The Enemy Property Act, 1968

(1) This Act may be called the EnemyProperty Act, 1968. (2) It extends to the whole of India 1*** and it applies also to all citizens of India outside Indiaand to branches and agencies outside India of companies or bodies corporate registered orincorporated in India. (3) It shall be deemed to have come into force on the 10th day of July, 1968.

In this Act, unless the context otherwise requires, (a) "Custodian" means the Custodian of Enemy Property for India appointed or deemed tohave been appointed under section 3 and includes a Deputy Custodian and an Assistant Custodianof Enemy Property appointed or deemed to have been appointed under that section; (b) "enemy" or "enemy subject" or "enemy firm" means a person or country who or whichwas an enemy, 1[an enemy subject including his legal heir and successor whether or not a citizenof India or the citizen of a country which is not an enemy or the enemy, enemy subject or his legalheir and successor who has changed his nationality] or 2[an enemy firm, including its succeedingfirm whether or not partners or members of such succeeding firm are citizen of India or the citizenof a country which is not an enemy or such firm which has changed its nationality], as the casemay be, under the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 19623[or the Defence of India Act, 1971 (42 of 1971) and the Defence of India Rules, 1971], but4[does not include a citizen of India other than those citizens of India, being the legal heir andsuccessor of the "enemy" or "enemy subject" or "enemy firm--]. 5[Explanation 1.--For the purposes of this clause, the expression "does not include a citizenof India" shall exclude and shall always be deemed to have been excluded those citizens of India,who are or have been the legal heir and successor of an "enemy" or an "enemy subject" or an"enemy firm" which or who has ceased to be an enemy due to death, extinction, winding up ofbusiness or change of nationality or that the legal heir and successor is a citizen of India or thecitizen of a country which is not an enemy. Explanation 2.--For the purposes of this clause, it is hereby clarified that nothing containedin this Act shall affect any right of the legal heir and successor referred to in this clause (not beinginconsistent to the provisions of this Act) which have been conferred upon him under any otherlaw for the time being in force;] (c) "enemy property" means any property for the time being belonging to or held or managedon behalf of an enemy, an enemy subject or an enemy firm: Provided that where an individual enemy subject dies in the territories to which this Actextends, 5[or dies in any territory outside India], any property which immediately before his death, belonged to or was held by him or wasmanaged on his behalf, may, notwithstanding his death, continue to be regarded as enemyproperty for the purposes of this Act; 6[Explanation 1.--For the purposes of this clause, it is hereby clarified that "enemy property"shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be anenemy due to death, extinction, winding up of business or change of nationality or that the legalheir and successor is a citizen of India or the citizen of a country which is not an enemy, continueand always be deemed to be continued as an enemy property. Explanation 2.--For the purposes of this clause, the expression "enemy property" shall meanand include and shall be deemed to have always meant and included all rights, titles and interestin, or any benefit arising out of, such property;] (d) "prescribed" means prescribed by rules made under this Act.

TheCentral Government may, by notification in the Official Gazette, appoint a Custodian of EnemyProperty for Indian and one or more Deputy Custodians and Assistant Custodians or Enemy Propertyfor such local areas as may be specified in the notification: Provided that the Custodian of Enemy Property for Indian and any Deputy Custodian or AssistantCustodian of Enemy Property appointed under the Defence of India Rules, 1962 1[or the Defence ofIndia Rules, 1971, as the case may be], shall be deemed to have been appointed under this section.

The Central Government may, eithergenerally or for any particular area, by notification in the Official Gazette, appoint one or moreInspectors of Enemy Property for securing compliance with the provisions of this Act and may, bygeneral or special order, provide for the distribution and allocation of the work to be performed bythem for securing such compliance: Provided that every Inspector of Enemy Firms appointed under the Defence of India Rules, 19621[or the Defence of India Rules, 1971, as the case may be], shall be deemed to be an Inspector ofEnemy Property appointed under this section.

1[(1)] Notwithstanding the expiration of theDefence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy propertyvested before such expiration in the Custodian of Enemy Property for India appointed under the saidRules and continuing to vest in him immediately before the commencement of this Act, shall, as fromsuch commencement, vest in the Custodian. 2[(2) Notwithstanding the expiration of the Defence of India Act, 1971 (12 of 1971) and theDefence of India Rules, 1971, all enemy property vested before such expiration in the Custodian ofEnemy Property for India appointed under the said Rules and continuing to vest in him immediatelybefore the commencement of the Enemy Property, (Amendment) Act, 1977 (40 of 1977) shall, asfrom such commencement, vest in the custodian.] 3[(3) The enemy property vested in the Custodian shall, notwithstanding that the enemy or theenemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up ofbusiness or change of nationality or that the legal heir and successor is a citizen of India or the citizenof a country which is not an enemy, continue to remain, save as otherwise provided in this Act, vestedin the Custodian. Explanation.For the purposes of this sub-section, "enemy property vested in the Custodian"shall include and shall always be deemed to have been included all rights, titles, and interest in, or anybenefit arising out of, such property vested in him under this Act.]