The N.W.F.P Pre-Emption (Amendment) Act, 1992


NOTIFICATION.
16th December, 1992.
No. PA/NWFP/Legis/92/23968. — The North-West Frontier Province Pre-emption (Amendment) Bill, 1992, having been passed by the Provincial Assembly of the North-West Frontier Province on the 13th December, 1992 and assented to by the Governor of the North-West Frontier Province on the 14th December, 1992, is hereby published as an Act of the Provincial Legislature of North-West Frontier Province.


THE NORTH-WEST FRONTIER PROVINCE PRE-EMPTION (AMENDMENT) ACT, 1992.
N.W.F.P. ACT NO. X OF 1992.

[First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of North-West Frontier Province (Extraordinary), dated the 16th December, 1992]
AN
ACT

further to amend the North-West Frontier Province Pre-emption Act, 1987.
Preamble.---   WHEREAS it is expedient to amend the North-West Frontier Province Pre-emption Act, 1987 (N.W.F.P. Act No. X of 1987), in pursuance of the judgment of the Federal Shariat Court in Petition No. 8/L of 1990;
It is hereby enacted as follows:-
1.          Short title and commencement.---(1)  This Act may be called the North-West Frontier Province Pre-emption (Amendment) Act, 1992.
(2) It shall come into force at once and shall be deemed to have taken effect on the 31st December, 1991.
2.         In the North-West Frontier Province Pre-emption Act, 1987 (N.W.F.P. Act X of 1987), hereinafter referred to as the said Act, for section 12 the following shall be substituted, namely:
"12. Notice of intention to sell:- (1) Where any person proposes to sell any immovable property in respect of which a right of Pre-emption exists, he may give notice to all such persons having such right of the price at which he is willing to sell the property.
(2) The notice under sub-section (1) shall be given through any court within the local limits of whose jurisdiction such immovable property is situated and shall be deemed sufficiently given if it be stuck upon the main entrance of a mosque and on any other public place of the village, city or place where the property is situated".

  1. Amendment of section 13 of N.W.F.P. Act X of 1987.--- In the said Act, in section 13, in sub-section (3), for the word "Where" occurring at the beginning, the words and comma "Subject to his ability to do so, where" and for figure "34" figure "32" shall be substituted.
  2. Amendment of section 22 of N.W.F.P. Act X of 1987.--- In the said Act, in section 22, between the word "pre-emption" and the word "shall", the commas and the words ",otherwise than through inheritance," shall be inserted.
  3. Amendment of section 23 of N.W.F.P. Act X of 1987.--- In the said Act, in section 23, in sub-section (1),—

(i)   in clause (b), the semi-colon shall be replaced by a full-stop and the word "and" appearing thereafter shall be deleted; and
(ii)  O clause (c) shall be omitted.
6.         Amendment of section 24 of N.W.F.P. Act X of 1987.--- In the said Act, in section 24, for sub-sections (1), (2) and (3), the following sub-sections shall respectively be substituted, namely:
"24. Plaintiff to deposit sale price of the property:- (1) In every suit for pre-emption the Court shall require the plaintiff to deposit in such Court one-third of the sale price of the property in cash in with such period as the Court may fix;
Provided that if no sale price is mentioned in the sale deed or in the mutation, the Court shall require the deposit of one-third of the probable value of the property.
(2) Where the plaintiff fails to deposit one-third of the sale price or the probable value of the property within the period fixed by the Court, his suit shall be dismissed.
(3) Where the plaintiff withdraws the sum deposited under sub-section (1), his suit shall be dismissed.".

  1. Deletion of section 29 of N.W.F.P. Act X of 1987.--- In the said Act, section 29 shall be deleted.
  2. Amendment of section 31 of N.W.F.P. Act X of 1987.--- In the said Act, in section 31, for the words "one year" the words "one hundred and twenty days" shall be substituted.

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