MHNSTRY OF HOME AFFAIES NOTIFICATION New Delhi, the 17th May 1963 G.S.R. S61.—In exercise of the powers conferred by section % of the Union Territories (Laws) Act, 1950 (30 of 1950) the Central Government hereby extends co the Union ter r i tory of Himachal Pradesh the Punjab Pre-emption (Amend ment) Act, 1960 (Punjab Act 10 of 1960), as at present in force in the State of Punjab, subject to the following modifications namely:— Modifications In the said Act,—
(1) in section 2, for the words and figures '-Punjab Pre-empt ion Act, 1913", the words and figures "Punjab Pre-emption Act, 1913, as extended to the Union terri tory of Himachal Pradesh" shall be substi tuted; and
(2) for section 6, the following section shall be substituted, namely:— ti. "Insertion of new section 31 in Punjab Act I of 1913.—After section 30 oi the Principal Act, the following new section shall be added, namely;— "31. Ho court shall pass a decree in a suit for pre-emption whether instio , , « ^ ^ r>™ „™„+ir,T, / A „ n „ H tuted before or after the date of ex- J mS» Act 1980 afex" tension o f t h e P u i ^ a b Pre-emption XL^AJA *5 tho T W m (Amendment) Act, 1960 to the Union Terr i tory of Himachal terr i tory of Himachal Pradesh which I r a d S ^ o apply to aU & inconsistent with the provisions of suits. t n e s a m Acl- ANNEXUKE THE PUNJAB PRE-EMPTION (AMENDMENT) ACT, 1960, AS EXTENDED TO THE UNION TERRITORY OF HIMACHAL PRADESH PUNJAB ACT NO. 10 OF 1960 AN ACT to amend the Punjab Pre-emption Act, 1913.
Be it enacted by the Legislature of the State of Pun jab in the Eleventh Year of the Republic of India as follows:—
1. Short title.—This Act may be called the Punjab Pre-emption (Amendment) Act. 1960.
2. Substitution of section 5 of Punjab Act 1 of 1913.—For section 5 of the Punjab Pre-emption Act, 1913, as extended to the Union terr i tory of Himachal Pradesh (hereinafter refer red to as the Principal Act, the following shall be substituted, namely:— "5. No r ight of pre-emption shall exist in respect of— No r ight of pre-emption in certain cases.
(a) the sale of or foreclosure of a r ight to redeem—
(i) a shop, serai or kat ra ;
(ii) a dharmsala, mosque or other similar building; or
(b) the sale of agricultural land being waste land reclaimed by the vendee.
Explanation.—For the purposes of this section the expression ' 'waste l and" means land recorded as banjar of any kind in revenue records and such ghavr mumfcin lands as are reclaimable."
3. Substitution of section 6 of Punjab Act 1 of 1913.—For section 6 of the Princi pal Act, the folio whig section shall be substituted, namely:— "6. A right of pre-emption shall exist in respect of village immovable pro per ty and, subject to the provisions of clause (b) of section 5 in Exists in agricultural land and respect ofAgrieul tu r a i l and, bu t every vi l lagl immovable pro- such r ight shall be subject to all the p e r t y provisions and limitations in this Act contained." ' 4, Substitution of sections 15 and IS of Punjab Act j of 1913.—For sections 15 and 16 of the Principal Act the following sections shall be substituted, namely:— "15 (1) The right of pre-emption in respect of agricultural land and village i immovable property shall vest— Persons in whom right of pre-emption vests in respect of sales of agricultural land and village immovable property.
(a) where the sale is by a sole owner,— FIRST, in the son or daughter or son's son or daughter 's son of the vendor;
SECONDLY, in the brother of brother 's son of the vendor;
THIRDLY, in the father's bro ther or father's brother 's son of the vendor;
FOURTHLY, in the tenant who holds under tenancy of the vendor the land or property sold or a par t thereof;
(b) whe re the sale is of a share out of joint land or property and is not made by all the co-sharers jointly,— FIRST, in the sons or daughters or sons' sons or daughters ' sons^of the vendor or vendors;
SECONDLY, in the brothers or brother 's sons of the vendor or vendors;
THIRDLY, in the father 's brothers or father 's brother 's sons of the vendor or vendors;
FOURTHLY, in the other co-sharers;
FIFTHLY, in the tenants who hold under tenancy of the vendor or ven dors the land or property sold or a part thereof;
(c) where the sale is of land or property owned jointly and is made by all the co-sharers jointly:— FIRST, in the sons or daughters or sons' sons or daughters ' sons of the vendors;
SECONDLY, in the brothers or brother 's sons of the vendors;
THIRDLY, in the father 's brothers or father 's brother 's sons of the vendors;
FOURTHLY in the tenants who hold under tenancy of the vendors or any one of them the land or property sold or a pa r t thereof.
(2) Notwithstanding anything contained in sub-section (1),— ^
(a) w h e r e the sale is by a female of land or property to which she ha£ succeeded through her father or brother or the sale in respect of such land or property is by the son or daughter of such female after inheritance, the r ight of pre-emption shall vest,—
(i) if the sale is by such female, in her brother or brother 's son;
(h) if the sale is by the son or daughter of such female, in the mother 's brothers or the mother 's brother 's sons of the vendor or vendors;
(b) where the sale is by a female of land or property to which she has succeeded through her husband, or through her son in case the son has inherited the land or proper ty sold from his father, the r ieht of pre-emption shall vest,— ' ^ r j g n T FIRST, in the son or daughter of such female;
SECONL^Y, in the husband's brother or husband 's brother 's son of such
16. The r ight of pre-emption in respect of u rban immovable property shall Person in whom right of pre- v e s t m the tenant who holds under emption vests in an u rban tenancy of the vendor the property immovable property . s ° ld o r a par t thereof."
5. Amendment of section 17 of Punjab Act I of 1913.—In section 17 of the Principal Act, clauses (c) and (d) shall be omitted. 0 1 t J i e
6. Insert ion of new section 31 in Punjab Act I of 1913.—After section W nf the Principal Act, the following new section shall be added, n a m e l y : - ° f t h e "31. No court shall pass a decree in a suit for pre-emption whether insti- Punjab Pre-emption (Amend- tuted bafore or after the date of extenment) Act, 1980 as exten- s i o n o f the Punjab Pre-emption ded to the Union terr i tory (Amendment) Act, 1960 to the Union of Himachal Pradesh to terr i tory of Himachal Pradesh which apply to all suits. i s inconsistent with the provisions of the said Act."
[No. F. 4/4/62-Judl.II /UTL.60.]
P. N. HAUL, Dy. Secy.
GMGIPND—DME—6? HA (JC. 902)—2 0-5-63—200.