Section 8A of EPA : Section 8A: Sale Of Property By Custodian

Explanation using Example

Imagine a scenario where a property in Mumbai was owned by a person who migrated to Pakistan during the 1965 India-Pakistan war and was subsequently declared an enemy alien by the Indian government. This property, now classified as "enemy property," has been under the management of the Custodian of Enemy Property for India.

In 2021, the Central Government decides that it is in the best interest to dispose of certain enemy properties to generate revenue. It specifies a time frame and instructs the Custodian to proceed with the sale. Following the provisions of Section 8A of the Enemy Property Act, 1968, the Custodian, with prior approval from the Central Government, prepares to sell the Mumbai property through a public auction.

To ensure the process is secure and orderly, the Custodian requisitions the services of local police officers to maintain order during the auction. After the sale is completed, the Custodian deposits the proceeds into the Consolidated Fund of India and reports the sale details, including the buyer's particulars and the amount, to the Central Government.

This example demonstrates the practical application of Section 8A, where the Custodian, with the Central Government's approval, can sell enemy property and manage the process and proceeds as per the guidelines provided by the Act.