The Enemy Property (Amendment and Validation) Bill, 2016

Highlights of the Bill
  • The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property in the Custodian
  • The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This applies retrospectively to transfers that have occurred before or after 1968.
  • The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.
Key Issues and Analysis
  • The Act allows transfer of enemy property from the enemy to other persons. The Bill declares all such transfers as void. This may be arbitrary and in violation of Article 14 of the Constitution.
  • The Bill prohibits civil courts from entertaining any disputes with regard to enemy property. It does not provide any alternative judicial remedy (eg. tribunals). Therefore, it limits judicial recourse or access to courts available to aggrieved persons.

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