Home Details of Disposal u/s 8A Guidelines for Disposal order ,2018

Guidelines for Disposal order ,2018

ORDER

New Delhi, the 21st March, 2018

G.S.R. 258(E):-In exercise of powers conferred by sub-section (6) of section 8A of the Enemy Property Act, 1968 [34 of 1968], the Central Government hereby makes the following order for the disposal of enemy property (both movable and immovable) vested in the Custodian of Enemy Property for India under the said Act, namely:-

1.Short title and commencement. – (1) This Order may be called Guidelines for the disposal of Enemy Property Order, 2018.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. Custodian to submit list of all enemy properties to the Central Government.A list of all vested enemy properties (movable and immovable) shall be prepared by the Custodian for its submission to the Central Government within three months from the publication of this order.

3. Valuation of immovable enemy properties.(1) For the purpose of valuation of immovable enemy property, there shall be constituted a Valuation Committee at the district level consisting of the following, namely :-

(a) District Magistrate of a district where the property is situated ……….Chairman

(b) Registrar/ Sub-Registrar of the District…………………………………Member

(c) Superintendent/ Executive Engineer of CPWD/PWD ………………. Member

(2) The Committee shall consider the circle rate of the area where the property is situated or a rate fixed by the district administration as a mode of valuation of the property along with other valuation modes.

4. Submission of valuation reports of the enemy properties.-The Custodian shall prepare and submit the State-wise list of the enemy properties along with their valuation to the Central Government within one month from the date of receipt of the valuation report from the Valuation Committee.

5. Constitution of Committee for disposal of enemy property. - (1) The Central Government shall constitute a Committee consisting of the following to be known as Enemy Property Disposal Committee, namely:-(a)  Additional Secretary to the Government of India in the Ministry or Department dealing with enemy property ………………………. Chairman.

(b)  AS and FA in the Ministry or Department dealing with enemy property ……….. Member.

(c)   Joint Secretary in the Department of Disinvestment and Public Asset Management, Ministry of Finance ……………………………..… Member.

(d)  Joint Secretary in the Ministry of Law and Justice …..………….…Member.

(e)  Chief Engineer, CPWD…………………………………………… Member.

(f)  Custodian of Enemy Property for India ………..………….………Member.

(g)  Joint Secretary in the Ministry or Department dealing with enemy property..........Member-Secretary.

(2) The Committee shall give its recommendation to the Central Government for the disposal of enemy property or the manner in which the enemy property may be dealt with and matters connected therewith.

(3) The quorum for a meeting of the Committee shall be half its total strength.

Recommendations to the Central Government by the Enemy Property Disposal Committee. (1)The Enemy Property Disposal Committee shall make any of the following recommendations to the Central Government in relation to the enemy property, namely:-

(a) sale of enemy property;

(b) usage of enemy property by the Ministries or Departments of the              Central Government;

(c) maintaining status quo in respect of enemy property;

(d) transfer of enemy property;

(e) any other manner in which the enemy property may be dealt with.

 (2) In case of vacant immovable enemy property, the Committee may recommend the purchaser offering the highest price for disposal of vacant immovable enemy property.

(3) In case of occupied immovable enemy property, the Committee may recommend the percentage of valuation for its disposal to the existing occupier.

(4) The Central Government shall consider the recommendations of the Committee and take its decision thereon.

Sale of movable enemy property. -- The Custodian may sell the movable enemy property such as shares, with the prior approval of the Central Government, in one or more lots by itself or by authorizing any professional body for such sale.

Sale of immovable enemy property.-- (1) In case of vacant immovable enemy property, the Custodian or any authorized body may sell the property, in one or more lots to secure maximum sale price, with the prior approval of the Central Government, by any one of the following methods, namely:-

(a) by obtaining quotations from the persons interested in buying the immovable property; or

(b) by inviting tenders from the public (including through e-mode); or

(c) by holding public auction;

(d) or by any other method of sale; or

(e) by engaging a professional body for sale of the property.

(2) In case of occupied enemy property, the Custodian shall sell the property to the existing occupier or otherwise as may be decided by the Central Government and at the rate as determined by the Enemy Property Disposal Committee.

(3)  On receipt of the sale price of the property, the Custodian shall issue a certificate to the purchaser in APPENDIX - A.

Submission of report by the Custodian to the Central Government .- The Custodian shall send a report to the Central Government at such interval, of the enemy property (movable and immovable) disposed  of whether by sale or otherwise, containing such details, including the price for which such enemy property  has been sold and the particulars of the buyer to whom the properties have been sold or disposed of and the  details of the proceeds of sale or disposal, deposited into the Consolidated Fund of India, as the Central  Government, may specify.

[F. No. 37/32/2017-EP]

A V DHARMA REDDY, Jt. Secy.

 

APPENDIX-A

[See sections 5A, 10, 10A, 12 and 22A (b) of the Enemy Property Act, 1968 read with paragraph 9 of the Guidelines for the Disposal of Enemy Property Order, 2018]

SALE CERTIFICATE

(For Immovable Enemy Property)

Whereas the undersigned, being the Custodian under the Enemy Property Act and the rules and orders made there under and in exercise of the powers conferred by section 8A, read with sections 10, 10A, 12 and 22A(b) of the Enemy Property Act, 1968 (34 of 1968),sold in favour of_________ (purchaser), the immovable property vested free from all encumbrances in the Custodian under the aforesaid Act and shown below:- 

  1. The undersigned acknowledge the receipt of the sale price of Rs. __________ (Rupees only) in full and handed over the delivery and possession of the scheduled property.

Description of the Immovable Property

…………………………………………………………………………………………………………........................................................... All that part and parcel of the property consisting of

No.______      /Plot No. _____ in Survey No._______    / City or Town Survey No. __________         / Khasara No._______ within the registration sub-district ________ and District        .

Bounded: On the North by On the South by On the East by On the West by --------------------------------

              

-------------------------------------------------------------------------  

          (Custodian of Enemy Property for India)

Date ----------------------------------       

Place -------------------------------------   

(FREEDOM FIGHTER AND REHABILITATION DIVISION)

ORDER

New Delhi, the 21st March, 2018

G.S.R. 257(E).—In exercise of powers conferred by section 18 of the Enemy Property Act, 1968 (34 of 1968), the Central Government hereby makes the following order for specifying the procedure for transferring property (not being an enemy property) vested in the Custodian as enemy property, to the person from whom such property was acquired and vested in the Custodian, namely:-

Short title and commencement.(1) This Order may be called the Transfer of Property (Vested as Enemy Property in the Custodian) Order, 2018.

(2) It shall come into force on the date of its publication in the Official Gazette.

  1. Manner and period of making a representation under section 18 of the Act.- (1) Any person aggrieved by an order of vesting a property in the Custodian under the Act and the rules made there under may make a representation to the Joint Secretary in the Ministry or Department of the Government of India dealing in matters relating to enemy property , (hereinafter referred to as the “concerned  Joint Secretary”) within a period of thirty days from the date of receipt of such order or from the date of its  publication in the Official Gazette, whichever is earlier.

(2) Every such representation shall be accompanied by the following, namely:-(i) details of the property (including district name, sub-division name, police station name, post office name, block or tehsil name, date of vesting of transferable property) claimed to be owned by the transferee; (ii) copies of relevant revenue records relating to the property; (iii) documentary evidence in support of the claim, if any, in respect of the property; (iv) evidence in support of being citizen of India;(v) name, addresses and other details of the occupant of the property, their status, their relationship with the transferee and other relevant details; (vi) any other information or document in support of the property and the transferee.

  1. Procedure for transfer of property (which is not an enemy property) vested in the Custodian.- (1) The concerned Joint Secretary shall, on receipt of a representation from a person aggrieved by an order vesting a property as enemy property in the Custodian referred to in sub-paragraph (1) of paragraph 2, initiate  process for giving hearing to the person from whom such property was acquired after giving at least 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 an authorised representative.

(2) If any party fails to appear on the date fixed for hearing, 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 and the reasons thereof shall be recorded.

On completion of the proceedings, the details including depositions shall be furnished to the parties.

The concerned Joint Secretary shall, after examining the evidence and calling for further reports and inquiry as may be necessary, pass such orders thereon as he thinks fit, and a copy of the said orders shall be sent to the parties, after approval of the Central Government.

  1. Transfer of property by the Custodian.- The Custodian, on receipt of the order of the Joint Secretary to treat the property not as an enemy property, shall revoke his earlier order vesting such property in him and publish the same in public domain and send a copy thereof to the concerned parties and to the District Authority for amending its records.

[F. No. 37/32/2017-EP]

A V DHARMA REDDY, Jt. Secy.