Section 8:
Powers of Custodian In respect of enemy property vested in him.
1[(1) With respect to the
property vested in the Custodian under this Act, the Custodian may take or authorise the taking of
such measures as he considers necessary or expedient for preserving such property till it is disposed of
in accordance with the provisions of this Act.]
(2) Without prejudice to the generality of the foregoing provision, the Custodian or such person as
may be specifically authorised by him in this behalf, may, for the said purpose,
(i) carry on the business of the enemy;
2[(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case
may be, in respect of enemy property;]
(ii) take action for recovering any money due to the enemy;
(iii) make any contract and execute any document in the name and on behalf of the enemy;
(iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to
arbitration and compromise any debts, claims or liabilities;
3[(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal
occupant or trespasser and remove unauthorised or illegal constructions, if any].
(v) raise on the security of the property such loans as may be necessary;
(vi) incur out of the property any expenditure including the payment of any taxes, duties,
cesses and rates to Government or to any local authority and of any wages, salaries, pensions,
provident fund contributions to, or in respect of, any employee of the enemy and the repayment of
any debts due by the enemy to persons other than enemies;
(vii) transfer by way of sale, mortgage or lease or otherwise dispose of any of the properties;
(viii) invest any moneys held by him on behalf of enemies for the purchase of Treasury Bills
or such other Government securities as may be approved by the Central Government for the
purpose;
(ix) make payments to the enemy and his dependents;
(x) make payments on behalf of the enemy to persons other than those who are enemies, of
dues outstanding on the 25th October, 1962 4[or on the 3rd December, 1971]; and
(xi) make such other payments out of the funds of the enemy as may be directed by the
Central Government.
Explanation.In this sub-section and in sections 10 and 17, enemy includes an enemy
subject and an enemy firm.
Notes:
1. Subs. by Act 3 of 2017, s. 7, for sub-section (1) (w.e.f. 10-7-1968).
2 Ins. by s. 7, ibid. (w.e.f. 10-7-1968).
3 Ins. by s. 7, ibid. (w.e.f. 10-7-1968).
4. Ins. by Act 40 of 1977, s. 8 (w.e.f. 29-7-1977).