Home Affairs

The Bill was referred to the Standing Committee on Home Affairs (Chairperson: Shri M.  Venkaiah Naidu).  The Committee is expected to submit its report by July 15, 2011.

Highlights of the Bill

  • The Bill seeks to amend the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. 
  • The Bill provides for continued vesting of enemy properties in the Custodian of Enemy Property until divested by the government.
  • Under the Bill, property “vested in the custodian” includes titles, rights and interest in or benefit arising out of the property.
  • Any enemy property divested through a court order will be re-vested in the Custodian unless the owner or heir can furnish proof that he is a citizen of India by birth.

Key Issues and Analysis

  • The Bill discriminates between citizens on the basis of birth, which may violate Article 15 of the Constitution.
  • The Bill allows the Custodian to collect money on a property even after divesting it.

Read the complete analysis here