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The Enemy Property (Amendment) Act, 1977

Amendment Act · 19774,679 characters of text

The enactment

TypeAmendment Act
Year1977
StatusIn force as published by the source
TextPublished as one document, as the source published it

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 67] NEW DELHI, FRIDAY, DECEMBER 16, 1977/AGRAHAYANA 25, 1899 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 16th December, 1977/Agrahayana 25, 1899 (Saka) The following Act of Parliament received the assent of the President on the 15th December, 1977 and is hereby published for general information : — THE ENEMY PROPERTY (AMENDMENT) ACT, 1977 No 40 OF 1977 [15th December, 1977] An Act to amend the Enemy Property Act, 1968 BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows —

1. (1) This Act may be called the Enemy Property (Amendment) Act, 1977.

(2) It shall be deemed to have come into force on the 27th day of September, 1977.

2. In the long title of the Enemy Property Act, 1968 (hereinafter referred to as the principal Act), after the words and figures "Defence of India Rules, 1962", the words and figures "and the Defence of India Rules, 1971" shall be inserted.

3. In clause (b) of section 2 of the principal Act, after the words and figures "Defence of India Rules, 1962", the words and figures "or the Defence of India Act, 1971 and the Defence of India Rules, 1971" shall be inserted. Short title and commencement. Amendment of long title. Amendment of section 2. 34 of 1969 42 of 1971.

(445) 446 THE GAZETTE OF INDIA EXTRAORDINARY [PART n^-

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 Defence of India Rules, 1971, as the case may be " shall be inserted

5. In the proviso to section 4 of the principal Act, 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.

6. Section 5 oi the principal Act shall be renumbered as sub-section

(i) thereof and after that sub-section as so renumbered, the following sub-section shall be inserted, namely: — " (2) Notwithstanding the expiration of the Defence of India 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 immediately before the commencement of the Enemy Property (Amendment) Act, 1977 shall, as from such teommencement, vest in the custodian.".

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 "or the Defence of India Rules, 1971, as the case may be" shall be inserted.

8. In sub-section (2) of section 8 of the principal Alct, in clause (x), after the figures, letters and word "25th October, 1962", the words, figures and letters "or on the 3rd December, 1971" shall be inserted.

9. In sub-section (3) of section 23 of the principal Act, for the words "or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following", the words "or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforsaid" shall be substituted.

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 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 inconsistent with the provisions of this Act, be deemed to continue in force and to have be€« made under this Act.". Amendment of aection 3. Amendment of ' section 4. Amendment of section 5. Amendment of section 7. Amendment of section 8. Amendment of section 23, Amendment of section 24. 42 of 1971. Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 447

11. (1) The Enemy Property (Amendment) Ordinance, 1977 Is hereby repealed.

(2) Notwithstanding such lcyeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by Ihis Act. RepeaS and ] 1 of 1977. K. K. SUNDARAM, Scry io the Gort. of IndtO- PKINTED BY THE GENERAL MANAQEH, GOVERNMENT OP INDIA PRE33, MTNTO BOAft. NEW DHLHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1977

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