Answer: Under Defence of India Rules, 1962 and 1971 any person or country committing external aggression against India is an enemy. Declaration of an enemy is a sovereign function of the Central Government.
“Enemy subject” means any individual who possesses the nationality of a state which has committed external aggression against India, or having possessed such nationality at any time has lost it without acquiring another nationality etc.
“Enemy firm” means any enemy subject who is , or Act any time subsequent to the 15th October,1962, was caring on any business in India or any, firm, any company and any person or body of persons, whether constituted/incorporated in India or not was carrying on business in India.
Now, as per the Enemy Property (Amendment and Validation) Bill, 2016 as reported by the Select Committee the definition of “enemy subject” and “enemy firm” is being amended to include the legal heir and successor of the enemy subject, even if a citizen of India or a citizen of a non-enemy country and "enemy firm" includes its succeeding firm, even if the members of such firm are the citizens of India or citizens of a non-enemy country.
ANSWER:- “Enemy Property” means any property (moveable or immoveable) for the time being belonging to or held or managed on behalf of an enemy as defined in Rule 133-A of Defence of India Rule 1962.
ANSWER:-The Enemy Property is governed under the Enemy Property Act 1968 and the Enemy property Rules 2015.
ANSWER:- A property of an individual or a company recorded in the name of an enemy, enemy subject or enemy firm at the crucial vesting period i.e. from 10.09.1965 to 26.09.1977 is treated as an enemy property strictly as per procedures laid down in the Enemy property Rules, 2015.
ANSWER:- Immediately after vesting, certificates are issued under Section 8 and 12 of the Enemy Property Act, 1968 giving power and authorisation to the District Magistrate/ Collector, being the ex-officio Deputy Custodian of Enemy Property (DCEP) for taking over and control of the vested property for its proper preservation and management as per prescribed rules and procedures.
ANSWER:- Properties of Chinese and Pakistani national/ companies were vested as enemy properties in the CEPI.
ANSWER:- Yes, the government has adequate manpower for preservation and management of the Enemy Properties. In the last 2 years 108 supervisors/ chief supervisors/ assistant supervisors, surveyors and management professionals have been engaged exclusively for this purpose.
ANSWER:-No enemy property has been returned till date.
ANSWER:- Broadly, the nature of enemy properties under the Custodian are as follows:-
- Water bodies
- Movable properties (share, debentures, government securities, bank deposits)
ANSWER:- Earlier, the property of one person at one place was treated as one enemy property. But, while doing work at the ground level it was felt necessary that a property which includes more than one plot must be calculated plot-wise, otherwise it would not be possible to calculate the exact number of properties. Thus, the holdings were divided into plots. One holding can have several numbers of plots.
ANSWER:-Consequent on Indo-Pak Conflict of 1965, notifications dated 10.09.1965 and 11.09.1965 were issued to vest all immovable and moveable properties of all Pakistani Nationals/Companies in the Custodian of Enemy Property for India. Consequent on aggression by Pakistan in 1971, emergency was proclaimed on 3rd December, 1971 and remained in force till 26.09.1977. Accordingly, the crucial vesting period for vesting the properties of Pak National/Companies was determined from 10.09.1965 (date of notification) to 26.09.1977 (date of end of emergency).
ANSWER:- No. A property which is in the name of an enemy national (irrespective of nationality) at the crucial vesting period shall be vested as an enemy property in the Custodian. This property cannot be returned to the enemy or his legal heirs in any circumstances. The principal Act’s intention was also to have continuous vesting in the Custodian. Thus, a Pakistani national whose property has been designated as Enemy Property in India, even if obtains a citizenship of India cannot get back his property vested in the Custodian.
ANSWER:-The Ministry of External Affairs has confirmed that Pakistan has already disposed of the enemy properties.