Enemy Property Ordinance, 2016

15th Jan, 2016

Enemy Property Ordinance, 2016

It makes amendments to the Enemy Property Act, 1968. 

The amendments through the Ordinance include that 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 etc; that law of succession does not apply to enemy property; that there cannot be transfer of any property vested in the Custodian by an enemy or enemy subject or enemy firm and that the Custodian shall preserve the enemy property till it is disposed of in accordance with the provisions of the Act. 

Background

In the wake of the Indo-Pak war of 1965 and 1971, there was migration of people from India to Pakistan. Under the rules framed under the Defence of India Act, the Government of India took over the properties and companies of such persons who had taken Pakistani nationality. 

After the 1965 war, India and Pakistan signed the Tashkent Declaration on 10.01.1966. The Tashkent Declaration inter alia included a clause, which said that the two countries would discuss the return of the property and assets taken over by either side in connection with the conflict.