New Delhi, October 16, 2024: The Ministry of Home Affairs (MHA) has issued a new notification amending the Guidelines for the Disposal of Enemy Property Order, 2018. The updated regulations will now be called the Guidelines for the Disposal of Enemy Property (Amendment) Order, 2024.
The amendments were made under the powers conferred by sub-section (6) of Section 8A of the Enemy Property Act, 1968. According to the notification (G.S.R. 648(E)), the changes come into effect immediately upon publication in the Official Gazette.
Key Amendments in the Guidelines:
One of the most significant changes is in paragraph 9, sub-paragraph (2), clause (a) of the original guidelines. The new clause stipulates:
- If the value of enemy property is below ₹1 crore in a rural area or below ₹5 crore in an urban area, the occupant will be given the first offer to purchase the property.
- If the occupant refuses to purchase, the property will be disposed of following the procedures outlined in the remaining clauses (b), (c), and (d).
Definition of Rural and Urban Areas:
- Rural area: Any area not governed by an urban local body or cantonment board.
- Urban area: Any area under a municipal corporation or municipality, as notified by the Central Government, considering population, industrial concentration, and planning needs.
Background
The principal order governing the disposal of enemy properties was first introduced on March 21, 2018 and has since been revised multiple times to enhance clarity and operational efficiency. The previous amendments were issued in March 2019, November 2021, March 2023, July 2023, and October 2023.
Enemy Property in India
“Enemy property” refers to assets belonging to nationals of countries that are considered enemies of India, such as Pakistan or China, particularly following conflicts like the wars of 1965 and 1971. These properties are vested in the Custodian of Enemy Property for India. With these amendments, the government aims to streamline the disposal process by prioritizing occupants and ensuring quicker resolutions.
The latest amendment demonstrates the government’s ongoing effort to ensure transparent and efficient handling of enemy properties, balancing public interest with regulatory needs.
(Reference: Notification by Ministry of Home Affairs, dated October 16, 2024)