Enemy Property Act, 1968

Enemy Property Act, 1968: Enemy property refers to the assets abandoned in India by individuals who acquired citizenship in Pakistan and China. The Enemy Property Act was passed by the Indian Parliament in 1968 after the 1965 war with Pakistan and the 1962 Sino-Indian war with China. It authorizes and regulates the seizure of property owned by Pakistani and Chinese nationals in India.

After the Indo-Pakistan War in 1965, the act was passed. The act states that, under the direction of the Home Ministry, the enemy property is constantly vested to the Custodian of Enemy Property for India (CEPI). The Custodian, operating on behalf of the Central government, owns enemy properties spread among the country’s various states.

In this article, you will learn about the Enemy Property Act, of 1968, its history, amendment, purpose, and criticism.

What is the Enemy Property Act of 1968

Properties left behind by people who acquired Pakistani or Chinese citizenship are called Enemy Properties. These properties are regulated by the Enemy Property Act of 1968. The Ministry of Home Affairs is responsible for carrying out the provisions of this law. A government agency in India called the Custodian of Enemy Property for India has the power to seize properties owned by Pakistani people in India.

The battles India fought in the 1960s against China and Pakistan led to the enactment of the Enemy Property Act. It was passed in response to the Chinese incursion of 1962 and went into effect following the India-Pakistan War of 1965. It gave the Indian government permission to choose a Custodian for the assets owned by Chinese and Pakistani residents residing in India.

Historical Background of Enemy Property Act

When war broke out with China in 1962, 1965, and 1971, the Indian government seized the belongings of Chinese citizens and Pakistani citizens according to the Defense of India Acts (with Pakistan). A country was deemed an “Enemy” under these regulations if it committed crimes against India and its people.

Their residences had been designated as “enemy properties.” Properties include things like real estate, structures, precious metals like gold and jewelry, and company shares. A provision in the Tashkent Declaration of January 10, 1966, mandated India and Pakistan to consider returning any assets or property that had been taken by either side as a result of warfare. However, all of these structures were demolished by the Pakistani government in 1971.

Enemy Properties Authorities – Custodian of Enemy Property for India

Enemy Property is under the authority of the Custodian of Enemy Property for India (CEPI). The custodian’s headquarters are in Delhi, and it also has branch offices in Mumbai, Lucknow, and Calcutta. Mr. Saurav Ray is India’s current Custodian of Enemy Property (CEPI). The CEPI Office is officially recognized by the Enemy Property Act of 1968 as a statutory authority and a division of the Ministry of Home Affairs as updated in 2017.

The Custodian of Enemy Property for India appointed or deemed to have been appointed under section 3 is referred to as the “Custodian” in Section 2(a) of the Enemy Property of India Act. The Custodian of Enemy Property for India also functions as a civil court by the Civil Procedure Court, 1908, as stated in Section 11 of the Act. Section 18(c) of the Act states that anyone who feels wronged by an order made by the Central Government under section 18 of this Act may file an appeal with the High Court within sixty days of the date the appeal was communicated or received.

India’s approach to the Enemy Property

India and Pakistan were supposed to talk about giving back the assets and property that their respective governments had appropriated, according to a clause in the Tashkent Declaration from January 10, 1966. However, in 1971, the Pakistani government broke the agreement by selling properties that their citizens from India had left behind.

As a result, India also did not give the Pakistani nationals who had left their property in India their enemy property back. An estimated 126 Chinese nationals are thought to own properties in India, primarily in the states of West Bengal and Meghalaya.

Data of Indian Enemy Property

The following are the details of Indian Enemy Property:

• Properties left behind by Pakistani nationals: 9280
• Properties left behind by Chinese nationals: 126

Location of Properties:

• Uttar Pradesh – 4991
• Meghalaya – 57
• West Bengal – 2735 (Pakistani Nationals)
• West Bengal – 29 (Chinese Nationals)
• Delhi – 487
• Assam – 7

Amendment in Enemy Property Act, 1968

The Enemy Property Amendment and Validation Bill passed in 2017, revised the Public Premises Act of 1971 and the Enemy Property Act of 1968. The main beneficiaries of the Act are the descendants of those who left behind property when they migrated to China and Pakistan during and after the partition.

• According to the Act, it is forbidden to transfer any “enemy property.” Transfers that took place before or after 1968 are also covered subsequently.
• It stops civil courts and other authorities from hearing cases involving properties owned by enemies.
• This Act additionally designates some mobile assets as enemy property.
• According to the Act, enemy property will always belong to the Custodian even whether the rightful successor is an Indian citizen or a citizen of a non-aggressive nation.
• The Custodian will still be the owner of the enemy property even if the adversary or “enemy firm” ceases to exist because of death, extinction, winding up of business, or change of nationality.
• As long as the government gives its approval and the Custodian follows its instructions, they can dispose of “enemy property” in a way that meets with the Act’s conditions.

Enemy Property Act 2017

The Enemy Property Act of 2017, which amended the existing legislation, defines enemy property as any property linked to an enemy, enemy subject, or enemy firm. The amended act explicitly prevents legal heirs of individuals who migrated to China and Pakistan during the partition from making claims on properties left in India by their ancestors. This law excludes enemy properties from the normal rules of succession, denying legal heirs any entitlement to such assets.

Purpose of Amendment in Enemy Property Act 1968

The Act was amended to protect against succession claims and the transfer of properties left behind by those who fled to China and Pakistan following the conflicts. Legal heirs are not granted any rights over enemy property as a result of the modifications. The amendment’s main objective was to nullify the impact of any court ruling on “enemy firms” and “enemy property.”

Supreme Court Judgement in Enemy Property Act

In the case of Hamida Begum vs Custodian, M.K. Rangachari and Others, the court recognized that the keeper of the Enemy Property was just its guardian and not its owner. Hamida Begum owns a home called Kishori Court in the posh Worli Sea Face district of Mumbai. To recover municipal taxes, the tax office put the house up for sale in the 1960s. The Custodian of Enemy Property regained title of the property despite the transaction being annulled. All Enemy Property is owned by the Custodian, under the government amendment as of 1968.

Criticism of the Enemy Property Act, 1968

The 2017 Enemy Property Act update nullifies any permitted sales of Enemy Property made by adversaries since 1968.

• This suggests that the risk of losing the asset now exists for someone who bought the property from an adversary when the transaction and purchase were lawful and they did so in good faith.
• Article 14, which guarantees the right to equality and protects citizens from the unreasonable acts of their government, allows for a legal challenge to this matter.
• Indians who are rivals’ legal heirs are enemies since they are not allowed to inherit their assets.
• Conflicts regarding Enemy Property sometimes do not require hearings in civil courts or by other authorities.
• Also, after the Bill is passed, the Supreme Court and the High Courts will be the only courts with authority over disputes involving Enemy Property, significantly limiting the options available to anyone whose property rights have been violated.

Enemy Property Act Latest News

The following are some of the recent data regarding Enemy Property Act 1968:

• The government announced that the Custodian of Enemy Property in India presently holds enemy shares in 302 corporations and up to 12,426 immovable properties worth about Rs. 1 lakh crore across the nation.
• The states of Uttar Pradesh (5936), West Bengal (4301), Delhi (659), and Goa (295) have the highest concentration of enemy properties.
• The enemy properties are spread among India’s 23 states and union territories.
• 126 Chinese nationals and 9,280 Pakistani nationals were reported to have abandoned enemy properties in 2018.
• The government intended to dispose of enemy holdings, and to that end, two committees led by high-ranking officials would be established.

Summary – Enemy Property Act, 1968

In conclusion, the Enemy Property Act has been used to seize possessions by nations other than India. Bangladesh, India’s neighbour, has used its Enemy Property Act to take 26 lakh acres of Hindu land away from them. China has voiced concerns about India’s modified Enemy Property Act because, if both nations engage in a military conflict, Chinese authorities believe the Indian government will seize the assets of Chinese firms operating in India.

FAQs on Enemy Property Act, 1968

1. What is the Enemy Property Act 1968?

The Enemy Property Act was passed by the Indian Parliament in 1968. It authorizes and regulates the seizure of property owned by Pakistani nationals in India. The act was passed after the 1965 Indo-Pakistani War.

2. What is meant by enemy property?

Properties left behind by people who acquired Pakistani or Chinese citizenship are called “Enemy Properties.” These properties are regulated by the Enemy Property Act of 1968.

3. What is the custody of enemy property?

Under the Enemy Property Act of 1968, an Indian government entity known as the Custodian of Enemy Property for India has the authority to seize property owned by Pakistani residents in India.

4. What is Section 18 of enemy property?

Section 18(c) of the Act states that anyone who feels wronged by an order made by the Central Government under section 18 of this Act may file an appeal with the High Court within sixty days of the date the appeal was communicated or received.

5. What is the enemy property amendment act 2017?

The amendment made it clear that, in the event of the enemy’s demise or change in status, the Custodian would still be the rightful owner of the enemy’s properties. It also increased the Custodian’s authority.