia, being the legal heir and successor of the "enemy" or "enemy subject" or "enemy firm" " shall be
substituted and shall always be deemed to have been substituted;
(IV)
the following Explanations shall be inserted and shall always be deemed to have been inserted at the end,
namely:-
'Explanation I.-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 subject" 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.
Explanation 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 conferred upon him under any law for the time being in force.';
(ii) in clause (c), in the proviso,-
(I)
after the words "dies in the territories to which this Act extends", the words "or dies in any territory outside India"
shall be inserted and shall always be deemed to have been inserted;
(II)
the following Explanations shall be inserted and shall always be deemed to have been inserted at the end,
namely:-
'Explanation 1.- For the purposes of this clause, it is hereby clarified that "enemy property" 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 ofIndia or
the citizen of a country which is not an enemy, continue and always be deemed to be continued as an enemy
property.
Explanation 2.- For the purposes of this clause, the expression "enemy property" shall mean and include and shall
be deemed to have always meant and included all rights, titles and interest in, or any benefit arising out of, such
property. ' .
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3. Amendment of section 5. On and from the date of commencement of the principal Act, in section 5, after sub-section (2),
the following shall be inserted, and shall always 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, save as otherwise provided in this Act, vested in the Custodian.
Explanation.-For the purposes of this sub-section, "enemy property vested in the Custodian" shall include and
always- deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property
vested in him under this Act.' .
4. 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, vests in him under this Act and
issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein.".
5. Insertion of new. section 5B. Issue of certificate by Custodian. On and from the date of commencement of the principal Act,
after section 5A (as so inserted by section 4 of this Ordinance), the following shall be inserted and shall always be deemed to have been
inserted, namely:-
'5B. Law of succession or any custom or usage not to apply to enemy property. Nothing contained in any law for the time
being in force relating to succession or any custom or usage governing succession of property shall apply in relation to the enemy
property under this Act and no person (including his legal heir and successor) shall have any right and shall be deemed not to have any
right (including all rights, titles and interests or any benefit arising out of such property) in relation to such enemy property.
Explanation.-For the purposes of this section, the expressions "custom" and "usage" signify any rule which, having been
continuously and uniformly observed for a long time, has obtained the force of law in the matters of succession of property.' .
6. Amendment of section 6. On and from the date of commencement of the principal Act, for section 6 of the principal Act, the
following section shall be substituted and shall always be deemed to have been substituted, namely:-
"6. Prohibition to transfer any property vested in Custodian by an enemy, enemy subject or enemy firm. (1) No enemy
or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the
Custodian under this Act, whether before or after the commencement of this Act and any transfer of such property shall be void and
shall always be deemed to have been void.
(2) Where any property vested in the Custodian under this Act had been transferred, before the commencement of the Enemy
Property (Amendment and Validation) Ordinance, 2016, by an enemy or enemy subject or enemy firm and such transfer has been
declared, by an order, made by the Central Government, to be void, and the property had been vested or deemed to have been vested
in the Custodian [ by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the Enemy Property
(Amendment and Validation) Ordinance, 2016] such property shall, notwithstanding anything contained in any judgment, decree or
order of any court, tribunal or other authority, continue to vest or be deemed to have been vested in the Custodian and no person
(including an enemy or enemy subject or enemy firm) shall have any right or deemed to have any right (including all rights, titles and
interests or any benefit arising out of such property) over the said property vested or deemed to have been vested in the Custodian." .
7. Amendment of section 8. In section 8 of the principal Act,-
(i)
On and from the date of commencement of the principal Act, for sub-section (1), the following sub-section shall be
substituted and shall always be deemed to have been substituted, namely:-
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"(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 till it is
disposed of in accordance with the provisions of this Act.";
(ii) 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 the unauthorised or illegal occupant or
trespasser and remove unauthorised or illegal constructions, if any.' .".
8. Insertion of new section 8A. After section 8 of the principal Act, the following section shall be inserted, namely:-
"8A. Sale of property by Custodian. (1) Notwithstanding anything contained in any judgment, decree or order of any court,
tribunal or other authority or any law for the time being in force, the Custodian may, within such time as may be specified by the Central
Government in this behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the Central Government,
by general or special order, enemy properties vested in him immediately before the date of commencement of the Enemy Property
(Amendment and Validation) Ordinance, 2016 in accordance with the provisions of this Act, as amended by the Enemy Property
(Amendment and Validation) Ordinance, 2016.
(2) The Custodian may, for the purpose of disposal of enemy property under sub-section (1), make requisition of the services of
any police officer to assist him and it shall be the duty of such officer to comply with such requisition.
(3) The Custodian shall, on disposal of enemy property under sub-section (1) immediately deposit the sale proceeds into the
Consolidated Fund of India and intimate details thereof to the Central Government.
(4) The Custodian shall send a report to the Central Government at such intervals, as it may specify, for the enemy properties
disposed of under sub-section (1), containing such details, (including the price for which such property has been sold and the particulars
of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the
Consolidated Fund of India) as it may specify.
(5) The Central Government may, by general or special order, issue such directions to the Custodian on the matters relating to
disposal of enemy property under sub-section (1) and such directions shall be binding upon the Custodian and the buyer of the enemy
properties referred to in that sub-section and other persons connected to such sale or disposal.
(6) The Central Government may, by general or special order, make such guidelines for disposal of enemy property under sub-
section (1).
(7) Notwithstanding anything contained in this section, the Central Government may direct that disposal of enemy property
under sub-section (1) shall be made by any other authority or Ministry or Department instead of Custodian and in that case all the
provisions of this section shall apply to such authority or Ministry or Department in respect of disposal of enemy property under sub-
section (1).
(8) Notwithstanding anything contained in sub-sections (1) to (7), the Central Government may deal with or utilise the enemy
property in such manner as it may deem fit.".
9. Insertion of new section 10A. After section 10 of the principal Act, the following section shall be inserted, namely:-
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"10A. Power to issue certificate of sale. (1) Where the Custodian proposes to sell any enemy immovable property vested in
him, 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.".
10. 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, (5 of 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;
(c)
compelling the production of books, documents and other records; and
(d)
issuing commissions for the examination of witnesses or documents.".
11. Amendment of section 17. In section 17 of the principal Act, in sub-section (l), for the words "two per centum", at both the
places where they occur, the words "five per centum" shall be substituted.
12. Substitution of new section for section 18. For section 18 of the principal Act, the following section shall be substituted,
namely:-
"18. Transfer of property vested as enemy property in certain cases. The Central Government may, on receipt of a
representation from a person, aggrieved by an order vesting a property as enemy property in the Custodian within a period of thirty days
from the date of receipt of such order and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy
property vested in the Custodian under this Act and remaining with him was not an enemy property, 'it may by general or special order,
direct the Custodian that such property vested as enemy property in the Custodian may be transferred to the person from whom such
property was acquired and vested in the Custodian.".
13. Insertion of new section 18A. On and from the date of commencement of the principal Act, after section 18 (as so
substituted by section 12 of this Ordinance), the following section shall be inserted and shall always 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 transferred by way of sale under section 8A or section 18, as the case may be, to any
other person, be returned or liable to be returned to such person or any other person.".
14. Insertion of new section 18B. After section 18A of the principal Act, (as so inserted by section 13 of this Ordinance), the
following section shall be inserted, namely:-
"18B. Bar of jurisdiction. No civil court or other authority shall entertain any suit or other proceeding in respect of any
property, subject matter of this Act as amended by the Enemy Property (Amendment and Validation) Ordinance, 2016, or any action
taken by the Central Government or the Custodian in this regard.".
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15. Amendment of section 20. In section 20 of the principal Act, for the words "five hundred rupees" at both the places where
they occur, the words "ten thousand rupees" shall be substituted.
16. Amendment of section 22. On and from the date of commencement of the principal Act, in section 22 of the principal Act,
after the words "for the time being in force", the brackets and words "(including any law of succession or any custom or usage in relation
to succession of property)" shall be inserted and shall always be deemed to have been inserted.
17. Insertion of section 22A. After section 22 of the principal Act, the following section shall be inserted and shall always be
deemed to have been inserted with effect from the 2nd July, 2010, namely:-
"22A. Validation. Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other
authority,-
(a)
the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Ordinance, 2016, shall
have and shall always be deemed 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, 2016, 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;
(c)
no suit or other proceedings shall, without prejudice to the generality of the foregoing 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,
2016, 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, 2016, shall be deemed to be null and void and notwithstanding such transfer, continue to
vest in the Custodian under this Act.".
18. Amendment of section 23. In section 23 of the principal Act, in sub-section (2), clause (d) shall be omitted.
19. Power to removal of difficulty. (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended
by the Enemy Property (Amendment and Validation) Ordinance, 2016, the Central Government may, by order, published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act, as amended by the Enemy Property (Amendment and
Validation) Ordinance, 2016, or the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (40 of 1971) as
amended by the Enemy Property (Amendment and Validation) Ordinance, 2016, as may appear to be necessary for removing the
difficulty:
Provided that no such order shall be made under this section after the expiry of two years from the date on which the Enemy
Property (Amendment and Validation) Bill, 2016, replacing the Enemy Property (Amendment and Validation) Ordinance, 2016, receives
the assent of the President.
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(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House
of Parliament.
20. Amendment of sections 2 and 3 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.";
(14 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 (14 of 1968) shall be deemed to have been appointed as the Estate Officer in respect of those enemy
property, being the public premises, 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.".
21. Savings. Notwithstanding the cessation of the operation of the Enemy Property (Amendment and Validation) Ordinance,
2010, (Ord. 4 of 2010) anything done or any action taken under the Enemy Property Act, 1968, (34 of 1968) or the Public Premises
(Eviction of Unauthorised Occupants) Act, 1971, (40 of 1971) as amended by the Enemy Property (Amendment and Validation)
Ordinance, 2010, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by the
Enemy Property (Amendment and Validation) Ordinance, 2010, as if the provisions of this Act, as amended by the said Ordinance had
been in force at all material times.
PRANAB MUKHERJEE,
President.
DR. G. NARAYANA RAJU.
Secretary to the Govt. of India.
P.R. 26
SC - 20
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 2nd April, 2016/Chaitra 13, 1938 (Saka)
THE ENEMY PROPERTY (AMENDMENT AND VALIDATION)
SECOND ORDINANCE, 2016
No. 3 OF 2016
Promulgated by the President in the Sixty-seventh Year of the Republic ofIndia.
An Ordinance further to amend the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971.
WHEREAS the Enemy Property (Amendment and Validation) Ordinance, 2016 was promulgated by the President on the ih day
of January, 2016; .
AND WHEREAS the Enemy Property (Amendment and Validation) Bill, 2016 to replace the Enemy Property (Amendment and
Validation) Ordinance, 2016 has been passed by the House of the People and is pending in the Council of States:
AND WHEREAS the Enemy Property (Amendment and Validation) Bill. 2016 has been referred to the Select Committee of the
Rajya Sabha for examination and report and is pending before the said Committee;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary
for him 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)
Second Ordinance, 2016.
(2) Save as otherwise provided, it shall be deemed to have come into force on the ih day of January, 2016.
2. Amendment of section 2. 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 2,---,
(i) in clause (b),
(I)
for the words "an enemy subject", the words "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" shall be substituted and shall always be deemed to have been
substituted;
(II)
for the words "an enemy firm", the words "an enemy firm, including its succeeding firm whether or not partners or
members of such succeeding firm are citizens of India or citizens of a country which is not an enemy or such firm
which has changed its nationality" shall be substituted and shall always he deemed to have been substituted:
(III) for the words "does not include a citizen of India". the words ' "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" , shall be
substituted and shall always be deemed to have been substituted;
(IV) the following Explanations shall be inserted and shall always be deemed to have been inserted at the end,
namely:-
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Explanation I.-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 subject" 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.
Explanation 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 conferred upon him under any other law for the time being in force.';
(ii) in clause (c), in the proviso,
(I)
after the words "dies in the territories to which this Act extends", the words "or dies in any territory outside India"
shall be inserted and shall always be deemed to have been inserted;
(II)
the following Explanations shall be inserted and shall always be deemed to have been inserted at the end, namely--
'Explanation l.- For the purposes of this clause, it is hereby clarified that "enemy property" 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 and always be deemed to be continued as an enemy property.
Explanation 2.-For the purposes of this clause, the expression "enemy property" shall mean and include and shall be deemed to
have always meant and included all rights, titles and interest in, or any benefit arising out of, such property.' .
3. Amendment of section 5. On and from the date of commencement of the principal Act, in section 5, after sub-section (2),
the following shall be inserted, and shall always 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, save as otherwise provided in this Act, vested
in the Custodian.
Explanation.-For the purposes of this sub-section, "enemy property vested in the Custodian" shall include and shall always be
deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this Act. ' .
4. 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, vests in him under this Act and
issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein. ".
5. Insertion of new section 5B. On and from the date of commencement of the principal Act, after section 5A (as inserted by
section 4 of Enemy Property (Amendment and Validation) Ordinance, 2016, the following shall be inserted and shall always be deemed
to have been inserted, namely-- ---
'5B. Law of succession or any custom or usage not to apply to enemy property. Nothing contained in any law for the time
being in force relating to succession or any custom or usage governing succession of property shall apply in relation to the enemy
property under this Act and no person (including his legal heir and successor) shall have any right and shall be deemed not to have any
right (including all rights, titles and interests or any benefit arising out of such property) in relation to such enemy property.
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Explanation.-Fot the purposes of this section, the expressions "custom" and "usage" signify any rule which, paving been
continuously and uniformly observed for a long time, has obtained the force of law in the matters of succession of property.
6. Amendment of section 6. On and from the date of commencement of the principal Act, for section 6 of the principal Act, the
following section shall be substituted and shall always be deemed to have been substituted, namely.-
"6. Prohibition to transfer any property vested in Custodian by an enemy, enemy subject or enemy firm. (1) No enemy
or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the
Custodian under this Act, whether before or after the commencement of this Act and any transfer of such property shall be void and
shall always be deemed to have been void.
(2) Where any property vested in the Custodian under this Act had been transferred, before the commencement of the Enemy
Property (Amendment and Validation) Second Ordinance, 2016, by an enemy or enemy subject or enemy firm and such transfer has
been declared, by an order, made by the Central Government, to be void, and the property had been vested or deemed to have been
vested in the Custodian [by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the Enemy
Property (Amendment and Validation) Second Ordinance. 2016] such property shall. notwithstanding anything contained in any
judgment, decree or order of any court, tribunal or other authority. continue to vest or be deemed to have been vested in the Custodian
and no person (including an enemy or enemy subject or enemy firm) shall have any right or deemed to have any right (including all
rights, titles and interests or any benefit arising out of such property) over the said property vested or deemed to have been vested in
the Custodian.".
7. Amendment of section 8. In section 8 of the principal Act,-
(i)
On and from the date of commencement of the principal Act, for sub-section (1), the following sub-section shall be
substituted and shall always be deemed to have been substituted, namely.-
"(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 till it is
disposed of in accordance with the provisions of this Act.";
(ii) 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 the unauthorised or illegal occupant or
trespasser and remove unauthorised or illegal constructions, if any; ".
8. Insertion of new section 8A. After section 8 of the principal Act. the following section shall be inserted. namely:
“8A. Sale of property by Custodian. (1) Notwithstanding anything contained in any judgment. decree or order of anv court,
tribunal or other authority or any law for the time being in force. the Custodian may. within such time as may be specified by the Central
Government in this behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the Central Government,
by general or special order, enemy properties vested in him immediately before the date of commencement of the Enemy Property
(Amendment and Validation) Second Ordinance, 2016 in accordance with the provisions of this Act, as amended by the Enemy Property
(Amendment and Validation) Second Ordinance, 2016.
(2) The Custodian may, for the purpose of disposal of enemy property under sub-section (1), make requisition of the services of
any police officer to assist him and it shall be the duty of such officer to comply with such requisition.
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(3) The Custodian shall, on disposal of enemy property under sub-section (1) immediately deposit the sale proceeds into the
Consolidated Fund of India and intimate details thereof to the Central Government.
(4) The Custodian shall send a report to the Central Government at such intervals, as it may specify, for the enemy properties
disposed of under sub-section (1), containing such details, (including the price for which such property has been sold and the particulars
of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the
Consolidated Fund of India) as it may specify.
(5) The Central Government may, by general or special order, issue such directions to the Custodian on the matters relating to
disposal of enemy property under sub-section (1) and such directions shall be binding upon the Custodian and the buyer of the enemy
properties referred to in that sub-section and other persons connected to such sale or disposal.
(6) The Central Government may. by general or special order, make such guidelines for disposal of enemy property under sub-
section (1).
(7) Notwithstanding anything contained in this section, the Central Government may direct that disposal of enemy property
under sub-section (1) shall be made by any other authority or Ministry or Department instead of Custodian and in that case all the
provisions of this section shall apply to such authority or Ministry or Department in respect of disposal of enemy property under sub-
section (1).
(8) Notwithstanding anything contained in sub-sections (1) to (7), the Central Government may deal with or utilise the enemy
property in such manner as it may deem fit.".
9. Insertion of new section 10A. After section 1 0 of the principal Act, the following section shall be inserted, namely.-
"10A. Power to issue certificate of sale. (1) Where the Custodian proposes to sell any enemy immovable property vested in
him, 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.".
10. 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, (5 of 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;
(c)
compelling the production of books, documents and other records; and
(d)
issuing commissions for the examination of witnesses or documents.".
11. 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.
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12. Substitution of new section for section 18. For section 18 of the principal Act, the following section shall be substituted,
namely:
"18. Transfer of property vested as enemy property in certain cases. The Central Government may, on receipt of a
representation from a person, aggrieved by an order vesting a property as enemy property in the Custodian within a period of thirty days
from the date of receipt of such order and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy
property vested in the Custodian under this Act and remaining with him was not an enemy property. it may by general or special order,
direct the Custodian that such .property vested as enemy property in the Custodian may be transferred to the person from whom such
property was acquired and vested in the Custodian.".
13. Insertion of new section 18A. On and from the date of commencement of the principal Act. after secnon 18 las substituted
by section 12 of Enemy Propert (Amendment and Validation) Ordinance. 2016], (Ord. 1 of 2016) the following section shall be inserted
and shall always be deemed to have been inserted, namclv:
"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 transferred by way of sale under section 8A or section 18, as the case may be, to any
other person, be returned or liable to be returned to such person or any other person.".
14. Insertion of new section 18B. After section 18A of the principal Act [as inserted by section 13 of the Enemy Property
(Amendment and Validation) Ordinance, 2016], (Ord. 1 of 2016) the following section shall be inserted, namely;
"18B. Bar of jurisdiction. No civil court or other authority shall entertain any suit or other proceeding in respect of any property,
subject-matter of this Act as amended by the Enemy Property (Amendment and Validation) Second Ordinance, 2016, or any action
taken by the Central Government or the Custodian in this regard.".
15. Amendment of section 20. In section 20 of the principal Act, for the words "five hundred rupees" at both the places where
they occur, the words "ten thousand rupees" shall be substituted.
16. Amendment of section 22. On and from the date of commencement of the principal Act, in section 22 of the principal Act,
after the words "for the time being in force", the brackets and words "(including any law of succession or any custom or usage in relation
to succession of property)" shall be inserted and shall always be deemed to have been inserted.
17. Insertion of new section 22A. After section 22 of the principal Act, the following section shall be inserted and shall always
be deemed to have been inserted with effect from the 2nd July, 2010, narnely.-
"22A. Validation. Notwithstanding anything contained in any judgment, decree or order of any court. tribunal or other authoritv.
(a)
the provisions of this Act, as amended b) the Enemy Property (Amendment and Validation) Second Ordinance,
2016, shall have and shall always be deemed 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) Second Ordinance,
2016, 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;
(c)
no suit or other proceedings shall, without prejudice to the generality of the foregoing 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
¨sÁUÀ 4
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5 of this Act, as it stood before the commencement of the Enemy Property (Amendment and Validation) Second
Ordinance, 20] 6, 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 111 the Custodian, by virtue of any order of attachment. seizure or sale
in execution of decree of a civil court or orders of anv 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) Second Ordinance . .2016. shall be deemed to be null and void and notwithstanding such transfer.
continue to vest in the Custodian under this Act.".
18. Amendment ot section 23. In section 23 of the principal Act, in sub-section (2) clause (d) shall he omitted.
19. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by
the Enemy Property (Amendment and Validation) Second Ordinance, 2016, the Central Government may, by order, published in the
Official Gazette, make such provisions not inconsistent with the provisions of this Act, as amended by the Enemy Property (Amendment
and Validation) Second Ordinance, 2016, or the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (40 of 1971) as
amended by the Enemy Property (Amendment and Validation) Second Ordinance, 2016, as may appear to be necessary for removing
the difficulty:
Provided that no such order shall be made under this section after. the expiry of two years from the date on which the Bill
replacing the Enemy Property (Amendment and Validation) Second Ordinance, 2016, receives the assent of the President.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
20. Amendment of sections 2 and 3 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 prov iso 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 968) shall be deemed to have been appointed as the Estate Officer in respect of those following
sub-clause shall be inserted, namely :-
“(4) any premises of the enemy property as defined in clause © of section 2 of the Enemy Property Act, 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 (14 of 1968) shall be deemed to have appointed as theEstateOfficer in respect of those enemy
property, being the public premises, referred to in sub-clause (4) of clause (e) of section 2 of this Act for which they had been appointed
as theCustodian, Deputy Custodian and AssistantCustodian under section 3 of the Enemy Property Act, 1968.”.
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21. Savings. Notwithstanding the cessation of the operation of the Enemy Property (Amendment and Validation) Ordinance.
2010. (Ord. 4 of 2010) anything done or any action taken under the Enemy Property Act 1968 (34 of 1968) or the Public Premises
(Eviction of Unauthorised Occupants) Act, 1971, (40 of 1971) as amended by the Enemy Property (Amendment and Validation)
Ordinance, 2010, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by the
Enemy Property (Amendment and Validation) Ordinance, 2010, as if the provisions of this Act, as amended by the said Ordinance had
been in force at all material times.
PRANAB MUKHERJEE,
President.
DR. G. NARAYANA RAJU.
Secretary to the Govt. of India.
P.R. 27
SC - 20
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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ
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ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th May, 2016/Jyaistha 3, 1938 (Saka)
THE INDIAN MEDICAL COUNCIL (AMENDMENT) ORDINANCE, 2016
No. 4 OF 2016
Promulgated by the President in the Sixty-seventh 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 him
to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (l) 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 caned the Indian Medical Council (Amendment) Ordinance,
2016.
(2) It shall come into force at once.
2. Insertion of new section 10D. In the Indian Medical Council Act, 1956 (102 0f 1956) (hereinafter referred to as the principal
Act), after section 10C, the following section shall be inserted, namely:-
¨sÁUÀ 4
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183
"10D. Uniform entrance examination for undergraduate and post-graduate level. There shall be conducted a uniform
entrance examination to all medical educational institutions at the undergraduate level and post-graduate level through such designated
authority in Hindi, English and such other languages and in such manner as may be prescribed and the designated authority shall
ensure the conduct of uniform entrance examination in the aforesaid manner:
Provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply in relation to the
uniform entrance examination at the undergraduate level for the academic year 2016-2017 conducted in accordance with any
regulations made under this Act in respect of State Government seats (whether in Government medical college or in a private medical
college) where such-State has not opted for such.examination.".
3. Amendment of section 33. In section 33 of the principal Act, after clause (ma), the following clause shall be inserted,
namely:-
"(mb)
the designated authority, other languages and the manner of conducting of uniform entrance examination to all
medical educational institutions at the undergraduate level and post-graduate level;".
PRANAB MUKHERJEE,
President.
DR. G. NARAYANA RAJU.
Secretary to the Govt. of India.
RAM DAYAL
Digitally signed by RAM DAYAL
Date: 2016.05.24
17:10:26 +05'30'
P.R. 25
SC - 20
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PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th May, 2016/Jyaistha 3, 1938 (Saka)
THE DENTISTS (AMENDMENT) ORDINANCE, 2016
No. 5 OF 2016
Promulgated by the President in the Sixty-seventh Year of the Republic ofIndia.
An Ordinance further to amend the Dentists Act, 1948.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him
to take immediate action;
184
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¨sÁUÀ 4
Now, THEREFORE, in exercise of the powers conferred by clause (1) Df 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 Dentists (Amendment) Ordinance, 2016.
(2) It shall come into. force at once.
2. Insertion of new section 10D. In the Dentists Act, 1948 (16 of l948 ) (hereinafter referred to as the principal Act), after
section 10C, the following section shall be inserted, namely:-
"10D. Uniform entrance examination for undergraduate and post-graduate level. There shall be conducted a uniform
entrance examination to all dental educational institutions at the undergraduate level and post-graduate level through such designated
authority in Hindi, English and such other languages and in such manner as may be prescribed and the designated authority shall
ensure the conduct of uniform entrance examination in the aforesaid manner:
Provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the
uniform entrance examination at the undergraduate level for the academic year 2016-2017 conducted in accordance with any
regulations made under this ACt, .in respect of State Government seats (whether in Government dental college or in private dental
college) where such State has not opted for such examination.
3. Amendment of section 20. In section 20 of the principal Act, after clause (h), the following clause shall be inserted, namely:-
"(ha) the designated authority, other languages and the manner of conducting of uniform entrance examination to all
dental educational institutions at the undergraduate level and post-graduate level;"
PRANAB MUKHERJEE,
President.
DR. G. NARAYANA RAJU.
Secretary to the Govt. of India.
RAM DAYAL
Digitally signed by RAM DAYAL
Date: 2016.05.24
17:14:56 +05'30'
P.R. 28
SC - 20
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