·"jju!:,na"lzar4,1977 : ,:tlie enemypropbp:rt (ame~m~m1,~l~~ 1,w7  ,  be it enacted by parliament in  the twenty-eighth year of the republic of india as '~lows!:; ,ii", '" :" i ,   i' , ~ ! , i '  ;; 'j: commence ment 'j 1 (1) 'ntis' act may be etttj'ed th'~ji&!emy "pw,perty~ment) 'act";1977·1 "' ,',' ~,,' i'~, " r" short title ,  ;:' ~r,' t ""dt i&ild s· , , :{2) it sh~ll:be deemed to ha~ ~'inttj ~e '\)h the l!'rth' day of september, 1977 ' ,! : ,:,'  1, '34011968, ~ tn the long 'ube 'of 'th~ en:~y' ~operty'a~t, rthjs l&~lnafter ai' ~tf referred to as the principal act), after the words and figures "'defence m~et'6t~' ',' indullirla!es, ilqffl'~,!jt\ieii~  ! __  '~"we:~'ii india lon, io~ 1iiiieb, 11w1", 1'111 be ,,fns8lttecl ' , 'i" ",  , ' ' :  ~ , i ; title, amendment of section 2 42 of 1971  i' i i : i" if : : ~ - : ii : t~r: i ':' i  '3,"lnclause (b) of section 2 of the principal'act, after tiur\w'8iliis·'tbd figures "defence of india rules, 1962", the words and tlgures 'for the defence of india act, 1971 and the defenee of india rules, 1971" shall be inserted ~ " " ~ w ~ ~s 4 in the proviso to section 3 of the principal act, after the words and figures "defence of india rules, 1962", the words and figures "or the ameadment qt p~fed:~ o~ india rules, 1971, as the ca~e may be" shal~ be ~er¥, i!ec~ " amendmento! aection 4 5 in the proviso to section 4 of the principal aet, after the words and figures "defence of india rules, 1962", the words and figures "or the defence of india rules, 1971, as the case may be" shall be inserted amendmento! eection 5 e section 5 of the principal act shall be renumbered as sub-section (1) thereof and after that sub-section as so renumbered, the following s 8ub-section shall be inserted, namely:-42 of 1971 "(2) notwithstanding the expiration of the defence of inclia act, 1971 and the defence of india rules, 1971, all enemy property vested before such expiration in the custodian of enemy property for india appointed under the said rules and continuing to vest in him imme- 10 diately before the commencement of the enemy property (amendment) act, 1977 shall, as from such !commencement, vest in the custodian" amendmento! ,3ection 7 7 in section 7 of the principal act, after the words and figures "defence of india rules, 1962", wherever they occur, the words and' figures i, "or the defence of india rules, 1971, as the case may be" shall be inserted amend:' mento! action 8 8 in sub-section (2) of section 8 of the principal alet, in clause (z), after the figures, letters and word "25th october, 1962", the words, figures and letters "or on the 3rd december, 1971" shall be inserted amendment of aection23 t in bub-section (3) of section 23 of the principal act, for the words ao "or in two successive sessions and if, before the expiry of the session in which itis 80 laid or the session immediately following", the words "or in two or more successive sessions and if, before the expiry of the session immecliately following the session or the successive sessions aforesaid" 2s shall be substituted amendmentof section 24 10 section 24 of the principal act shall be renumbered as sub-section (1) thereof and after that sub-section as so renumbered, the following sub-section shall be inserted, namely:-"(2) every order which was made under the defence of india rules, 1971 by the central government or by the custodian of enemy 30 property for india appointed under those rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not illlconsistent with the provisions of this act, be d'eemed to continue in force and to have been 35 made under this act" repeal aad 11 (1) the enemy property (amendment) ordinance, 1977 is bereby 11 of 1977 repealf!cf ~y1nl (12) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done of take!} \lnder the principal act as amended 40 t»~ this ~~ " ':':  ~":' ~"i'!j:~;"j ,  r  statement of objects and reasonsthe enemy property act; 1968 (34 of' 1968)' was enacted on 20th august, 1968 to provide mainly for the continued vesting of enemy property vested in the custodian of enemy property for india under the defenc~ of india rules, 1962 2 oonsequent on the aggression by pakistan in 1971 and the issue of the proclamation of emergency on 3rd december, 1971 and the enactment of the defence of india act, 1971 and the rules made thereun4er, immoyable, and some specified movable, pakistani property in india were' vested in the custodian of enemy property in accordance with the provisions of the defence of india rules, 1971 and the orders made thereunder 3 the proclamation of emergency issued on 3rd december, 1971 was revoked with effect from 27th march, 1977 and consequently the powers under the defence of india act, 1971 and the rules made thereunder were to remain in force only for a period of six months thereafter, ie up to and inclusive of 26th september, 1977 it was, therefore, thought necessary to have fresh legal authority with effect from 27th september, 19'77 for the administration of the pakistani properties referred to above which are already vested in the custodian of enemy property for india under the defence of india rules, 19'11 and the orders made thereunder it was considered that the management of the said properties by the custodian of enemy property for india has to continue 4 as parliament was dot in session and as the situation called for immt>diate action, an ordinance called "the enemy property (ameildment) ordinance, 1977" (11 of 1977) was promulgated by the vice-president discharging the functions of the president on 23rd september, 1977 so as to suitably amend the enemy property act, 1968 for the continued vesting at the said properties in the cusl10dian of enemy property for india 5 the present bill seeks to replace the aforesaid ordinance new dahi: t~ 4th novemlkr, 1977 mohan dharia  (34 of 1968)an act to provide for the continued vesting ~: ene~y properly' v~ted, in the custodian of enemy property fol' india under the defence of lddia rilles, 1962, and' £01'\ ,matters connected, tllevewith - definitions  ' - - - - z in this act, unless the context other~ise req~ires,- •• - - - - - (b) "enemy" or '!enemy subjecil' or "enemy firm" ~11j a person or country who or which was an enemy, an enemy subject or an enemy finn, as the case may be, under tbe defejlce of -in 1ia act, 1962, and the defence of india rules, 1962, but does dot· iaciude 51 of 1962 a citizen of india; ' i  ' - - - - - 3; i the central government iil1i1 by notificatiog inhe ()fticial gazette, appoint a 'cunodian _ilnemy property for j,tidl • ~ one or mote deputy custodt81\s and assistant custodians· of edem;: pjioperty for auen local areas as may be spedified! in the aotiflea1llob: appointment of custodian of enemy property for india and deputy custodian, etc provided that the custoglian of en~ property for india find' any deputy custodian or assistant custodian of enemy property appointed' undt!lr ftjede~nee of india rules, 1962, shall be ,deeaed i~' ~~e been 'appoiftfet'l under this secwn  • appointment of inspectors of enemy property 04 the cefttjral govsi"luilentrnay, either glijnarauy or for' ~ij;y p~rh~uiar area, by mtifiaation in the ,offic:jel gb,jette appq~ o~ ()r ,w,orej lnspectors gjf enemy property 1m _~ comp~~e wuh t~, prov:i~!9ns, of this act and may, by general or special order, provide for the distribution and alkjeation of the work to,be pelfollrl'jdl~ tllemfo: ifecjuing such compliance: provided that every inspector of enemy firms appoiatecf, uader the defence ctf india rules, 1962, shall be deemed to be an lnapector qf ietl~y property appointed under this section  - - - - - payment to custodian of 7 (1) any sum payable by way of dividend, interest, share proftts or otherwise to or for the benefit of an enemy or an enemy subject or an enemy firm shall, unless otherwise ordered by the central government, be paid by the person by whom such sum would have been payable but for the prohibition under the defence of india rules, 1962, to the custodian or such person as may be authorised by him in this behalf and shall be held by the custodian or such person subject to the provfsions of this act m~ney otherwise payable to lin enemy, enemy gubject or enemy ftrm 4 -"-'~~  (2) in cases in which money would, but for the prohibition under the defence of india rules, 1962, be payable in a foreign currency to or for the benefit of an enemy or an enemy subject or an enemy firm (other than cases in which money is payable under a contract in which provisions is made for a specified rate of exchange), the payment shall be made to the custodian in rupee currency at the middle official rate of exchange fixed by the reserve bank of india on the date on which the payment became due to that enemy, enemy subject or enemy firm (3) the custodian shall, subject to the provisions of section 8, deal with any money paid to him under the defence of india rules, 1962, or under this act and any property vested in him under this act in such manner as the central government may direct 8 (1)    - - (2) without prejudice to the generality of the foregoing provision, the custodian or such person as may be specifically authorised b~ him in this behalf, may, for the said purpose,-powers of custodian in respect of enemy property vested in him    '"  (x) make payments on behalf of the enemy·to persons other than those who are enemies, of dues outstanding on the 25th october, 1962; and    '" 23 (1)      power to make rules (3) every rule made by the central government under this section shall be laid, as soon as may be ~fter it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shah thereafter have effect only in such modified form or be of no effect, as the case may be; so, howtwer, that any such modification or annulment shall be without pr~udice to the validity of anything previous1y done under that rule '"  '" '"  a bill to amend the enemy property act, 1968 (shri mohan dharia, minister of commerce and civil suppties and cooperation ) 