LokSabha passes Enemy Property (Amendment and Validation) Bill, 2016

 

Pi Bureau :

 

Today Lok Sabha passes the Enemy Property (Amendment and Validation) Bill, 2016 adding in the amendments made by the Rajya Sabha last week.

 

Successors of those who migrated to Pakistan  during partition will have no claim over the properties left behind in India, Parliament on Tuesday passing a bill to amend a 49-year-old law.

 

The Enemy Property (Amendment and Validation) Bill, 2016, which amends the Enemy Property Act, 1968, was passed by voice vote in the Lok Sabha, incorporating the amendments made by the Rajya Sabha last week.

 

The Lok Sabha had passed the bill earlier but certain amendments were introduced to it in the Rajya Sabha, on the recommendations of a Select Committee. Those amendments had to be approved by the Lower House, which was done on Tuesday.

 

According to the bill, “Enemy property” refers to any property belonging to, held or managed on behalf of an enemy, an enemy subject or an enemy firm.

 

Till today, the government has vested these properties in the Custodian of Enemy Property for India, an office instituted under the central government.

This act was enacted after India-Pakistan War of 1965 in 1968, which regulates such properties and lists and tells the Custodian’s powers.

 

The government brought the amendment in the wake of a claim laid by the heirs of Raja Mohammad Amir Mohammad Khan, known as Raja of Mahmudabad, on his properties spread across Uttar Pradesh and Uttarakhand.

 

 

 

 

 

 

Some members expressed concern over this provision, saying there could be litigations.

 

 

Home Minister  also cited various Supreme Court rulings to allay concerns on this aspect.

 

 

 

 

The Home Minister said the ‘enemy’ properties are worth thousands of crores of Rupees and that all such assets have been identified. “If any properties remain to be identified, those will also be identified. soon

 

He underlined that a tenant will be unaffected by the new law even though Tenancy laws will apply.

 

On the claim laid on Raja Mahmudabad’s properties by his heirs, Mr. Singh said they have no claim.

 

 

 

Congress member Adhir Ranjan Chowdhury opposed the provision to implement the legislation with retrospective effect. He further said ; “ the new definitions of patriotism are coming up which is a “sad thing”, he claimed that the bill would have adverse financial impact on the people, especially Muslims.

 

 

He strongly opposed the Bill .

Trimool Congress too, declared it as ordinance raj

 

 

 

Mohammed Salim (CPI(M)) said the provision in the bill whereby people cannot go to lower courts would impact the poor as going to High Court would be expensive.

 

 

 

 

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