REGISTERED No. D.(D)-72 The Gazette of India \ EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 53] NEW DELHI, FRIDAY, SEPTEMBER 23, I977/ASVINA I, 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 23rd September, 1977/Asvina 1, 1899 (Saka) THE ENEMY PROPERTY (AMENDMENT) ORDINANCE, 1977 No. 11 OF 1977 Promulgated by the Vice-President discharging the functions of the President in the Twenty-eighth Year of the Republic of India.
An Ordinance to amend the Enemy Property Act, 1968.
WHEREAS Parliament is not in session and the Vice-president discharging the functions of the President is satisfied that circumstanced exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution the Vice-President discharging the functions of the President is pleased to promulgate the following Ordinance:—
1. (1) This Ordinance may be called the Enemy Property (Amendment) Ordinance, 1977.
(2) It shall come into force on the 27th September, 1977
2. During the period of operation of this Ordinance, the Enemy Property Act, 1968 (hereinafter referred to as the principal Act) shall have effect subject to the amendments specified in sections 3 to 11 3 In the long title of 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.
short title and commencement Act 34 of 1968 to be temporarily amended.
Amendment of long title ( 3 5 5 ) 356 THE GAZETTE OF INDIA EXTRAORDINARY [PAHI II—SKC. 1] Amendment of pection 2 Amendment of sec tion 3 Amendment of sec tion 4 Amendment of section 5 Amendment of section 7 Amendment of sec tion 8 Amendment of section 23 Amendment of section 24.
4. In clause (b) of section 2 of the principal Act, after the words an< figures "Defence of India Rules, 1962". the words and figures "or th< Defence of India Act 1971 and the DeJence of India Rules, 1971" shal be inserted.
5, In the pioviso to section 3 ol the principal Act, alter the words anc figures "Defence of India Rules 1902'", the woids and figures "or the Defence of Tndia Rules, 1971, as the case may be," shall be inserted 6 In the proviso to section 4 o± the principal Act, after the words anc figures "Defence of India Rules, 1962,", the words and figures "or th< Defence of Tndia Rules, 1971, as the case may be," shall be inserted, 7 Section 5 of the principal Act shall be renumbered as sub-sectior
(1) thereof and after that sub-section as so renumbered, the following sub-section bhall 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) Ordinance, 1977 shall, as from such commencement, vest in the Custodian.".
8 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
9. In sub-section (2> of section 8 of the principal Act, 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.
10 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 m which it is so laid or the session immediately following", the words "or m two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted 11 Section 24 oi 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 whirh 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 m force immediately before the expiration thereof shall, m so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act" B D. JATTI, Vide-President, discharginci the functions of the PresidPnt K. K. SUNDARAM, Secy, to the Govt of India.
PWNTEP BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO KO\D, NEW DELHI AND PUBLISHED BY THE CONTROILER OP PUBLICATIONS, DELHI, 1977 4J0l i « 7 1