(1) The Central Government may, on a reference or complaint or on its own motion, initiate process for divestment of an enemy property vested in the Custodian, to the owner thereof or to such other person.
(2) An officer of the rank of Joint Secretary or above in the Government of India shall be the Chairperson of the proceedings for divestment of the enemy property under this rule.
(3) The Chairperson shall give thirty days' notice to all concerned including the Custodian, requiring them to submit a reply, produce all documentary evidence and appear in person or through authorised representative:
, Provided that if any party fails to appear on the date fixed for hearing, then a second and final notice shall be served through registered post and if he again fails to appear after the second notice, then the proceedings shall be heard ex parte:
Provided further that the Chairperson shall record the reasons for such ex parte proceedings.
(4) The notices shall be served on all concerned parties before each hearing.
(5) The presenting officer who has been engaged for presentation of the case on behalf of the Central Government, shall examine such witnesses and documentary evidences in respect of the property as he thinks fit.
(fi\ On prwrmifitimi r»f thp nt\rv.#w»Hinc»g the *̂ stEils including ds^os't'ons shal! ^s ?,rnish'*'̂ to the parties.
(7) The Chairperson, after examining the evidence and calling for further reports and inquiry as may be necessary, shall pass such orders thereon as it thinks fit, and a copy of the said orders shall be sent to the parties.
[F.NO.37/43/2014-EP] K. K. PATHAK, Jt. Secy.
ANNEXURE-I [See rule 3(14)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA STATEMENT SHOWING DETAILS OF PROPERTY UNDER PROCESS STAGE STATE:
SI. No. STATEMENT OF PROCESS CASE DETAILS OF PROPERTY DISTRICT NAME SUB-DIVISION NAME POLICE STATION NAME POST OFFICE NAME BLOCK NAME CEP'S OFFICE FILE NO.
NAME OF PAK NATIONAL Mouza Name DATE OF J.L.
No.
VESTf R.S.
Kh.
No.
NG R. S.
Plot No.
CLASS!
L.R.
Kh.
No.
OFICATION OF PROPERTY L.R.
Plot No.
Total Area Share of Pak National Nature of the Property With name of present occupier [qmll~^re3(i)] ^ M m wrw : mimm 19 ANNEXURETI [See rule 4 (4)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA STATEMENT SHOWING DETAILS OF DECLARED/VESTED PROPERTY STATE:
SI. No. STATEMENT OF DECLARED CASE DISTRICT NAME SUB-DIVISION NAME POLICE STATION NAME POST OFFICE NAME BLOCK NAME /^TJT^C /"\m7T/"«T7 T?TT TJ XTi"V NAME OF PAK NATIONAL DETAILS OF PROPERTY Mouza Name DATE OF J.L.
No.
VEST!
R. S.
Kh.
No.
NG:
R.S.
Plot No.
L.R.
Kh.
No.
CLASSI L.R.
Plot No.
FICATION Total Area OF PROPERTY Share of Pak National Nature of the Property With name of present occupier ANNEXURE-III [See rule 5 (4)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA STATEMENT SHOWING DETAILS OF INCOME RECEIVING PROPERTY STATE:
SI. No. STATEMENT OF INCOME RECEIVING CASE DETAILS OF PROPERTY DISTRICT NAME SUB-DIVISION NAME POLICE STATION NAME POST OFFICE NAME BLOCK NAME CEF'S OFFICE FILE NO.
NAME OF PAK NATIONAL DATE OF VESTING 20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SBC. 3(i)] FORM 1 [See rale 3 (6)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA SHOW CAUSE NOTICE F. No. CEPI/ Dated:
To Subject:- I Immoveable property viz Sir, Whereas it appears, the subject property belonged to or/was held by or managed "on behalf of Pakistani national during the period from 10.9.1965 to 26.9.1977. In terms of sections 5 and 24 of the Enemy Property Act, 1968 read with Notification No. 12/2/65-E.Pty dated 1.0.9.1965 and S.O. 5511 dated
18.12.1971 issued by the Government of India, New Delhi the subject property appears to be an enemy property vested in the Custodian of Enemy property for India and continues to vest in him. I have been authorized by the said Custodian to identify, preserve and manage on his behalf, the enemy property situated in wiv viiomvu ivilall UnuVi m y vnaig,^.
2. Now, therefore, I require to you furnish the following information/documents in person or through your representative and show cause in writing at the address given above within 10 days of receipt of this notice as to why the subject property should not be declared as enemy property and taken under my control for its preservation and management as provided under the Enemy Property Act, 1968. The reply should indicate specifically whether any personal hearing in the matter is required by you.
3. In case no reply is received within the stipulated time as above, or you do not appear for the personal hearing on the date and time fixed for the said purpose, it will be presumed that you have nothing to say in the matter and the said property shall be taken over by me as enemy property and dealt with in accordance with the provisions of the said Act.
4. List of documents/information required:
i) Name of owner of the property, date and other details of migration of owner to Pakistan.
ii) Details of subsequent transfers, if any, by way of inheritance, sale, gift or otherwise.
iii) Copies of relevant sale-deed, gift deed, Will, Succession certificates, revenue records relating to these transfers.
iv) Documentary evidence in support of your rights, if any in respect of the subject property.
v) Death certificates and true genealogical charts of the owner and/or subsequent transferors where the owner/transferor died intestate.
vi) Any other information in respect of the property.
Yours faithfully, FORM 2 [See rule 4 (2)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA CERTIFICATE UNDER SECTION 12 OF THE ENEMY PROPERTY ACT, 1968 F.No. Dated WHEREAS all immovable properties in India belonging to or held by or managed on behalf of Pakistani nationals vested in the Custodian of Enemy Property for India, under Government of India, Notification No. 12/2/65-E.Pty dated 10.9.1965 and S.O. 5511 dated 18.12.1971 issued under Defence of India Rules, 1962 and Defence of India Rules, 1971 respectively continue to remain so vested in the said Custodian, under section 5 of The Enemy Property Act, 1968.
[^TPTlI-,^p^3(i)3 *fR3 ^T ^JR^ : arorvRor 21 AND WHEREAS, the immovable properties situated at (details of property) belong(s) to or is/are held/managed by who is/are Pakistani nationai(s) and whereas the said property(s) is/are enemy property(s) vested in the Custodian of Enemy Property for India.
NOW, therefore, I, (Name of CEP) Custodian of Enemy Property for India u/s 12 of The Enemy Property Act, 1968 hereby certify that the above mentioned property(s) is/are enemy property(s) vested in me and continue to so vest under the provisions of the said Act, ( • ) Custodian of Enemy Property for India.
(Round seal of Office) FORM 3 [See rule 4 (2) ] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA AUTHORISATION ORDER OF THE ENEMY PROPERTY F.No. Dated WHEREAS, under Government of India, Ministry of Commerce, Notification No. 12/2/65-E.Pty dated 10.9.1965 and S.O. 5511 dated 18.12.1971, all immovable properties in India belonging to or held by or managed on behalf of all Pakistani nationals are enemy property vested in the Custodian of Enemy Property for India and continue to so vest in the said Custodian under section 5 of The Enemy Property Act, 1968;
AND WHEREAS the person(s) detailed in column (2) of the schedule annexed hereto is/are a/all Pakistani national(s) owning/holding/managing the immovable properties mentioned in column (3) thereof;
and whereas the said propeity(s) is/are an enemy Property vested in me and continue to so vest in terms of the said orders and the provisions of the said Act.
NOW, therefore, I the Custodian of Enemy Property for India hereby authorise the Dist. Magistrate/Collector/Dy. Commissioner, In-charge of Dist under section 8 of The Enemy Property Act, 1968 to take over control and management of and take such measures as he considers necessary or expedient for the preservation and management of the said enemy property.
( .• ) Custodian of Enemy Property for India.
PROPERTY SCHEDULE Sl.No.
0).
Name(s) of the Pakistani owner(s) of the property
(2) Details of Property
(3) FORM 4 [See rule 4 (3)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA NOTICE BOARD This property is vested with the Custodian of Enemy Property for India, Government of India, Ministry of Home Affairs, New Delhi, having its Office at Kaiser-I-Hind Building, Currimbhoi Road, Ballard Estate, Mumbai-400001 in terns of Notification No. 12/2/65-E. Pty. dated 10-09-1965 and Standing Order (S.O.) 5511 dated 18-12-1971 .
No trespassing allowed, unauthorized person will be prosecuted.
By Order W}4n,£~4 22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)J FORM 5 [See rule 5(1)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA LEAVE AND LICENSE AGREEMENT THIS LEAVE AND LICENCE AGREEMENT is made and entered into at ,... on this day of (Month) (Year) BETWEEN SHRI. XXXXXXXXXX an adult, Indian inhabitant residing at XX, XXXXXXXXXXXXX, hereinafter referred to as "THE LICENSOR" (which expression unless contrary or repugnant to the context or meaning thereof shall mean and include his legal heirs, executors, administrators & assigns) of the "ONE PART AND SHRI XXXXXXXXXX an adult, Indian inhabitant residing at XX, XXXXXXXXXXXXX, hereinafter referred to as "THE LICENSEE" (which expression unless contrary or repugnant to the context or meaning thereof shall mean and includes his legal heirs, executors, administrators and assigns) of the "OTHER PART', WHEREAS the Licensor is the lawful and legal owner and is fully seized and possessed of Flat No.
XXXXXXXXXX an adult, Indian inhabitant residing at XX, XXXXXXXXXXXXX (hereinafter for the sake of the brevity referred to as ('The said property/premises'.)
AND WHEREAS the Licensee has approached to the Licensor with a request to allow the Licensee to temporarily occupy and use the said premises/property for Residential/Residential-cum-commercial purpose on ~leave and license basis for a period of 11 months commencing from (Day) (Month) (Year) to (Day) (Month) (Year).
AND WHEREAS the Licensor has agreed to allow Leave and License to the Licensee to occupy and use the said premises/property for a period of 11 months only on the following terms and conditions agreed to between the parties hereto:
NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1. That the Licensor hereby grants leave and license to the Licensee to occupy and use the said premises/property for residential/residential-cum-commercial purpose for a period of 11 months commencing with effect from (Day) (Month) (Year) to (Day) (Month) (Year).
2. That the Licensee has agreed to pay to the Licensor, the sum of Rs (Rupees in words) per month being the occupancy charges for the said premises/property regularly on or before 10th day of each and every month.
3. That the Licensee has further agreed to pay the Electricity charges and other incidental charges due to appropriate authorities as per the bill amount regularly during the currency of this Agreement.
4. That the Licensed said premises/property shall be used only for Residential/Residential-cumcommercial purpose and not for any other purpose.
5. The Licensed said premises/property is giving to the Licensee on personal basis and the Licensee shall not be entitled to transfer the benefit of this agreement to anybody else or will not be entitled to allow anybody to occupy The said premises/property or any part thereof. Nothing in this agreement shall be deemed to grant a Lease and the Licensee agrees and undertakes that no such contention shall be taken up by the Licensee at any time.
6. The Licensee shall not be deemed to be in the exclusive occupation of the Licensed said Flat and the Licensor will have the right to enter upon The Said Flat at any time during residential Purpose hours to inspect the premises.
7. The Licensee shall maintain the licensed said premises/property in good condition and will not cause any damage thereof. If any damage is caused to the said property/premises or any part thereof by the Licensee or his family members, the same will be made good by the Licensee at the cost of the Licensee whether by rectifying the damage or by paying cash compensation as may be determined by the Licensor.
8. The Licensee shall not carry out any work of structural repair or additions or alteration to the said premises/property. Only such alterations or additions as are not of structural type or of permanent nature may be allowed to be made by the Licensee inside the premises/property with the previous permission of the Licensor.
9. The Licensee shall not cause any nuisance or annoyance to the people in the neighborhood or store any hazardous goods on the premises of the said premises/property.
10. The Licensee agreed to abide all the rules and regulations of the competent authority.
[WJ li-w^ 3(i)] *TRCT ^ T u*m : 3 7 ^ ^ ^ 23
11. If the Licensee commits a breach of any terms of this agreement then notwithstanding any thing herein contained the Licensor will be entitled to terminate this agreement by 30 days prior notice to the Licensee.
12. That either party to this Agreement is at liberty to terminate this Agreement by giving 30 days prior notices in writing.
13. On the expiration of the said premises/property terms or period of the License or earlier termination thereof, the Licensee shall hand over vacant and peaceful possession of the Licensed said premises/property to the Licensor in the same condition in which the said premises/property now exist, subject to normal wear and tear. The Licensee, occupation of the said premises/property after such termination, will be deemed to be that of a trespasser, IN WITNESSETH WHEREOF the parties hereto have herein unto set and subscribed their respective hands on the day and year mentioned hereinabove.
SIGNED SEALED AND DELIVERED ) By the within named licensor ) SHRI. XXXXXXXXXXXXX ) In the present of )
1. )
2. ) SIGNED SEALED AND DELIVERED ) By the within named licensee ) SHRI XXXXXXXXXXXXXXX ) In the presence of.
1. )
2. ; ) FORM 6 [See rule 8(1)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA INVENTORY OF MOVABLE ENEMY PROPERTY List of properties recovered on for the House/Factory/Shop/Garden of at No Mohalla City Serial No. Name of Properties Description Witnesses
(1)
(2) Signature of official recovering the property.
Counter-signature of Assistant/ Deputy Custodian 24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] FORM?
[See rule 9(1)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA STATEMENT SHOWING DETAILS OF INVENTORY OF IMMOVABLE PROPERTY Sl.No. File No. Name of Enemy Migrant SI.No.
Details of Property DISTRICT NAME :
SUB-DIVISION NAME :
POLICE STATION NAME:
POST OFFICE NAME :
BLOCK/TEHSIL NAME :
ADDRESS :
Landed property area Mouza Name JLNo Dag No, DATE OF VESTING R. S. PlotNos.
Total No. of Properties Category A/1 H/B S/C Remarks STATE:
FORM 8 [Seerulel2(l)(b)] OFFICE OF THE CUSTODIAN OF ENEMY PROPERTY FOR rNDIA RECEIPT FOR PAYMENTS TO GOVERNMENT Dated 20 Book No ReceiptNo Place Received from Rs ....Rupees ..on account of.
Signature of Cashier/Official granting receipt.
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications* Delhi-110054.
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