Government may approve promulgation of Enemy property ordinance

NEW DELHI: Government is likely to approve promulgation of an ordinance tomorrow to amend the Enemy Property Act, 1968 to allow custodians to continue to hold sway over such properties.

The decision is expected to be taken in a meeting of the Union Cabinet to be chaired by Prime Minister Narendra Modi, official sources said.

The ordinance is aimed at amending the provisions of the Act declaring that all enemy property vested in the 'custodian' of enemy property would continue to vest in the custodian irrespective of the death or extinction of the enemy.

The custodian of Enemy Property for India is an Indian government department that is empowered to appropriate property in India owned by Pakistani nationals.

After the Indo-Pakistani War of 1965, the Enemy Property Act was promulgated in 1968.

The Narendra Modi government, following the footsteps of the previous UPA government, has been keen to amend the Enemy Property Act, 1968.

While the UPA government had promulgated the Enemy Property (Amendment and Validation) Ordinance, the Bill introduced in Parliament could not be passed due to various issues, including differences within the government itself.

Since assuming charge in May 2014, the NDA government has taken the ordinance route at least a dozen times, with the first nine ordinances being promulgated in the first eight months of the government.

President Pranab Mukherjee is learnt to have expressed his reservation in promulgating ordinance frequently and reportedly had observed that such a route should be taken only in 'compelling circumstances'.