In exercise of the powers conferred by sub section 6 of section 8A of the Enemy Property Act

## Report on the Guidelines for the Disposal of Enemy Property Amendment Order, 2021 **1. Executive Summary:** This report analyzes the Guidelines for the disposal of Enemy Property Amendment Order, 2021, which amends the Guidelines for the disposal of Enemy Property Order, 2018. The primary purpose of this amendment is to reconstitute the Enemy Property Disposal Committee. The key change involves modifying the composition of the committee by specifying the positions of the members and their nominating authorities. This amendment likely aims to streamline and clarify the decision-making process regarding the disposal of enemy property. **2. Introduction:** This report provides an overview and analysis of the Guidelines for the disposal of Enemy Property Amendment Order, 2021, based solely on the text provided. The report aims to inform stakeholders about the changes introduced by this amendment and their potential impact. **3. Policy Overview:** * This order amends the **Guidelines for the disposal of Enemy Property Order, 2018.** * **Core Objective(s):** The core objective, inferred from the text, is to **revise the composition of the Enemy Property Disposal Committee.** The amendment aims to establish a defined structure for the committee responsible for overseeing the disposal of enemy property. **4. Background and Rationale:** This amendment likely aims to address issues related to the composition and structure of the Enemy Property Disposal Committee as defined in the 2018 order. By specifically naming positions and nominating authorities for each member, the amendment likely intends to create a more transparent, efficient, and accountable process for disposing of enemy property. It suggests a need for greater clarity in the committee's structure or perhaps a desire to ensure representation from specific government bodies. **5. Key Provisions / Changes:** * **Specific Part of the Original Policy Changed:** Paragraph 5, sub-paragraph 1 of the Guidelines for the disposal of Enemy Property Order, 2018. * **New Rule/Provision:** Sub-paragraph 1 is substituted with a provision that specifically outlines the composition of the Enemy Property Disposal Committee: * Chairman: Additional Secretary to the Government of India in the Ministry of Home Affairs nominated by the Home Secretary. * Member: Financial Advisor in the Ministry of Home Affairs, Government of India. * Member: Joint Secretary in the Ministry of Home Affairs nominated by the Home Secretary. * Member: Joint Secretary in the Department of Disinvestment and Public Asset Management, Ministry of Finance. * Member: Joint Secretary or equivalent in the Ministry of Law and Justice. * Member: Chief Engineer, Central Public Works Department. * Member Secretary: Custodian of Enemy Property for India. * **Difference/Effect of the Change:** The amendment replaces the previous sub-paragraph 1 (whose content is not provided, but presumably less specific). The impact of this change is to provide a precise definition of the Committee's membership. This aims to remove ambiguity and clearly assign responsibility for the disposal process to specific positions within government. **6. Target Audience and Stakeholders:** The directly affected stakeholders include: * The Ministry of Home Affairs. * The Department of Disinvestment and Public Asset Management, Ministry of Finance. * The Ministry of Law and Justice. * The Central Public Works Department. * The Custodian of Enemy Property for India. * Individuals or entities potentially acquiring or impacted by the disposal of enemy properties. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Home Affairs, particularly the Home Secretary, plays a central role in nominating members to the Committee. The Custodian of Enemy Property for India is also a key player, serving as the Member Secretary. The Department of Disinvestment and Public Asset Management is also involved. * **Timelines or Procedures:** The amendment comes into force on the date of its publication in the Official Gazette (November 23, 2021, as per the provided gazette information). No other specific timelines or procedures are outlined in the provided text. The existing processes outlined in the 2018 order, as amended, would likely govern the actual disposal process. * **Amendment-Specific Implementation:** The immediate implementation involves the reconstitution of the Enemy Property Disposal Committee according to the new composition guidelines. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to enhance the efficiency, transparency, and accountability of the Enemy Property Disposal Committee. By clearly defining the membership of the committee, the government likely expects to expedite decision-making, ensure diverse perspectives are considered, and improve overall governance of the disposal process. The impact of this change should be a smoother and more regulated process for disposing of enemy property. **9. Conclusion:** The Guidelines for the disposal of Enemy Property Amendment Order, 2021, represents a targeted effort to refine the structure of the Enemy Property Disposal Committee. The amendment is significant because it aims to provide greater clarity and accountability in the process of managing and disposing of enemy property, potentially leading to a more streamlined and effective approach. The specificity of the amendment highlights the importance of a well-defined committee structure in the efficient execution of government policy.

Key Entities Referenced