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THE PUNJAB PRE-EMPTION (REMOVAL OF DOUBTS) ORDINANCE, 1972

(Pb Ord. XI of 1972)

C O N T E N T S

Sections

         1.         Short title and commencement.

         2.         Removal of doubts.

         3.         Restoration and fresh disposal of suits, etc.

SCHEDULE

 

[1]THE PUNJAB PRE-EMPTION (REMOVAL OF DOUBTS) ORDINANCE, 1972

(Pb Ordinance XI of 1972)

[12 April 1972]

An Ordinance to make provision for the removal of doubts in regard to the existence of right of pre-emption in respect of the sale of certain properties

Preamble.— WHEREAS doubts have arisen in regard to the existence of right of pre-emption in respect of the sale of certain properties;

      AND, WHEREAS it is expedient to remove such doubts;

      NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969 read with the Proclamation of 20th December, 1971 and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1.   Short title and commencement.— (1) This Ordinance may be called the Punjab Pre-emption (Removal of Doubts) Ordinance, 1972.

      (2)  It shall come into force at once and shall be deemed to have taken effect from the 7th January, 1972.

2.   Removal of doubts.— Notwithstanding anything contained in the Punjab Pre-emption Act, 1913 or any other law, or notification No. 6461-71/3316-LRIII, dated the 23rd November, 1971, issued by the Board of Revenue, Punjab, and published in the Punjab Gazette of 7th January, 1972 (hereinafter referred to as the notification), or any decree, judgment or order of any court, or any proceeding pending before any court, the notification shall not apply to any sale of agricultural land or other immovable property unless—

      (a)  such sale is in respect of the agricultural land or other immovable property described in the Schedule to this Ordinance and is in favour of a person displaced from Mianwali District by the construction of Chashma Barrage; and

      (b)  it is certified by the Commissioner of Sargodha Division that such person has been so affected by the construction of the said Barrage.

3.   Restoration and fresh disposal of suits, etc.— All suits, appeals and other proceedings decided after the issuance of the notification on the basis of any interpretation of the notification inconsistent with the provisions of this Ordinance shall stand restored and be decided afresh.

SCHEDULE

1.   Agricultural land not exceeding fifty acres in a canal irrigated area situated in Mianwali District or Khushab Tehsil of Sargodha District.

2.   Agricultural land not exceeding one hundred acres in an area other than canal irrigated area situated in Mianwali District or Khushab Tehsil of Sargodha District.

3.   Other immovable property, situated in Mianwali District or Khushab Tehsil of Sargodha District, the market value of which does not exceed rupees ten thousand.

 


 

[1]This Ordinance was promulgated by the Governor of the Punjab on 12th April, 1972; published in the Pb Gazette (Extraordinary), dated 12th April, 1972, pages 517 to 519; saved and validated by Articles 268 and 269 of the Constitution of the Islamic Republic of Pakistan (1973).

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