Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Enemy Property (Amendment) Act, 1977 40 of 1977 [15 December 1977] CONTENTS 1. Short Title And Commencement 2. Amendment Of Long Title 3. Amendment Of Section 2 4. Amendment Of Section 3 5. Amendment Of Section 4 6. Amendment Of Section 5 7. Amendment Of Section 7 8. Amendment Of Section 8 9. Amendment Of Section 23 10. Amendment Of Section 24 11. Repeal And Saving Enemy Property (Amendment) Act, 1977 40 of 1977 [15 December 1977] An Act to amend the Enemy Property Act, 1968. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:-- 1. Short Title And Commencement :- (1) This Act may be called the Enemy Property (Amendment) Act, 1977. (2) It shall be deemed to have come into force on the 27th day of September, 1977. 2. Amendment Of Long Title :- In the long title of the Enemy Property Act, 1968 (34 of 1968.), (hereinafter referred to as the principal Act), after the words and figures "Defence of India Rules, 1962", the words and figures "and the Defence of India Rules, 1971" shall be inserted. 3. Amendment Of Section 2 :- In clause (b) of section 2 of the principal Act, after the words and figures "Defence of India Rules, 1962", the words and figures "or the Defence of India Act, 1971 (42 of 1971.), and the Defence of India Rules, 1971" shall be inserted. 4. Amendment Of Section 3 :- In the proviso to section 3 of the principal Act, after the words and figures "Defence of India Rules, 1962", the words and figures "or the Defence of India Rules, 1971, as the case may be" shall be inserted. 5. Amendment Of Section 4 :- In the proviso to section 4 of the principal Act, after the words and figures "Defence of India Rules, 1962", the words and figures "or the Defence of India Rules, 1971, as the case may be" shall be inserted. 6. Amendment Of Section 5 :- Section 5 of the principal Act shall be renumbered as sub-section (1) thereof and after that sub-section as so renumbered, the following sub-section shall be inserted, namely :-- "(2) Notwithstanding the expiration of the Defence of India Act, 1971 (42 of 1971) and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of the Enemy Property (Amendment) Act, 1977 shall, as from such commencement, vest in the custodian.". 7. Amendment Of Section 7 :- In section 7 of the principal Act, after the words and figures "Defence of India Rules, 1962", wherever they occur, the words and figures "or the Defence of India Rules, 1971, as the case may be" shall be inserted. 8. Amendment Of Section 8 :- In sub-section (2) of section 8 of the principal Act, in clause (x), after the figures, letters and words "25th October, 1962", the words, figures and letters "or on the 3rd December, 1971" shall be inserted. 9. Amendment Of Section 23 :- In sub-section (3) of section 23 of the principal Act, for the words "or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following", the words "or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid shall be substituted. 10. Amendment Of Section 24 :- Section 24 of the principal Act shall be renumbered as sub-section (1) thereof and after that sub-section as so renumbered, the following sub-section shall be inserted namely :-- "(2) Every order which was made under the Defence of India Rules, 1971 by the Central Government or by the Custodian of Enemy Property for India appointment under those Rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act,". 11. Repeal And Saving :- (1) The Enemy Property (Amendment) Ordinance, 1977 (11 of 1977.), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the person, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.