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THE RAJASTHAN PRE-EMPTION ACT, 1966

(Act No.1 of 1966)

CONTENTS

CHAPTER 1

Preliminary

1. Short title. extent and commencement

2. Definition

CHAPTER II

Pre-emption

3. “Right of pre-emption” defined

4. Cases in which right of pre-emption accrues

5. Cases in which right of preemption does not accrue

6. Persons to whom right of pre-emption accrues

7. Power to exclude

CHAPTER III

Procedure

8. Notice to pre—emptors

9. Loss of right of pre-emption on transfer

10. Loss of right of pre-emption on foreclosure

11. Suit to enforce right of pre-emption

12. Cosolidation of suits

13. Decree to fix time for payment

14. Effect of non—payment

15. Effect of loss of right of pre—emption prior to decree

16. Associating in suit co-plaintiff with inferior rights

17. Joint purchase by persons one of whom is liable to pre-emption

18. Survival of right» of suit on death of plaintiff

CHAPTER IV

Miscellaneous provisions

19. Transfer of of property to pre-emptor or acquisition of

right by original transferee prior to suit

20. Date on which pre-emptor‘s fight accrues

21. Special provision for limitation

22. Saving of rights previously accrued

23. Abolition of other rights of preemption

24. Repeal

THE RAJASTHAN PRE-EMPTION ACT, 1966

[Act No. 1 of 1966)

[Received the assent of the President. on the 1st day of February,

1963: Assent. published in the Rajasthan Gazette. Part IV-A. Extraordi-

nary, dated 10th February. 1966}

An Act to consolidate and amend the law relating to pre- emption in the State of Rajasthan

COMMENTARY

SYNOPSIS

1. Statement of objects and reasons

2. History and back ground

3. Sources of law

4. Customary law before the Act

5. Customary law before the Act how far modified in Jaipur State

6. Object of law

7. Nature of the Act

      A. Special law

      B. Technical law

C. Mandatory or directory

8. Validity of the Act

A. General

B. Constitutional validity of claims before 26-1 -1950

C. Reasonable restrictions upon the right to acquire, hold and

      dispose of property

D. Validity of right based co-ownership

E. Validity of right based on vicinage

9. Repugnancy of the Act with other enactments

A. Order 21 of Rule 88 Civ PC

B- Hindu Successiim Act, 1956, S. 22

C. Limitation Act, 1963 i

D. The Mohammed Law

E. S. 52 of the Transfer of Property Act

10 Preamble

A. An Act to consolidate and amend

B. Effect on previous state of law

11.Retrospective operation of the Act

A. General principles

B. ind ications of

12.General.

1.Statement of objects and Reasons

On the subject of preemption different laws prevail in different part of the State. In some parts

no law exists at all but cases relating to pre—e1nption in those parts are

dealt with on the basis of custom. Thus much difficulty is experienced in

ad ministering different laws in parts and as a step towards the unification

of the laws in the State it is considered necessary to provide by law a self