Section 5:
Property vested in the Custodian of Enemy property for India under the Defence of India Rules, 1962, to continue to vest in Custodian.
1
[(1)] Notwithstanding the expiration of the
Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, 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 this Act, shall, as from
such commencement, vest in the Custodian.
2
[(2) Notwithstanding the expiration of the Defence of India Act, 1971 (12 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 (40 of 1977) shall, as
from such commencement, vest in the custodian.]
3[(3) The enemy property vested in the Custodian shall, notwithstanding that the enemy or the
enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of
business or change of nationality or that the legal heir and successor is a citizen of India or the citizen
of a country which is not an enemy, continue to remain, save as otherwise provided in this Act, vested
in the Custodian.
Explanation—.For the purposes of this sub-section, "enemy property vested in the Custodian"
shall include and shall always be deemed to have been included all rights, titles, and interest in, or any
benefit arising out of, such property vested in him under this Act.]
Notes:
1. Section 5 renumbered as sub-section (1) thereof by s. 6, ibid. (w.e.f. 27-9-1977).
2. Ins. by s. 6, for ibid. (w.e.f. 27-9-1977).
3. Ins. by Act 3 of 2017, s. 3 (w.e.f. 10-7-1968).