Section 22A of The Enemy Property Act, 1968
1 [22A. Validation.—Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,—
- (a)the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017, shall have and shall always be deemed to have effect for all purposes as if the provisions of this Act, as amended by the said Act, had been in force at all material times;
- (b)any enemy property divested from the Custodian to any person under the provisions of this Act, as it stood immediately before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the Custodian in the same manner as it was vested in the Custodian before such divesting of enemy property under the provisions of this Act, as if the provisions of this Act, as amended by the aforesaid Act, were in force at all material times;
- (c)no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the Custodian vested in him under section 5 of this Act, as it stood before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, and such enemy property shall continue to vest in the Custodian under section 5 of this Act, as amended by the aforesaid Act, as the said section, as amended by the aforesaid Act was in force at all material times;
- (d)any transfer of any enemy property, vested in the Custodian, by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the Custodian which is contrary to the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the Custodian under this Act.]
Summary
- The provisions of the Act, as amended in 2017, are deemed to have been in force and had effect at all past material times, regardless of any court judgments or decrees.
- Any enemy property that was divested (taken away) from the Custodian and given to any person under the pre-2017 version of the Act is automatically transferred back to the Custodian.
- Such returned property vests in the Custodian free from all encumbrances (claims, liabilities, or mortgages) just as it did before.
- No court, tribunal, or authority can enforce or continue any suit to enforce any prior decree or order that directed the divestment of property vested in the Custodian under Section 5.
- Any transfer of enemy property resulting from a civil court's order of attachment, seizure, or execution sale that contradicts the amended Act is null and void.
- Such incorrectly transferred property continues to vest in the Custodian despite any court execution or sale.
Practical examples
FAQ
1. What is the main purpose of Section 22A?
Its main purpose is to validate the 2017 amendments retrospectively. It ensures the amended law applies to all past actions, overriding any contrary court judgments, decrees, or orders.
2. What happens if a court ordered the Custodian to return property to a person before 2017?
Under Section 22A(b), any property divested from the Custodian under the old rules is automatically transferred back and continues to vest in the Custodian free from all encumbrances.
3. Can an ongoing lawsuit be maintained to enforce an old court order directing the return of property?
No, Section 22A(c) bans the maintenance or continuation of any suit or proceeding in any court or tribunal to enforce a decree or direction that orders the divestment of property vested under Section 5.
4. What happens if a civil court seized and sold enemy property to execute a decree?
Under Section 22A(d), any such transfer by court attachment, seizure, or sale in execution of a decree is deemed completely null and void, and the property continues to vest in the Custodian.
Test yourself
Q1.Under Section 22A of The Enemy Property Act, 1968, how are the 2017 amendments applied to events that occurred before the amendments were passed?
Q2.Under Section 22A(b) of The Enemy Property Act, 1968, what is the legal status of enemy property that was divested (returned) from the Custodian to a private person before the 2017 amendment?
Q3.Under Section 22A(c) of The Enemy Property Act, 1968, in relation to Section 5, what happens to ongoing court proceedings that seek to enforce a decree directing the Custodian to give up enemy property?
Q4.Under Section 22A(d) of The Enemy Property Act, 1968, what is the legal status of an execution sale where a civil court sold vested enemy property to satisfy a debt?