The Enemy Property (Amendment and Validation) Second Bill, 2010 seeks to amend the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. This Bill was put in place to replace the Enemy Property (Amendment and Validation) Ordinance, 2010 which lapsed on 6th September, 2010.
The Bill was referred to the Standing Committee on Home Affairs
(Chairperson: Shri M. Venkaiah Naidu). The Committee is expected to
submit its report by July 15, 2011.
Highlights of the Bill
- The Bill seeks to amend the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
- The Bill provides for continued vesting of enemy properties in the Custodian of Enemy Property until divested by the government.
- Under the Bill, property “vested in the custodian” includes titles, rights and interest in or benefit arising out of the property.
- Any enemy property divested through a court order will be re-vested in the Custodian unless the owner or heir can furnish proof that he is a citizen of India by birth.
Key Issues and Analysis
- The Bill discriminates between citizens on the basis of birth, which may violate Article 15 of the Constitution.
Read the complete analysis here
- The Bill allows the Custodian to collect money on a property even after divesting it.