The Himachal Pradesh Kisan Pass Book Act, 1996

THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996 

ARRANGEMENT OF SECTIONS 

Sections: 

1. Short title, extent and commencement. 

2. Definitions. 

3. Act to over ride other law. 

4. Issue of Kisan Pass Book. 

5. Contents of Kisan Pass Book. 

6. Presumption of truth as to entries. 

7. Transfer not to be registered except on production of Kisan 

Pass Book. 

8. Alteration not to be made in the revenue record except on 

production of Kisan Pass Book. 

9. Grant of financial assistance by financial institutions. 

10. Priority of charge. 

11. Periodicity of Kisan Pass Book. 

12.  Cost of Kisan Pass Book. 

13. Protection of action taken in good faith. 

14.  Penalty for disobedience of orders of Revenue Officer and for 

interpolation etc. in the Kisan Pass Book. 

15. Power to make rules. 

16.  Continuation of rules and validation of action taken 

thereunder. 

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THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996 

(ACT NO. 6 OF 1998)1 

(Received the assent of the President on 26
th 

March, 1998 and was 

published both in Hindi and English in the Rajpatra, Himachal Pradesh 

(Extra-ordinary), dated 7
th
 April, 1998, pp. 1441-1455). 

An Act to provide for the issue of Kisan Pass Books to Kisans containing 

record-of-rights and liabilities of their agricultural holdings in a 

revenue estate and to enable them to have credit facilities and for 

other matters connected or incidental thereto. 

 

                                                 
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects 

and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 7
th

 March, 

1996, pp. 918 and 925. 



THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996 
2 

Amended, repealed or otherwise affected by.- 

H. P. Act No. 20 of 1998
1
, assented to by the Governor on 27

th
 

October, 1998, published in the Rajpatra, Himachal Pradesh 

(Extra-ordinary), dated 9
th
 November, 1998, pp. 3825-3828. 

BE it enacted by the Legislative Assembly of Himachal Pradesh in the 

Forty-seventh Year of the Republic of India as follows:- 

1. Short title, extent and commencement.- (1) This Act may be 

called the Himachal Pradesh Kisan Pass Book Act, 1996. 

(2) It extends to the whole of the State of Himachal Pradesh. 

(3) It shall come into force on such date, as the State Government 

may, by notification, appoint. 

2. Definitions.- In this Act, unless the context otherwise requires,- 

(a) “agriculture” includes making land fit for cultivation, 

cultivation of land, improvement of land including 

development of sources of irrigation, soil conservation and 

land development measures, raising and harvesting of crops, 

horticulture, forestry, cattle breeding, animal husbandry, dairy 

farming, seed farming, pisciculture, sericulture, bee-keeping, 

piggery, poultry farming and other activities including 

transportation of agricultural produce etc., as are generally 

carried on by agriculturists, dairy-farmers, cattle breeders, 

poultry farmers and other categories of persons engaged in 

similar activities and  the words ‘agricultural purposes’ shall 

be construed accordingly; 

(b) “financial assistance” means an assistance rendered by way of 

loans, advances or otherwise for the purposes of agriculture 

by a financial institution or Governments; 

(c) “financial institution” means and includes,- 

(i) a banking company as defined in clause (e) of section 

5 of the Banking Regulation Act, 1949 (10 of 1949); 

(ii) the State Bank of India constituted under the State 

Bank of  India Act, 1955 (23 of 1955); 

(iii) a subsidiary bank as defined in the State Bank of India 

(Subsidiary Banks) Act, 1959 (38 of 1959) ; 

(iv) a corresponding new bank as specified in the First 

Schedule to the Banking Companies (Acquisition and 

Transfer of Undertakings) Act, 1970 (5 of 1970); 

                                                 
1.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects 

and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 27
th

 July, 

1998, pp. 2770 and 2772.  



THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996   3 

 

1
[(v) a corresponding new bank as specified in the First 

Schedule to the Banking Companies (Acquisition and 

Transfer of Undertakings) Act, 1980 (40 of 1980)]; 

(vi) The Agricultural Finance Corporation Limited, a 

company incorporated under the Companies Act, 

1956, (1 of 1956); 

(vii) the Regional Rural Bank established under the 

Regional Rural Banks Act, 1976 (21 of 1976); 

(viii) the National Bank for Agriculture and Rural 

Development established under the National Bank for 

Agriculture and Rural Development Act, 1981 (61 of 

1981); 

(ix) the Co-operative Bank and a Co-operative Society 

registered or deemed to be registered under the 

Himachal Pradesh Co-operative Societies Act, 1968, 

(3 of 1969) the object of which is to provide financial 

assistance as defined in clause (b) of this section to its 

members; 

(x) the Himachal Pradesh State Co-operative Agricultural 

and Rural Development Bank, and the Primary 

Agricultural and Rural Development Bank established 

under the Himachal Pradesh Co-operative Agriculture 

and Rural Development Bank Act, 1979 (23 of 1979); 

(xi) any other financial institution notified by the State 

Government in the Official Gazette, as a financial 

institution for the purposes of this Act; 

(d) “Kisan” means a person having an interest in a holding 

whether as a land owner, tenant, mortgage, pattadar, including 

lessee of Panchayat and Government land, except holder of a 

plot allotted for residential purposes; 

(e) “Kisan Pass Book” means a Pass Book containing certified 

extracts from record-of-rights maintained under section 32 (2) 

(a) of the Himachal Pradesh Land Revenue Act, 1954 (6 of 

1954) showing the nature and extent of interest of a Kisan in 

his agricultural holding or holdings in a revenue estate and 

other particulars as may be prescribed;  

(f) “land” means land which is not occupied as the site of any 

building in a town or village and is occupied or has been let 

for agricultural purposes or for purposes subservient to 

agriculture, or for pasture, and includes the sites of buildings 

and other structure on such land; 

(g) “prescribed” means prescribed by rules made under this Act; 

                                                 
1.  Sub-clause (v) substituted vide H.P. Act No. 20 of 1998. 



THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996 
4 

(h) “public servant” means the public servant as defined in 

section 21 of the Indian Penal Code, 1860 (45 of 1860); 

(i) “Revenue Officer” means the circle Revenue Officer or any 

other officer appointed by the State Government for the 

purposes of this Act; 

(j) “Sub-Registrar” shall have the same meaning as is assigned to 

it in the Registration Act, 1908 (16 of 1908); and 

(k) the word and expressions used to denote the holder of any 

right, title or interest shall be deemed to include the 

predecessors and successors of any right, title or interest of 

such person; and all the words and expressions defined in the 

Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 

of 1974), and Himachal Pradesh Land Revenue Act, 1954 (6 

of 1954), but not defined in this Act shall wherever used 

herein be construed to have the meanings assigned to them by 

the said Acts. 

3. Act to override other law.- The provisions of this Act or any rule 

made thereunder shall have effect notwithstanding anything contained in the 

Registration Act, 1908 (16 of 1908), or in any other law for the time being in 

force. 

4. Issue of Kisan Pass Book.- As soon as may be after the 

commencement of this Act, there shall be issued by each Patwari, a Kisan 

Pass Book to every Kisan in his revenue estate: 

Provided that in respect of co-shares an entry shall be made showing 

the extent and nature of their interest in the joint holding : 

Provided further that in the revenue estate where settlement or 

consolidation operations are being conducted, a fresh Kisan Pass Book shall 

be issued as soon as operations are concluded and record-of-right is prepared. 

5. Contents of Kisan Pass Book.- (1) The Kisan Pass Book shall be 

in such form containing such particulars of the Kisan and valid for such period 

as may be prescribed. 

(2) The Kisan Pass Book shall be completed by such persons and in 

such manner as may be prescribed. 

(3) On the presentation of the Kisan Pass Book at the time of 

attestation of mutation or otherwise with regard to any changes in the interest 

of the holding of the Kisan, the Revenue Officer, after being satisfied of the 

correctness of the changes on the basis of the mutation, proceedings and other 

relevant evidence, shall make an entry with respect to such changes in the 

Kisan Pass Book in such form and manner as may be prescribed. 

(4) It will be obligatory on the part of the Kisan Pass Book holder to 

get it updated after the expiry date mentioned on title page of the Pass Book, 

otherwise it will not be entertained as legal document whenever presented. 

Soon after the consignment of the next jamabandi of the revenue estate in the 



THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996   5 

 

Sadar Office but not later than 30
th
 April, the holder of the Kisan Pass Book 

shall hand it over to the Patwari for updating the entries according to the new 

jamabandi against receipt as may be prescribed. However, pending updation 

of the Kisan Pass Book, the entries therein for the period of the preceding 

jamabandi would continue to remain valid for that period only. 

6. Presumption of truth as to entries.- (1) Every entry made, in the 

manner prescribed in section 5, in the Kisan Pass Book issued under section 4 

shall be presumed to be true until the contrary is proved. 

(2) The entries in the Kisan Pass Book shall carry the same 

evidentiary value as if these were certified copies of the record-of-rights and 

other public record, for all intents and purposes, before the public servant or 

courts or financial institutions. 

(3) If there is any mistake in the Kisan Pass Book, the same can be 

challenged by making an application to the Assistant Collector Grade-II who 

shall make such appropriate orders to rectify it as he deems fit. 

7. Transfer not to be registered except on production of Kisan 

Pass Book.- (1) No transfer made by the holder of a Kisan Pass Book in 

respect of any land specified in such Kisan Pass Book or any interest in such 

land or any crop standing thereon shall be registered by the Sub-Registrar 

unless the Kisan Pass Book is produced before him, and on the production 

thereof, he shall incorporate the particulars of the transfer registered by him in 

such form and manner as may be prescribed. 

(2) Any transfer effected in contravention of this section shall be void. 

8. Alteration not to be made in the revenue record except on 

production of Kisan Pass Book.- (1) No alteration in the revenue record 

shall be made by the Revenue Officer as a consequence of any transfer of land 

or any interest therein except on the production of the Kisan Pass Book. 

(2) It shall be lawful for the Revenue Officer to direct the transferor or 

transferee of any right or interest in the land to produce the Kisan Pass Book 

on demand within fifteen days by issuing him a notice and it shall be 

incumbent upon such transferor or transferee to produce the Kisan Pass Book 

either personally or through an authorised agent for making an entry 

indicating the change. 

(3) Any alteration made in contravention of this section shall be void. 

9. Grant of financial assistance by financial institutions.- (1) 

Financial assistance 1[may] be granted by a financial institution to a Kisan on 

production of Kisan Pass Book. However, production of Kisan Pass Book 
2[may] not be necessary for crop loan advanced by the financial institution. 

(2) A financial institution granting any financial assistance to the 

holder of the Kisan Pass Book shall incorporate in the Kisan Pass Book the 

                                                 
1. Substituted for the word “will” vide H.P. Act No. 20 of 1998. 

2. Substituted for the word “will” vide H.P. Act No. 20 of 1998. 



THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996 
6 

factum of such financial assistance and where such financial assistance has 

been given on the security of any holding, the financial institution shall also 

make an entry against the holding, on the security of which the financial 

assistance has been granted by it, and the entry so made shall have the effect 

of creating a charge in favour of the financial institution on the holding 

against which the entry has been made and the holder of the Kisan Pass Book 

shall be debarred from alienating the said holding until the outstanding 

amount of the financial assistance granted by the financial institution has been 

repaid together with interest due thereon: 

Provided that where any charge on any land or interest therein was 

created by a Kisan in favour of a financial institution before the 

commencement of this Act, it shall not debar him from creating, after such 

commencement, a subsequent charge on such land or interest therein in favour 

of a financial institution as security for any financial assistance given to him 

by such institution: 

Provided further that the financial institution which sanctions the first 

loan after the issue of the Kisan Pass Book shall ascertain and verify within 

fifteen days all outstanding loans (except crop loan) advanced by financial 

institutions and encumbrances created by the Kisan, as the case may be by 

procuring an affidavit to that effect and shall enter and authenticate the details 

thereof in the Kisan Pass Book. 

(3) The financial institution shall endorse a copy of the relevant 

entries incorporated in the Kisan Pass Book to the Revenue Officer as well as 

the Sub-Registrar within the local limits of whose jurisdiction the whole or 

any part of the property which has been so charged is situated and on receipt 

of the same the Revenue Officer shall cause necessary entry to be made in the 

record-of rights maintained under the Himachal Pradesh Land Revenue Act, 

1954. 

1[10.  XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX] 

11. Periodicity of Kisan Pass Book.- A Kisan Pass Book issued 

under section 4 and made upto date shall remain in force until the next 

jamabandi and shall be valid thereafter only if it has been made up-to-date and 

so certified in the manner as may be prescribed. 

12. Cost of Kisan Pass Book.- The Kisan Pass Book shall be issued 

to a Kisan on payment of such amount as may be prescribed. 

13. Protection of action taken in good faith.- No suit or other legal 

proceedings shall lie against the Government or any officer or authority for 

anything which is in good faith done or intended to be done in pursuance of 

this Act or any rule made thereunder. 

14. Penalty for disobedience of orders of Revenue Officer and for 
interpolation etc. in the Kisan Pass Book.- (1) If any person fails or refuses 

to produce a Kisan Pass Book demanded by a Revenue Officer or interpolate 

or erase anything in the Kisan Pass Book with an intent to defraud any 

                                                 
1. Section 10 omitted vide H.P. Act No. 20 of 1998. 



THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996   7 

 

authority under this Act or makes any false statement knowingly or having 

reasons to believe the same to be false or which he does not believe to be true 

with a view to gain wrongfully, shall be liable to be punished with an 

imprisonment which may extend to six months or with fine which may extend 

to five hundred rupees or with both. 

(2) No court shall take cognizance of an offence punishable under 

sub-section (1) except on a complaint made by the Revenue Officer. However, 

financial institutions may inform the Revenue Officer about any tampering 

with in the Kisan Pass Book coming to their notice. Each page of the Kisan 

Pass Book will be serially numbered and name of the Kisan be written on 

each page to avoid tampering with. 

15. Power to make rules.- (1)The State Government may, by 

notification in the Official Gazette and subject to the condition of previous 

publication, make rules to carry out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the 

foregoing power, such rules may provide for- 

(a) the form, particulars and period of validity of the Kisan Pass 

Book under sub-section (2) of section 5; 

(b) person and the manner for the completion of the Kisan Pass 

Book under sub-section (2) of section 5; 

(c) the form and manner in which the entry shall be made in the 

Kisan Pass Book under sub-section (3) of section 5; 

(d) the form and manner in which the particulars of the transfer 

shall be incorporated in the Kisan Pass Book under sub-

section (1) of section 7; 

(e) the manner in which the Kisan Pass Book shall be made upto 

date and certified under section 11; 

(f) the cost of Kisan Pass Book under section 12; and 

(g) any other matter for which provision is, in the opinion of the 

Government, necessary for giving effect to the purposes of 

this Act. 

(3) Every rule made under this section or any other provision of this 

Act shall be laid as soon as may be after it is made before the State Legislative 

Assembly while it is in session for a total period of ten days which may be 

comprised in one session or in two or more successive sessions, an if, before 

the expiry of the session in which it is so laid or the successive sessions 

aforesaid, the Assembly agrees in making any modification in the rule or the 

Assembly agrees that the rule should not be made, the rule shall thereafter 

have effect only in such modified form or be of no effect, as the case may be, 

so, however, that any such modification or annulment shall be without 

prejudice to the validity of anything previously done under that rule. 

16. Continuation of rules and validation of action taken 
thereunder.- The Himachal Pradesh Kisan Pass Book Rules, 1982 framed 



THE HIMACHAL PRADESH KISAN PASS BOOK ACT, 1996 
8 

under section 168 of the Himachal Pradesh Land Revenue Act, 1954, and in 

force immediately before the commencement of this Act, shall continue to be 

in force after that date until amended, varied or rescinded, as if such rules 

were made under this Act, and any action taken (including Kisan Pass Books 

issued) in pursuance of those rules shall be as valid and operative as if it has 

been taken in accordance with the provisions of this Act. 

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