An ordinance to amend a nearly 50-year-old law to guard against claims of succession or transfer of properties left by people who migrated to Pakistan and China after wars, has been promulgated for the fifth time as a bill to modify the legislation could not be passed by Parliament in the just-concluded Winter Session.
The ordinance was promulgated late last night. Issued for the first time on January 7, the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016 had earlier been promulgated four times.
The Union Cabinet had on Wednesday approved re-issuing the ordinance. The ordinance was re-issued as a bill to amend the law could not be passed in Parliament due to repeated adjournments over the demonetisation issue.
The move is being made to amend the nearly five-decade old Enemy Property Act to guard against claims of succession or transfer of properties left by people who migrated to Pakistan and China after wars.
"Enemy property" refers to any property belonging to, held or managed on behalf of an enemy, an enemy subject or an enemy firm.
The government has vested these properties in the Custodian of Enemy Property for India, an office instituted under the central government.
After the Indo-Pakistan War of 1965, the Enemy Property Act was enacted in 1968, which regulates such properties and lists the Custodian's powers.
The ordinance was for the first time promulgated on January 7 this year. It was passed by Lok Sabha on March 9 but was subsequently referred to Select Committee of Rajya Sabha.
It was re-promulgated for the second time on April 2 and a third time incorporating the amendments suggested by the Rajya Sabha Select Committee on May 31.
Since its validity was to expire on August 28, the President promulgated the fourth ordinance on the subject a day before that.
An ordinance is promulgated again when Parliament is not in session and a bill to replace it is not passed.
An ordinance lapses after 42 days from the day a session begins unless a bill to replace it is approved by Parliament.
As per the proposed amendments, once an enemy property is vested in the Custodian, it shall continue to be vested in him as enemy property irrespective of whether the enemy, enemy subject or enemy firm has ceased to be an enemy due to reasons such as death.
The amendments are aimed at plugging the loopholes in the Act to ensure that the enemy properties that have been vested in the Custodian remain so and do not revert to the enemy subject or enemy firm.
Enemy properties are spread across many states in the country.
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