Home Details of Transfer u/s 18 Guidelines for Transfer order ,2018

Guidelines for Transfer order ,2018



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:-

  1. 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 authorized 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]