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PUNJAB PRE-EMPTION (CHANDIGARH AND DELHI REPEAL) ACT, 1989 [REPEALED]

PUNJAB PRE-EMPTION (CHANDIGARH AND DELHI REPEAL) ACT, 1989 [REPEALED]

PUNJAB PRE-EMPTION (CHANDIGARH AND DELHI REPEAL) ACT, 1989 [REPEALED]

Preamble 1 - PUNJAB PRE-EMPTION (CHANDIGARH AND DELHI REPEAL) ACT, 1989

 

THE PUNJAB PRE-EMPTION (CHANDIGARH AND DELHI REPEAL) ACT, 1989

[Act, No. 22 of 1989]

[22nd May, 1989]

PREAMBLE

An Act to repeal the Punjab Pre-emption Act, 1913, as in force in the Union territories of Chandigarh and Delhi.

Be it enacted by Parliament in the Fortieth Year of the Republic of India as follows:?

Section 1 - Short title

This Act may be called the Punjab Pre-emption (Chandigarh and Delhi Repeal) Act, 1989.

Section 2 - Repeal of Punjab Act 1 of 1913 as in force in the Union territories of Chandigarh and Delhi

The Punjab Pre-emption Act, 1913, as in force in the Union territories of Chandigarh and Delhi, is hereby repealed.

Section 3 - Bar to pass decree in suits for pre-emption

No court in the Union territories of Chandigarh and Delhi shall, after the commencement of this Act, pass a decree in any suit for pre-emption.

Repealing Act 1 - DELHI MUNICIPAL CORPORATION (VALIDATION OF ELECTRICITY TAX) ACT AND OTHER LAWS (REPEAL) ACT, 2002

THE DELHI MUNICIPAL CORPORATION (VALIDATION OF ELECTRICITY TAX) ACT AND OTHER LAWS(REPEAL) ACT, 2002

[Act,No. 41 of 2002]

[12thAugust, 2002]

[AS PASSED by the HOUSES OF PARLIAMENT]

PREAMBLE

An Act to repeal the Delhi Municipal Corporation (Validation of Electricity Tax)Act, 1966, the Goa, Daman and Diu (Opinion Pott) Act, 1966, the Punjab-Pre-emption (Chandigarh and Delhi Repeal) Act, 1989 and certain other enactments which are in force in the Union territory of Chandigarh.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

1. Short title

This Act may be called the Delhi Municipal Corporation (Validation of Electricity Tax) Act and Other Laws (Repeal) Act, 2002.

2. Repeal of certain enactments

The enactments specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

THE SCHEDULE

(See section 2)

REPEAL OF ENACTMENTS

Name of the Act

Year

Act No

Extent of repeal

1

2

3

4

The Delhi Municipal Corporation (Validation of Electricity Tax) Act, 1966

1966

15

The whole.

The Goa, Daman and Diu (Opinion Poll) Act, 1966

1966

38

Ditto.

The Punjab Pre-emption (Chandigarh and Delhi Repeal) Act, 3989

1989

22

Ditto.

The Colonization of Government Lands (Punjab) Act, 1912

1912

Pb.

As in

 

 

Act V

force in the Union territory of Chandigarh.

The Punjab Town Improvement Act, 1922

1922

Pb. Act IV

Ditto.

The Repealing (Punjab Loans Limitation) Act, 1923

1923

Pb. Act III

Ditto.

The Punjab Aerial Ropeways Act, 1926

1926

Pb. Act V

Ditto.

The Punjab Urban immovable Property Tax Act, 1940

1940

Pb. Act XVII

Ditto.

The Punjab Jagirs Act, 1941

1941

Pb. Act V

Ditto.

The East Punjab Local Authorities (Restriction of Functions) Act, 1947

1947

East Pb. Act IX

Ditto.

The East Punjab Armed Bands (Arrest and Detention) Act, 1947

1947

East Pb. Act XI

Ditto.

The East Punjab Extension of Limitation Act, 1947

1947

East Pb. Act XVI

Ditto.

The East Punjab Refugees Rehabilitation (Loans and Grants)Act, 1948

1948

East Pb. Act II

Ditto.

The East Punjab Refugees (Registration of Claims) Act, 1948

1948

East Pb. Act VII

Ditto.

The East Punjab Refugees (Registration of Land Claims) Act, 1948

1948

East Pb. Act XII

Ditto.

The East Punjab Refugees Rehabilitation (Buildings and Building Sites) Act, 1948

1948

East Pb. Act XLII

Ditto.

The East Punjab Refugees Rehabilitation (House Building Loans) Act, 1948

1948

East Pb. Act XLIII

Ditto.

The Punjab New Townships (Street Lighting and Water Supply) Fees Act, 1950

1950

Pb. Act IX

Ditto.

The Punjab Development of Damaged Areas Act, 1951

1951

Pb. Act X

Ditto.

The Punjab Resumption of Jagirs Act, 1957

1957

Pb. Act 39

Ditto.

The Punjab New Mandi Townships (Development and Regulation) Act, 1960

1960

Pb.Act 11

Ditto.

The Punjab Urban Estates (Development and Regulation) Act, 1964

1964

Pb.Act 22

Ditto.

Statement of Objects and Reasons - PUNJAB PRE-EMPTION (CHANDIGARH AND DELHI REPEAL) ACT, 1989

STATEMENT OF OBJECTS AND REASONS

1.        The Punjab Pre-emption Act, 1913 was enacted in Punjab in 1913. This Act, as amended up to 1938, was extended to Delhi in May, 1939, only to that portion of Delhi which is mentioned in Schedule A to the Delhi Laws Act, 1912, viz., that portion of District of Delhi comprising the Tehsil of Delhi and the Police Station of Mehrauli.

 

2.        The territory, now constituting the Union territory of Chandigarh, was earlier a part of Punjab. As such, the Punjab Pre-emption Act is applicable in that Union territory.

 

3.        The law of pre-emption is based on Mohammadan law and custom according to which strangers should not be allowed to own property in a Mohalla to maintain 'Purdah System'. This Act enables a person having preferential right to purchase all properties in a Mohalla. The custom of not allowing strangers to own property in a Mohalla to maintain 'Purdah System' has become out of date. The Punjab Pre-emption Act, 1913 has, therefore, been repealed in the State of Punjab by the Punjab Pre-emption (Repeal) Act, 1973. There does not also appear to be any need fog the law of pre-emption in the parts of Delhi in which it is inforce at present, as well as in the whole of the Union territory of Chandigarh.

 

4.        The Bill provides for the repeal of the Act as in force in the Union territories of Delhi and Chandigarh and prohibits courts in the said territories from passing any decree in any suit for pre-emption.