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Core Purpose

Order amending the Guidelines for the Disposal of Enemy Property Order, 2018, revising the procedure for offering enemy property for purchase and eviction.

Detailed Summary

The Ministry of Home Affairs issued G.S.R. 739(E) dated 13th October 2023, titled the Guidelines for the Disposal of Enemy Property (Amendment) Order, 2023, under sub-section (6) of section 8A of the Enemy Property Act, 1968 (34 of 1968), effective from the date of publication. The amendment substitutes clauses (a) and (b) of sub-paragraph (2) of paragraph 9 of the Guidelines for Disposal of Enemy Property Order, 2018, providing that enemy property valued below rupees one crore shall first be offered for purchase to the occupant, and if refused, disposed of per clauses (b), (c) and (d), with eviction proceedings to be initiated with the help of the District Magistrate or Deputy Commissioner before sale. The principal order (G.S.R. 258(E) dated 21st March 2018) had been previously amended by G.S.R. 201(E) dated 8th March 2019, G.S.R. 826(E) dated 17th November 2021, G.S.R. 200(E) dated 17th March 2023, and G.S.R. 532(E) dated 24th July 2023. Signed by Anant Kishore Saran, Joint Secretary, under F. No. 38/27/2020-EP.

Full Text

6544 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 586] NEW DELHI, FRIDAY , OCTOBER 13 , 2023/ ASVINA 21, 1945 CG-DL-E-13102023-249423 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 13th October , 2023 G.S.R. 739(E).—In exercise of the powers conferred by sub -section (6) of section 8A of the Enemy Property Act, 1968 (34 of 1968), the Central Government hereby makes the following Order further to amend the Guidelines for the disposal of Enemy Property Order, 2018, namely: - 1. Short title and co mmencement - (1) This Order may be called the Guidelines for the disposal of Enemy Property (Amendment) Order, 2023. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Guidelines for disposal of Enemy Property O rder, 2018, in paragraph 9, in sub -paragraph (2), for clauses (a) and (b), the following clauses shall be substituted, namely: - “(a) is valued below rupees One Crore, the Custodian shall offer for purchase to the occupant first and if the occupant refuses the offer of purchase, then the enemy property shall be disposed of in accordance with the procedure specified in clauses (b), (c) and (d); (b) the process for eviction of enemy property shall be initiated with the help of the District Magistrate or the Deputy Commissioner before the sale of the properties; ”. [F. No. 38/27/2020 -EP] ANANT KISHORE SARAN , Jt. Secy. Note : The principal order was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide G.S.R. 258 (E) dated the 21st March, 2018 and subsequently amended, vide notification number G.S.R. 201(E) dated the 8th March, 2019 and G.S.R. 826(E) dated the 17th November, 2021 and G.S.R. 200(E) dated the 17th March, 2023 and G.S.R. 532 ( E) dated the 24th July, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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