Section 5: Cases in which right of pre-emption does not accrue

(1) The right of pre-emption shall not accrue—(a) upon the transfer of a shop, katra, sarai, musafirkhana, dharamshala, temple, mosque or other similar buildings; or (b) upon a sale— (i) by or to the Central or State Government, or (ii) by or to any local authority, or (iii) to any company under the provisions of Part VII of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953), or (iv) for the purpose of a manufacturing industry; or (c) on a transfer to any of the persons mentioned in section 6, to any person who has an equal or inferior right of pre-emption; or (d) in the case of a transfer by joint owners, to a party to such transfer; or(e) in respect of— (i) any sale in execution of a decree of a civil or revenue court, or(ii) any sale in default of payment of land revenue or of any sum legally recoverable as in arrear of land revenue: Provided that, in the case contemplated by sub-clause (iv) of clause(b) the right of pre-emption shall accrue, subject to the other provisions of this Act, on the expiry of one year from the date of the registration of the saledeed, in case such sale is made without a registered deed from the date of taking physical possession of the immovable property sold if such property has not been used in good faith for the purpose for which it was ostensibly purchased. (2) Nothing in this Act shall – (a) affect the provisions of rule 88 of Order XXI of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) or the provisions of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1965) or of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), or of the Rajasthan Colonisation Act,. 1954 (Rajasthan Act 27 of 1954), or (b) confer on any person, the right of pre-emption in respect of any immovable property which such person is not entitled to purchase; under any law for the time being in force.