(1) This Ordinance may be called the Enemy Property Ordinance, 1968.
Short title, extent, application and commencement.
(411) 4i2 THE GAZETTE OF INDIA EXTRAORDINARY [VARI II
(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India outside India and to branches and agencies outside India of companies or bodies corporate registered or incorporated in India.
(3) It shall come into force on the 10th day of July, 1968.
2. In this Ordinance, unless the context otherwise requires,—
(a) "Custodian" means the Custodian of Enemy Property for India appointed or deemed to have been appointed under section 3 and includes a Deputy Custodian and an Assistant Custodian of 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 which was an enemy, an enemy subject or an enemy firm, as the case may be, under the Defence of India Act, 1962 and the rules made thereunder, but does not include a citizen of India;
(c) "enemy property" means any property for the time being belonging to or held or naaaaged on 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 Ordinance extends, any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may notwithstanding-his death, continue to be regarded as enemy property for the purposes of this Ordinance;
(d) "prescribed" means prescribed by rules made under this Ordinance.
3. The Central Government may, by notification in the Official Gazette, appoint a Custodian of Enemy Property for India and one or more Deputy Custodians and Assistant Custodians of Enemy Property for such local areas as may be specified in the notification:
Provided that the Custodian of Enemy Property for India and any Deputy Custodian or Assistant Custodian of Enemy Property appointed under the Defence of India Rules, 1962, shall be deemed to have been appointed under this section.
t 4. The Central Government may, either generally or for any particular area, by notification in the Official Gazette, appoint one or more Inspectors of Enemy Property for securing compliance with the provisions of this Ordinance and may, by general or special order, Definitions.
Appointment of Custodian of Enemy Property for India and Deputy Custodian, etc.
Appointmeni of Inspectors of Enemy Property.
51 of 1962.
. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4i3 provide for the distribution and allocation of the work to be performed by them for securing such compliance:
Provided that every Inspector of Enemy Firms appointed under the Defence of India Rules, 1962, shall be deemed to be an Inspector of Enemy Property appointed under this section.
5. Notwithstanding th ŝ expiration of the Defence of India Act, 1962 and the Defence of India Rules, 1962, all enemy property vested "b3'"ore 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 this Ordinance shall, as from such commencement, vest in the Custodian.
~6."~Where any property vested in the Custodian under this Ordinance has "been transferred, whether before or after the commencement of this Ordinance, by an enemy or an enemy subject or an enemy firm and where it appears to the Central Government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vesting of the property in the Custodian, then, the Central Government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the Custodian.