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Enemy Property (Amendment and Validation) Bill, 2016 Wikipedia

Parliament has passed the Enemy Property (Amendment and Validation) Bill, 2016 with the Lok Sabha approving the amendments made to the Bill today. The Rajya Sabha had passed the bill with some amendments on Friday. The amendments to the bill in the Lok Sabha were moved by Home Minister Rajnath Singh.

The Bill will replace the ordinance promulgated by the government. It guards against claims of succession or transfer of properties left by people who migrated to Pakistan and China after wars.

Reply to the discussion on it, Mr Rajnath Singh clarified that the legislation in no manner violates the principles of natural justice and human rights. He said, if by mistake any property is declared as enemy property then the affected party can approach the grievance redressal mechanism as provided in the bill. He also clarified that no enemy property has been disposed of so far by the custodian. Responding to the concerns of members giving retrospective effect to the legislation, the Home Minister said, there will be no adverse effect of it.
 Enemy Property (Amendment and Validation) Bill, 2016 Wikipedia
 Enemy Property (Amendment and Validation) Bill, 2016 Wikipedia
AIR correspondent reports The amendments deny those who deserted the country any right to properties left behind in India by plugging the loopholes in the original Act of 1968. This applies retrospectively to transfers that have occurred before or after 1968. The Enemy Property Act was enacted in 1968, following the Indo-Pak War of 1965, to regulate such properties and to list the Custodian's powers.

As per the amendments, once an enemy property is vested with the Custodian, it shall continue to be vested with him even if the enemy, his subject or firm has ceased to be an enemy for reasons such as death. Five ordinances were earlier promulgated on the subject. The passage of the Bill today assumes significance, as the last ordinance is due to expire today


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