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Section17
The Enemy Property Act, 1968

Levy of fees

In force From 10 Jul 1968 Act 34 of 1968 As on 20 Oct 2026

Act 34 of 1968 Ministry Home Affairs Enacted 20 Aug 1968 In force 10 Jul 1968 Cited by 1 provision

Section 17 of the Enemy Property Act, 1968 deals with levy of fees. There shall be levied by the Custodian fees equal to [five per centum] of— (a) the amount of moneys paid to him; The Act came into force on 10 Jul 1968.

There shall be levied by the Custodian fees equal to 1[five per centum] of—

(a) the amount of moneys paid to him;

(b) the proceeds of the sale or transfer of any property which has been vested in him under this Act; and

(c) the value of the residual property, if any, at the time of its transfer to the original owner or other person specified by the Central Government under section 18:

Provided that in the case of an enemy whose property is allowed by the Custodian to be managed by some person specially authorised in that behalf, there shall be levied a fee of 2[five per centum] of the gross income of the enemy or such less fee as may be specifically fixed by the Central Government after taking into consideration the cost of direct management incurred by that Government, the cost of superior supervision and any risks that may be incurred by that Government in respect of the management:

Provided further that the Central Government may, for reasons to be recorded in writing, reduce or remit the fees leviable under this sub-section in any special case or class of cases.

Explanation.—In this sub-section “gross income of the enemy” means income derived out of the properties of the enemy vested in the Custodian under this Act.

(2) The value of any property for the purpose of assessing the fees shall be the price which, in the opinion of the Central Government or of an authority empowered in this behalf by the Central Government, such property would fetch if sold in the open market.

(3) The fees in respect of property may be levied out of any proceeds of the sale or transfer thereof or out of any income accrued therefrom or out of any other property belonging to the same enemy and vested in the Custodian under this Act.

(4) The fees levied under this section shall be credited to the Central Government.

Section 17, The Enemy Property Act, 1968 (Act 34 of 1968).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 18 Transfer of property vested as enemy property in certain cases

Referred to by 1

  1. s. 8 Powers of Custodian In respect of enemy property vested in him

Questions about Section 17

What does Section 17 of the Enemy Property Act deal with?

Section 17 of the Enemy Property Act is headed "Levy of fees". There shall be levied by the Custodian fees equal to [five per centum] of— (a) the amount of moneys paid to him;

How do I find court cases under Section 17 of the Enemy Property Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Enemy Property Act 1968 17, section 17 Enemy Property Act 1968, section 17 of the Enemy Property Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 17 of the Enemy Property Act, and has it changed?

Its own text turns on section 18 (Transfer of property vested as enemy property in certain cases), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When did Section 17 of the Enemy Property Act come into force?

Section 17 of the Enemy Property Act, cited as Enemy Property Act 1968 17, came into force on 10 Jul 1968, having been enacted on 20 Aug 1968. It is in force as at the date shown on this page.

Other sections of this Act

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. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.