Jammu and Kashmir Right of Prior Purchase Act, 1993 (1936. A. D.)
No: 2 Dated: Apr, 14 1993
THE RIGHT OF PRIOR PURCHASE ACT, 1993 (1936. A. D.)
(Act No. II of Samvat 1993)
Whereas it is expedient to grant the right of prior purchase under certain circumstances in certain immovable property,
It is hereby enacted as follows :-
CHAPTER I
1. Short title and Extent. - (1) This Act may be called the Jammu and Kashmir Right of Prior Purchase Act, 1993.
(2) It shall extend to the whole of Jammu and Kashmir State.
2. Repeal of enactments. - (1) The pre-emtion Regulation 1977 is hereby repealed, and the words "right of prior purchase" shall be substituted for the word "pre-emption" wherever it occurs in any of the enactments, at present, in force within the State.
(2) Nothing in this Act shall effect the provisions of order XXI, Rule 88 of the Code of Civil Procedure and section 60 of the Jammu and Kashmir Tenancy Act, 1980.
(3) All suits, appeals and proceedings pending at the commencement of this Act shall, so far as may be, be governed by the procedure laid down in this Act.
3. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(1) "agricultural land" means land as defined in the Jammu and Kashmir Alienation of Land Act Svt, 1995, but shall not include the right of a mortgagee whether usufructuary or not in such land ;
(2) "village immovable property" shall mean immovable property within the limits of the village, other than agricultural land ;
(3) "urban immovable property" shall mean immovable property within the limits of a town ;
For the purpose of this Act any specific area may be considered as a town :-
(a) if it is declared as such by the Government by a notification in the Government Gazette ; or
(b) if so found by the court;
(4) "member of an agricultural class" and "agricultural classes" shall have the meanings assigned to them respectively in the Jammu and Kashmir Alienation of Land Act, Svt., 1995.
(5) "sale of land" shall not include sale in execution of a decree for money or of an order of a Civil, Criminal or Revenue Court or of a Revenue Officer,
(6) any expression which is defined by section 3 of the Land Revenue Act, 1996, shall subject to the provisions of this Act, have the meaning assigned to it in the said Act,
CHAPTER II
General Provisions
4. Right of prior purchase, application of. - The right of prior purchase shall mean the right of a person to acquire agricultural land or village immovable property or urban immovable property in preference to other persons, and it arises in respect of such land only in case of the sales, and in respect such property only in case of sales or of foreclosures of the right to redeem such property.
Nothing in this section shall prevent a Court from holding that an alienation purporting to be other than a sale is in effect a sale.