Preamble - ENEMY PROPERTY (AMENDMENT) RULES, 2018

ENEMY PROPERTY (AMENDMENT) RULES, 2018

PREAMBLE

In exercise of the powers conferred by section 23 of the Enemy Property Act, 1968 (34 of 1968), the Central Government hereby makes the following rules to amend the Enemy Property Rules, 2015, namely:-

Rule 1 - RULE 1

(1) These rules may be called the Enemy Property (Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

Rule 2 - RULE 2

In rule 2 of the Enemy Property Rules, 2015, (hereinafter referred to as the principal rules), -

(A) in sub-rule (1),-

(i) after clause (a), the following clause shall be inserted, namely:-

'(aa) "Annexure" means ANNEXURE-I, ANNEXURE-II and ANNEXURE -III appended to these rules;';

(ii) clause (c) shall be omitted;

(iii) after clause (d), the following clauses shall be inserted, namely:-

'(e) "estate officer" shall have the meaning assigned to it in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971);

(f) "public premises" shall have the meaning assigned to it in sub-clause (4) of clause (e) of section 2 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971);

(g) "rent", "standard rent", "lease rent", "licence fee" or "usage charges", as the case may be, means rent, standard rent, lease rent, licence fee or usage charges payable by the occupant for his occupancy of the enemy property;

(h) "unauthorised occupants" shall have the meaning assigned to it in clause (g) of section 2 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971);';

(B) for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) Words and expressions used in these rules and not defined in the Act or in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971) shall have the meanings respectively assigned to them in those Acts.".

Rule 3 - RULE 3

In rule 3 of the principal rules,-

(a) in sub-rule (1), for the word "enemy", the words ' "enemy" or "enemy subject" " or "enemy firm" shall be substituted;

(b) in sub-rule (2),-

(i) for the words "in the name of an enemy", the words "by the enemy or enemy subject or enemy firm" shall be substituted;

(ii) for the words "including the nationality of the owner thereof", the words "and the name and address and other particulars of the person who is in possession of such property or the name of the occupier or manager or agent of the owner" shall be substituted;

(c) after sub-rule (5), the following sub-rule shall be inserted, namely:-

"(5A) Without prejudice to the provisions contained in this rule, the District Authority shall take all such steps as may be necessary for the purpose of identification of the enemy property.";

(d) for sub-rule (6) ,the following sub-rule shall be substituted, namely:-

"(6) The District Authority or any person authorised by the Custodian shall prepare a detailed report of all cases identified as enemy property and shall submit the same to the Custodian along with his comments thereon.";

(e) sub-rules (7) to (13) shall be omitted;

(f) after sub-rule (14) , the following sub-rule shall be inserted, namely:-

"(15) The Custodian shall maintain a register containing the properties identified as enemy properties and place the same in public domain and also exhibit the same on the website of the office of the Custodian" .

Rule 4 - RULE 4

In rule 4 of the principal rules,-

(a) for sub-rule (1), the following sub-rules shall be substituted, namely:-

"(1) On receipt of the report under sub-rule (6) of rule 3 or any other evidence, the Custodian shall examine and cause further inquiry, if considered necessary."

(1A) On obtaining the required information referred to in sub-rule (5) of rule 3 and on being satisfied that the property or interest therein is prima facie enemy property, the Custodian shall serve or cause a notice to be served in Form 1, on the person claiming title to such property or interest and on any other person or persons whom he considers to be interested in the property.

(1B)    (a) The notice referred to in sub-rule (1A) shall be served personally to the person concerned or to his manager, or to other members of his family; or be sent through registered post; or affix it on some conspicuous part of the premises concerned of the enemy property or at the last known place of the business of the person concerned and may also be sent electronically.

(b) The Dasti service of notice through police may be resorted only in the case of persistent noncompliance of the notice.

(1C) Where a notice has been duly served, the person or persons concerned shall be called upon to show cause as to why the subject property should not be declared as an enemy property.

(1D) Any other person or persons claiming to be interested in the proceedings relating to enemy property, may file an application before the Custodian who shall then proceed further to inquire under section 5A of the Act and hear the applicant himself or cause the same to be heard by his authorised representatives.

(1E) The Custodian shall give sufficient opportunity to the noticees and if the noticees fail to appear on the dates fixed for hearing even after giving reasonable opportunity, the Custodian may proceed further to hear the matter ex-parte and declare the property as enemy property under section 5A of the Act.

(1F) The Custodian may, after making such inquiry as he deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under section 5A of the Act and issue a certificate in Form 2 to this effect and such certificate shall be the evidence of the facts stated therein.

(1G) After issue of the order under sub-rule (1F), the Custodian shall issue an authorisation in Form 3, authorising the District Authority to take over the said enemy property immediately on his behalf.";

(c) sub-rule (2) shall be omitted;

(d) in sub-rule (4), for the words "vested property", the words "vested immovable enemy property" shall be substituted.

Rule 5 - RULE 5

In rule 5 of the principal rules, -

(a) in the heading, "for the words "immovable property", the words "immovable enemy property" shall be substituted;";

(b) in sub-rule (1),-

(i) for the words "vested property in respect of which no income is received", the words "vested immovable enemy property in respect of which no income is received" shall be substituted;

(ii) in the first proviso,-

(I) for the words "vested property", the words "vested immovable enemy property" shall be substituted;

(II) for the words "in the Act and in these rules", the words "under the Act and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the rules made thereunder" shall be substituted;

(iii) in the second proviso, for the words "whole property", the words "whole immovable enemy property" shall be substituted;

(c) after sub-rule (1), the following sub-rules shall be inserted, namely:-

"(1A) The lease, leave and licence agreement, or tenancy or occupancy of the enemy property shall not be transferable by the tenant, lessee or licensee, as the case may be.

(IB) The provisions of entering into a leave and licence agreement under sub-rule (1) or payment of rent, standard rent, lease rent, licence fee or usage charges, as the case may be, by any occupant shall not confer a perpetual right to continue as a tenant, lessee or licensee, as the case may be.";

(d) in sub-rule (2), for the words "the vested property", the words "the vested immovable enemy property" shall be substituted;

(e) in sub-rule (3),-

(i) for the words "vested property" , the words "vested enemy property" shall be substituted;

(ii) for the words "this rule", the words "these rules" shall be substituted.

Rule 6 - RULE 6

In rule 6 of the principal rules ,-

(i) for the words "moveable property" at both the places including the heading thereof, the words "movable enemy property" shall be substituted;

(ii) in the proviso, for the word "property", the words "movable enemy property" shall be substituted.

Rule 7 - RULE 7

In rule 7 of the principal rules,-

(i) in the heading, for the words "moveable property", the words "movable enemy property" shall be substituted;

(ii) in sub-rules (2) to (4), for the words "vested property" wherever they occur, the words "vested movable enemy property" shall be substituted.

Rule 8 - RULE 8

In rule 8 of the principal rules,-

(i) in the heading and in sub-rule (1), for the words "moveable property", at both the places where they occur, the words " movable enemy property" shall be substituted;

(ii) in sub-rule (2), for the words "the owner of the property", the words "the person authorised in respect of possession of such movable enemy property " shall be substituted;

(iii) after sub-rule (2), the following sub-rule shall be inserted, namely:-

"(3) The Custodian shall make entry in the inventory register and place the details thereof on its website in public domain.".

Rule 9 - RULE 9

In rule 9of the principal rules,-

(i) in the heading and in sub-rule (1), for the words "immovable property" at both the places where they occur, the words "immovable enemy property" shall be substituted;

(ii) in sub-rule (2), for the words "the owner of the property" , the words "the person authorised in respect of possession of such immovable enemy property" shall be substituted;

(iii) after sub-rule (2), the following sub-rule shall be inserted, namely:-

"(3) The Custodian shall make entry in the inventory register and place the details thereof on its website in public domain.".

Rule 10 - RULE 10

In rule 11 of the principal rules, for the words "of all the properties vested in him", the words "of all the movable and immovable enemy properties vested in him" shall be substituted.

Rule 11 - RULE 11

In rule 12 of the principal rules,-

(i) the brackets and figure "(1)" shall be omitted;

(ii) in clause (a), for the words "all rent, lease money", the words "all rent, standard rent, lease rent, licence fee or usage charges," shall be substituted;

Rule 12 - RULE 12

In rule 14 of the principal rules, after the words "evict the occupant forthwith", the words, brackets and figures "in accordance with the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)" shall be inserted.

Rule 13 - RULE 13

After rule 14 of the principal rules, the following rules shall be inserted, namely:-

"14A. Accounts.-

(1) The Custodian shall maintain proper accounts and other relevant records in respect of the income received by him and sale proceeds of the enemy properties sold by him and the expenditure incurred by him during every financial year.

(2) The income received by the office of the Custodian, the enemy properties sold during every financial year and annual expenditure statement with the audit report of the office of the Custodian shall be forwarded annually to the Central Government.

14B. Application of the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.--

The mention of particular matters in these rules shall not be held to prejudice or affect the general application of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971) with regard to the effect of the disposal of immovable enemy property by way of sale or otherwise or eviction of the immovable property, being the public premises and Custodian being the estate officer under that Act.".

Rule 14 - RULE 14

Rule 15 of the principal rules shall be omitted.

Rule 15 - RULE 15

For Annexure I, Annexure-II, Annexure-III and Form 1, Form 2, Form 3 and Form 4 appended to the principal rules, the following Annexures and Forms shall, respectively, be substituted, namely:-

'ANNEXURE I

[See rule 3(14)]

OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA STATEMENT SHOWING DETAILS OF PROPERTY UNDER PROCESS STAGE

STATE:______________________________________________________

Sl. No.	STATEMENT OF PROCESS CASE
DISTRICT NAME :	:
SUB-DIVISION NAME :	:
POLICE STATION NAME :	:
POST OFFICE NAME :	:
BLOCK/TEHSIL NAME :	:
CEP'S OFFICE FILE NO. :	:
NAME OF PAK NATIONAL :	:

 

CLASSIFICATION OF PROPERTY
Mouza Name	J.L. No.	R.S. Kh. No.	R.S. Plot No.	L.R. Kh. No.	L.R. Plot No.	Total Area	Share of Pak National	Nature of the property with name of present occupier

DATE OF VESTING_________________________

ANNEXURE II

[See rule 4(4)]

OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA STATEMENT SHOWING DETAILS OF DECLARED/ VESTED ENEMY PROPERTY

STATE:______________________________________________________

Sl. No.	STATEMENT OF DECLARED CASE
DETAILS OF PROPERTY :	:
DISTRICT NAME :	:
SUB-DIVISION NAME :	:
POLICE STATION NAME :	:
POST OFFICE NAME :	:
BLOCK /TEHSIL NAME :	:
CEP'S OFFICE FILE NO.  :	:
NAME OF PAK NATIONAL :	:

 

CLASSIFICATION OF PROPERTY
Mouza Name	J.L. No.	R.S. Kh. No.	R.S. Plot No.	L.R. Kh. No.	L.R. Plot No.	Total Area	Share of Pak National	Nature of the property with name of present occupier

DATE OF VESTING:_________________________

ANNEXURE III

[See rule 5(4)]

OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA STATEMENT SHOWING DETAILS OF INCOME RECEIVING ENEMY PROPERTY

STATE:____________________________

Sl. No.	STATEMENT OF INCOME RECEIVING CASE
DETAILS OF PROPERTY
DISTRICT NAME	:
SUB-DIVISION NAME	:
POLICE STATION NAME	:
POST OFFICE NAME	:
BLOCK/TEHSIL NAME	:
CEP'S OFFICE FILE NO.	:
NAME OF PAK NATIONAL	:
DATE OF VESTING	:

FORM 1

[See rule 4 (1A) of the Enemy Property Rules, 2015]

OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA

F. No. CEPI/

Dated:

To

SHOW CAUSE NOTICE

Subject: Immovable enemy property

Whereas it appears, the subject property belonged to or/was held by or managed on behalf of "enemy" or "enemy subject" or "enemy firm" and the subject property appears to be an enemy property vested in the Custodian of Enemy Property for India and continues to vest in him under the Enemy Property Act, 1968 and the Enemy Property Rules, 2015 made thereunder.

2. The undersigned is the Custodian/ Person authorised by the Custodian on his/her behalf to identify, preserve and manage the enemy property situated in the district/ tehsil under the charge of the Custodian.

3. Now, therefore, the undersigned requires you to furnish the following information/documents in person or through your representative and show cause in writing at the address given above within ten days of receipt of this notice as to why the subject property should not be declared as enemy property and be taken under the control of the Custodian for its preservation and management as provided under the Enemy Property Act, 1968 and the Enemy Property Rules, 2015.

4. The reply should indicate specifically whether any personal hearing in the matter is required by you.

5. In case no reply is received within the stipulated time as above, or you do not appear for the personal hearing on the date and time fixed for the said purpose, it will be presumed that you have nothing to say in the matter and the said property shall be taken over by the Custodian as enemy property and dealt with in accordance with the provisions of the said Act and Rules.

6. List of documents/information required for the aforesaid purpose:-

(i) Name of "enemy" or "enemy subject" or "enemy firm", the enemy property owned by them, date of migration of the then owner of the enemy property to Pakistan and other details of the enemy property.

(ii) Details of subsequent transfers of the subject enemy property.

(iii) Copies of relevant, revenue records relating to the subject enemy property.

(iv) Documentary evidence in support of your claim, if any in respect of the subject enemy property.

(v) Death certificates or proof of dissolution and true genealogical charts of the "enemy" or "enemy subject" or "enemy firm".

(vi) Any other information in respect of the subject enemy property.

Date:_______________

Place:_______________

BY ORDER

Custodian/ person authorised by the Custodian

FORM 2

[See sections 5, 5A and 12 of the Enemy Property Act, 1968 and rule 4 (1F) of the Enemy Property Rules, 2015]

OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA

F. No.

Dated.........................

CERTIFICATE UNDER SECTIONS 5, 5A AND 12 OF THE ENEMY PROPERTY ACT, 1968 AND RULE 4 (1F) OF THE ENEMY PROPERTY RULES, 2015

WHEREAS all immovable enemy properties in India belonging to or held by or managed on behalf of the "enemy" or "enemy subject" or "enemy firm" and the subject property being an enemy property is vested in the Custodian of Enemy Property for India and continues to vest in him under the Enemy Property Act, 1968 and the Enemy Property Rules, 2015 made thereunder.

AND WHEREAS, the immovable enemy properties situated at------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------(details of property) belong(s) to or is/are held/managed by--------------------------------on behalf of the "enemy" or "enemy subject" or "enemy firm" and the above enemy property has been declared as enemy property and vested in the Custodian of Enemy Property for India.

NOW, therefore, I,.............................................................................(Name of the Custodian of Enemy Property for India) under section 5A read with section 12 of the Enemy Property Act, 1968 and the Enemy Property Rules, 2015 hereby certify that the above mentioned property(s) is/are have been declared as enemy property(s) and vested in Custodian and continue to so vest under the provisions of the Enemy Property Act, 1968 and the Enemy Property Rules, 2015 and this certificate shall be the evidence of the facts stated herein.

BY ORDER

(Custodian of Enemy Property for India)

(Seal of Office)

FORM 3

[SEE RULE 4 (1G) OF THE ENEMY PROPERTY RULES, 2015] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA

AUTHORISATION ORDER OF THE ENEMY PROPERTY UNDER SECTION 8 OF THE ENEMY PROPERTY ACT, 1968 AND THE ENEMY PROPERTY RULES, 2015

F. No.

Dated:...................................

WHEREAS all immovable enemy properties in India belonging to or held by or managed on behalf of the "enemy", "enemy subject" or "enemy firm" are enemy property vested in the Custodian of Enemy Property for India under the Enemy Property Act, 1968 and the Enemy Property Rules, 2015 and continue to so vest in the said Custodian under sections 5, 5A and 12 of the Enemy Property Act, 1968 and the Enemy Property Rules, 2015 .

AND WHEREAS the person/ persons detailed in column (2) of the Schedule annexed hereto is/are a/all "enemy", "enemy subject" or "enemy firm" owning/holding/managing the immovable enemy property/ properties mentioned in column (3) thereof.

AND WHEREAS the said property/ properties is/are enemy property/ enemy properties vested in the Custodian and continue to so vest in terms of the provisions of the aforesaid Act and Rules.

NOW, therefore, I......................................., the Custodian of Enemy Property for India, hereby authorise the District Magistrate/ Collector/Deputy Commissioner/ In-charge of District-------------------- under section 8 of the Enemy Property Act, 1968 and the Enemy Property Rules, 2015 to take over control and management of and take such measures as he considers necessary or expedient for the preservation and management of the said immovable enemy property.

By Order

Schedule

Sl. No.	Name of the "enemy", "enemy subject" or "enemy firm"	Details of the enemy property
(1)	(2)	(3)

(Custodian of Enemy Property for India with seal)

FORM 4

[SEE RULE 4(3) OF THE ENEMY PROPERTY RULES, 2015]

OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA

NOTICE

(TO BE AFFIXED ON THE ENEMY PROPERTY)

Subject:...................................................(Details of Immovable Enemy Property)

WHEREAS on receipt of the authorisation Order under sub-rule (1G) of rule 4 from the Custodian, the District Authority has taken control over the management of the aforesaid immovable enemy property and initiated action for recovery of arrears or dues recoverable from the occupier of the aforesaid immovable enemy property vested in the Custodian;

AND WHEREAS the aforesaid immovable enemy property continue to remain so vested in the Custodian under sections 5, 5A and 12 of the Enemy Property Act, 1968 and the Enemy Property Rules, 2015;

WITHOUT prejudice to above, Now therefore this Notice is being affixed over the aforesaid immovable enemy property declaring that the said property is vested in the Custodian.

Date:____

Place:____________

(District Authority with seal).?.

Rule 16 - RULE 16

In Form 7 to the principal rules, the following Note shall be inserted at the end, namely:-

'Note: In the table of this Form,-

(i) "A/ I" refers to agricultural land;

(ii) "H/B" refers to House building;

(iii) "S/C" refers to Shop or commercial'.