The Enemy Property Act, 1968
An Act to provide for the continued vesting of enemy property vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962 and the Defence of India Rules, 1971, and for matters connected therewith.
Administered by. Ministry of Home Affairs, Department of Internal Security · Other Acts of 1968
Preamble
THE ENEMY PROPERTY ACT, 1968
ACT NO. 34 OF 1968
[20th August, 1968.] An Act to provide for the continued vesting of enemy property vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962 1[and the Defence of India Rules, 1971], and for matters connected therewith.
BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:--
What this Act covers
Summary of The Enemy Property Act, 1968
Objective
• Protect and preserve enemy properties situated in India.
• Vest enemy properties in the Custodian of Enemy Property for India for proper management and administration.
• Prevent unauthorized transfer, inheritance, disposal, or misuse of enemy property.
• Ensure that such properties are managed in accordance with the law and in the national interest.
• Provide a legal framework for the identification, control, and disposal of enemy properties.
Key Provisions
• Definition of Enemy and Enemy Property: Defines "enemy," "enemy subject," "enemy firm," and "enemy property" for the purposes of the Act.
• Vesting of Property: Provides that all enemy property shall vest in the Custodian of Enemy Property for India, who exercises control and management over such property.
• Powers of the Custodian: Empowers the Custodian to take possession, manage, preserve, maintain, and protect enemy properties, and to collect rent, income, or other dues arising from them.
• Restriction on Transfer: Declares that transfers of enemy property made in contravention of the Act are void, and prohibits unauthorized sale, mortgage, lease, gift, or other forms of transfer.
• Succession and Inheritance: Clarifies that enemy property continues to remain vested in the Custodian notwithstanding the death of the enemy or claims based on succession or inheritance, as reinforced by the 2017 amendments.
• Powers of the Central Government: Authorizes the Central Government to issue directions regarding the management, preservation, and disposal of enemy property in accordance with the Act.
• Appeals and Legal Proceedings: Provides mechanisms for addressing disputes and bars civil courts from entertaining matters that fall within the authority of the Custodian or the Central Government under the Act.
• Penalties: Prescribes penalties for unauthorized possession, transfer, concealment, or interference with enemy property and for contravention of the provisions of the Act.
Sections
Type to filter. 33 sections.
- 1Short title, extent, application and commencement
- 2Definitions
- 3Appointment of custodian of Enemy property for India and Deputy custodian, etc
- 4Appointment of Inspectors of Enemy property
- 5Property vested in the Custodian of Enemy property for India under the Defence of India Rules, 1962, to continue to vest in Custodian
- 5AIssue of certificate by Custodian
- 5BLaw of succession or any custom or usage not to apply to enemy property
- 6Transfer of property vested in Custodian by enemy on enemy subject or enemy firm
- 7Payment to Custodian of money otherwise payable to an enemy, enemy subject or enemy firm
- 8Powers of Custodian In respect of enemy property vested in him
- 8ASale of Property by Custodian
- 9Exemption from attachment, etc
- 10Transfer of securities belonging to an enemy
- 10APower to issue certificate of sale
- 11Power of Custodian to summon persons and call for documents
- 12Protection for complying with orders of Custodian
- 13Validity of action taken in pursuance of orders of Custodian
- 14Proceedings against companies whose assets vest in Custodian
- 15Returns as to enemy property
- 16Registers of returns
- 17Levy of fees
- 18Transfer of property vested as enemy property in certain cases
- 18AIncome not liable to be returned
- 18BExclusion of jurisdiction of civil courts
- 18CAppeal to High Court
- 19Protection of action taken under the Act
- 20Penalty
- 21Offences by companies
- 22Effect of laws inconsistent with the Act
- 22AValidation
- 23Power to make rules
- 24Certain orders made under the Defence of India Rules, 1962, to continue in force
- 25Repeal and saving
Amending Acts
2 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.
- The Enemy Property (Amendment and Validation) Act, 201734 of 2017
- The Enemy Property (Amendment) Act, 197734 of 1977
Rules made under this Act
5 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.
- Procedure and Mechanism for Disposal of Immovable Enemy Properties Order 20202020
- Notification Guidelines of Disposal of Enemy Property Order, 20192019
- Notification Sale of Enemy Share Order, 20192019
- Enemy Property (Amendment) Rules, 2018, Transfer of Proepry (Vested as Enemy Proeprty in the Custodian) Order, 2018 and Guidelines for Disposal of Enemy Proeprty Order, 20182018
- Enemy Property Rule, 20152015
Related Acts
- The Border Security Force Act, 1968143 sections
- The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 196836 sections
- The Central Industrial Security Force Act, 196824 sections
- The Civil Defence Act, 196822 sections
- The Andhra Pradesh and Mysore (Transfer of Territory) Act, 196819 sections
- The Pondicherry (Extension of Laws) Act, 19687 sections
- The Central Laws (Extension to Jammu and Kashmir) Act, 19686 sections
- The Assam Reorganisation (Meghalaya) Act, 196977 sections
Ordinances
India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.
- The Enemy Property (Amendment and Validation) Ordinance, 2016.amended this Act · 2016
- The Enemy Property (Amendment and Validation) Ordinance, 2010amended this Act · 2010
- Enemy Property (Amendment) Ordinance, 1977amended this Act · 1977
- Enemy Property Ordinance, 1968enacted as this Act · 1968
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 33 sections of this Act has its own page. This page is not a substitute for legal advice.