Enemy Property Ordinance-GS-2

Introduction

  • The Union Cabinet  gave ‘post facto approval’ to the ordinance, a first in the independent parliamentary history of the country, promulgated by President to amend the Enemy Property Act.
  • The amended provisions are to guard against claims of succession or transfer of properties left by people who migrated to Pakistan and China after the wars in 1965 and 1962.
  • Thanks to the amended version now, once a property is deemed as enemy property, no claims of ownership will be entertained, even if classification of the enemy changes in due course of time.
The Enemy Property (Amendment and Validation) Bill, 2016
Highlights of the Bill

  • The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property in the Custodian
  • The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This applies retrospectively to transfers that have occurred before or after 1968.
  • The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.

Key Issues and Analysis

  • The Act allows transfer of enemy property from the enemy to other persons. The Bill declares all such transfers as void. This may be arbitrary and in violation of Article 14 of the Constitution.
  • The Bill prohibits civil courts from entertaining any disputes with regard to enemy property. It does not provide any alternative judicial remedy (eg. tribunals). Therefore, it limits judicial recourse or access to courts available to aggrieved persons.

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