THE Punjab Pre-Emption Act, 1991
THE Punjab Pre-Emption Act, 1991 The Punjab Pre-Emption Act, 1991, is a significant piece of legislation within the Punjab province of Pakistan that addresses the pre-emption rights of co-sharers or co-owners of agricultural land. This act is designed to regulate the transfer of agricultural land and provide co-sharers with the opportunity to purchase land before it is sold to outsiders, ensuring the preservation of co-ownership rights. Preamble 1. Short title, extent and commencement 2. Definitions 3. Interpretation 4. Act to override other laws 5. Right of pre-emption 6. Persons to whom right of pre-emption vests 7. Priorities in right of pre-emption 8. Joint right of pre-emption how exercised 9. Method of distribution of property where more than one person are equally entitled 10. Withdrawal of claim 11. Sale of appurtenance of land 12. Right to revoke sale 13. Demand of pre-emption 14. Demand by guardian or agent 15. Waiver of right of pre-emption 16. Death of pre-emptor 17. Abatement of right of pre-emption 18. Exercise of right pre-emption by a Muslim and non-Muslim against each other 19. Right of pre-emption non-transferable and indivisible 20. Where pre-emptor and vendee equally entitled 21. Improvements made by vendee 22. Improvement made in status of vendee defendant after institution of suit 23. No right of pre-emption in respect of certain properties 24. Plaintiff to deposit sale price of property 25. Deposit or refund of excess price 26. Sum deposited by pre-emptor not to be attached 27. Determination of price 28. Market value how to be determined 29. Government may exclude areas from pre-emption 30. Limitation 31. Notice 32. Matters ancillary or akin to provisions of this Act 33. Application of Civil Procedure Code and Qanun-e-Shahadat Order 34. Repeal of Act of 1913 35. Saving 36. Rules 37. Repeal of Ordinance IX of 1991 THE PUNJAB PRE-EMPTION ACT, 1991 (IX OF 1991) 6th April, 1991 An Act to bring in conformity with the Injunctions of Islam the law relating to Pre-emption No. Legis. 2(5)/90/18, dated 6th April, 1991. The Punjab Pre-emption Bill, 1990, having been passed by the Provincial Assembly of the Punjab on the 21st day of March, 1991 and assented to by the Governor of the Punjab on the 31st day of March, 1991, is hereby published as an Act of the Provincial Assembly of the Punjab. Preamble. Whereas, it is expedient no re-enact the existing law relating to pre-emption, so as to bring it in conformity with the Injunctions of Islam as set out in the Holy Qur’an and Sunnah; It is hereby enacted as follows. 1. Short title extent and commencement. (1) This Act may be called the Punjab Preemption Act, 1991. (2) It extends to the whole of the Punjab. (3) It shall come into force at once. 2. Definitions. In this Act, unless there is anything repugnant in the subject or context. (a) ‘Immovable property’ means immovable property situated in any area other than an urban area or within cantonment limits as declared by any law relating to Local Bodies or Cantonments, as the case may be, for the time being in force; (b) ‘Pre-emptor’ means a person who has the right of pre-emption; (c) ‘Right of pre-emption’ means a right to acquire by purchase an immovable property in preference to other persons by reason of such right; and (d) ‘Sale’ means permanent transfer of the ownership of an immovable property in exchange for a valuable consideration and includes transfer of an immovable property by .way of ‘hiba-bil-iwaz’ or ‘hiba ba shart-ul-iwaz, but does not include- (i) transfer of an immovable property through inheritance or will or gift, other than ‘ hiba-bil-iwaz’ or ‘hiba ba shart-ul-iwaz; (ii) a sale in execution of a decree for money or of any order of a civil, criminal, revenue or any other*Court or a Revenue Officer or any local authority. (iii) exchange of agricultural land; and (iv) transfer of an immovable property for a consideration other than valuable consideration, such as the transfer of an immovable property by way of lower or composition in a murder or hurt case. Court Decisions Stages at which such right was available. Right of pre-emption was available at four different stages viz; at the time of sale of property in question; at the time of institution of suit; at the time of decree of suit; and at the time of execution of decree. Right of preemption being not available to plaintiff on two stages t.e./ at the time of sale of property and at the time of institution of suit, rejection of his plaint in suit for .pre-emption was un-exceptional.-P.L.J.2000 Lah. 909. Immovable property. Whether Section 2 is repugnant to Injunctions of Islam. Contention that a property can be exempted from pre-emption on basis of necessity, to avoid frivolous suits, therefore, exemption of urban areas should not have been declared repugnant to Injunctions of Islam. In Islamic law of pre-emption, there are only three categories of pre-emptors which cannot be increased. Moreover, suit for preemption cannot be filed unless plaintiff has made three kinds of Talbs within a few months. In view of these restrictions, frivolous suits cannot be filed if pre-emption law is applied to urban areas. Section 2of Act is repugnant to Injunction of Islam to extent that it excludes all urban properties and properties within Cantonment limits from application of Act. P.L.J.1994 SC 221 = PLD 1994SC 1. Plea of defendants that land in question, being situated within Municipal Limits, was not covered by provision of S. 2of Punjab Pre-emption Act 1991 was not decided by Courts below – Case was thus, remanded to trial Court for decision of the suit on basis of assertions, in pleadings. P.L.J. 2002 SC 145 Dismissal of pre-emption suit on
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