The Tripura Land Pass Book Act, 1983

Published in the

EXTRAORDINARY ISSUE OF TRIPURA GAZETTE

Agartala, Tnursday, March, 24 I983 A. D

Chitra 3, 1904 S. E.

PART-III—Acts of the Tripura Legislature.

GOVERNMENT OF TRIPURA

LAW DEPARTMENT.

{40. F ._2(2)-Law/Legl$3. _
Dated, Agartala, the 16th March, 1983.

The followmg Act of the Tripura Legislative Assembly received assent of

the President on the 24th February, 1983 andIs hereby publuhed for genera

information.



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Short title,
extent and

commencement.

10 of 1949.

23 of I955.

TRIPURA ACT. N0. 2 OF 1983.

THE TRIPURA LAND PASS BOOK ACT, 1983.

An

Act

to provide for the issue of Pass Book to [and—holders and to

provide for credit facilities for persons engaged in agricul-
ture on presentation of Pass Book and for matters connec-

ted therewith.

BE it enacted by the Legislative Assembly of Tripura
in the Thirty third Year of the Republic of India as

follows :—

CHAPTER—I

Preliminary.

(1) This Act may be called the Tripura Land Pass

Book Act, 1982

(2) It extends to the whole of the State of Tripura.

(3) It shall come into force on such date as the
, State Government may, by notification in the Official

Gazette, appoint, and different dates may be appointed for

different areas and for different provisions of this Act.

‘2. In this Act, unless the context‘othenvise requires,—

. ',5
-

.1 (a) 'agriculture‘ includes making land __fit for culti-
- -

vation, cultivation of 13nd,. 1mprovement of

land including development of sourcesofirri-
gation, raising and harvesting of crops and

such other activities as are generally carried on

by an agriculturist;
.

a.

(b) 'agriculturist’ means a person who is engaged
in agriculture.

(0) ‘bank' means a banking company as defined

in clause (c) of section 5 of the Banking Regu—
lation Act, 1949, and includes~

(i) the State Bank of India constituted under

the State Bank of India Act, 1955 ;



38 of 1959.

5 of 1970.

40 of 1980.

10 of 1963.

21 of 1976.

10 of 1949.

3

(ii) a subsidiary bank as defined in the State

Bank of India (Subsidiary Banks) Act.

1959 ;

(iii) a corresponding new bank as specified in

the First Schedule to the Banking Com-

panies (Acquisition and Transfer of Under»

takings) Act, 1970 and in the First Schedule

to the Banking Companies (Acquisition
and Transfer of Undertakings) Act, 1980 ;

(iv) the Agricultural Refinance and Develop—
ment Corporation established under the

Agricultural Refinance and Development,
Corporation Act, 1963 ;

(v) a Regional Rural Bank established under

the Regional Rural Banks Act, 1976 ;

(vi) any banking institution notified by the

Central Government under section 51 of

the Banking Regulation Act, 1949 ;

(vii) any other financial institution which may
be notified in this behalf- by the State

Government ; and

(viii) a co—operative society including an agri-
cultural development bank registered or

deemed to be registered under the law

relating to Co—operative societies for the

time being in force.

((1) “financial assistance’ means an assistance by

(8)

0")

way of loans, advances, guarantee or otherwise

for the purpose of agriculture ;

'land’ means land used for agricultural pur—

poses or for purposes subservient to agriculture
and which is assessed by‘ the Government to

land revenue/land tax, but not being land

appurtenant to residential building situated

within a municipality or notified area or a Can-

tonment ;

'

'

'land-holder’ means the person to whom the

land belongs and includes a lessee, a mortagee
with possession, an under-raiyat or a barga-
dar ;



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16 or 1908

Act to over ride
other laws.

Issue of pass
Boob etc,

4

(9) ‘loans or advances‘ means loans or advances

for agricultural purposes ;

(h) 'prescribed’ means prescribed by the rules

made under this Act ;

(i) 'pass book’ means a land pass book issued

under section 4 of this Act ;

(j) ‘revenue officer’ shall have the same meaning
as in the Tripura Land Revenue and Land

Referms Act, 1960, and includes any officer

empowered by the State Government to exer—

cise and perform the powers and functions of

a revenue officer under this Act ; and

(k) 'Registrar’ and ‘Sub-Registrar’ shall have the

same meanings, respectively, as assigned to

them in the Registration Act, 1908.

3. The provisions of this Act or any rule made there»
.

under shall have effect notwithstanding anything in any

law relating to co-operative societies, for the time being in-

force, in the State or in any enactment (including the

Registration Act, 1908) other than this Act or in any instru—

ment having effect by virtue of any enactment other than

this Act.

CHAPTER—II

Issue of Pass Books and matters relating thereto.

4. (1) On the commencement of this Act, it shall be

lawful for a Revenue Officer to provide for facilities for agri—
cultural credit by the issue of pass books, in such form as

may be prescribed, to land-holders having, for the time

being, land within the local limits of his jurisdiction.

(2) A land-holder, who desires to have a pass book,

may make an application to the concerned Revenue Officer,

in such form and on payment of such fee, as may be pres-

cribed, for the issue of such pass book to him.

(3) Every application referred to in sub-section (2)
shall contain full particulars of the parcels of land owned by

the applicant or in relation to which the applicant holds an

interest 0" in relation to the crops, if any. standing on such

parcels of land or in relation to which the applicant holds

any interest.



5

(4) On receipt of the application made under sub-sec-

tion (2), the Revenue Officer shall make, or cause to be

made, in such manner as may be prescribed, an inquiry
about the creditworthiness of the applicant, and in doing
so, in particular, he shall make an inquiry about the title

of the applicant in relation to the parcels of land specified
in the application or any interest held by the applicant
therein or in respect of any crops standing thereon ; and

where, after such inquiry, the Revenue Officer is satisfied

with regard to the title of the applicant relating to all or any
of the properties aforesaid or any part thereof, he may issue

a pass book to the applicant indicating therein the extent of

creditworthiness of the applicant and the properties in rela-

tion to which the applicant has title and the extent of incum-

brances, if any, existing in relation to any of such properties
on the date of issue of the pass book.

(5) The Revenue Officer shall retain a copy of the pass
book issued by him under sub-section(4) and send a true-

copy thereof to the Registrar/Sub-Registrar within the local

limits of whose jurisdiction the properties specified in the

pass book are situate, and on receipt thereof, the Registrar
or Sub-Registrar shall place the copy of the pass book on

his records.

(6) If the Revenue omcer is satisfied that any pass book

issued by him has been lost or destroyed, he may issue a

duplicate pass book, on payment of such fee; as may be

prescribed.

(7) Every entry made by the iievenuc Officer in a pass
book issued by him shall be presumed to be correct.

t8) The entries in the pass book shall be prima-facie
evidence of the title of the holder thereof in respect of the

land or other interest in the land or crops specified therein

and shall be accepted as such by a bank for the purpose of

granting financial assistance to the holder of the pass book

whether or not on the security of the properties specified in

the pass book.

5. (1) A bank granting any financial assistance to the

holder of a pass book, shall make an endorsement on the

pass book indicating the amount of such financial assistance

and where such financial assistance has been given on the

security of any property, the bank shall also make an



'1’—

Transfers not

to be registered ,

except on prc<

duction of vase

book.

‘5.

6

endorsement against the property on the security of which

the financial assistance has been granted by it; and the

endorsement so made shall have the effect of creating a

charge in favour of the bank on the property against which

the endorsement has been so made and the holder of the pass

book shall be debarred from alienating the said property

until the outstanding amount of the financial assistance gran-

ted by the bank has been repaid together with interest due

thereon.

(2) A copy of every endorsement made by a bank in

pursuance of the provisions of sub-section (1), shall be for-

warded to the revenue officer and another copy of such

endorsement shall be forwarded to the Registrar or to the

Sub-Registrar within the local limits of whose jurisdiction

the whole or any part of the property which has been so

charged is situate, and on receipt of the copy of such

endorsement,7

(i) the revenue officer shall make the necessary

entries in the record—of-rights maintained by

him under the Tripura Land Revenue and

Land Reforms Act, 1960 and the rules made

thereunder ; and

(ii) the Registrar or the Sub—Registrar shall place,

or cause to be placed. such endorsement on the

copy of the pass book forwarded to him under

section 4.

(3) The holder of the pass book may also produce the

endorsement made by the bank on the pass book before the

Registrar or the Sub—Registrar to enable him to satisfy him—

self as to whether a copy of the said endorsement has or

has not been placed on his records. and in case it has not

been so done, to get the said endorsements copied on the

pass book which had been forwarded to him under section

4.

6. (1) No transfer made by the holder of a pass book

in respect of any parcel of land specified in such pass book

or any interest in such land or any crop standing thereon

shall be registered by the Registrar or Sub—Registrar unless

the pass book is produced before him ; and on the produc-

tion of the pass book, he shall make an endorsement thereon

indicating the particulars of the transfer registered by him.



Removal of

disability in

creation of

charges.

Priority of

charges.

Protection of

action taken in

goodfaith.

Power to make
rulel.

7

(2) Any transfer made by the holder of a pass book

without complying with the provisions of sub-section (1)
shall be void.

7. Where any charge on any land or interest therein

or crops standing thereon was created in favour of a

co-operative society before the commencement of this Act, it

shall be lawful for a land-holder to create, after such com-

mencement, a subsequent charge on such land or interest

therein or crops standing thereon in favour of a bank as

security Ior any financial assistance given to the agriculturisl

by that bank.

8. No charge or mortage created on any land or

interest or crops standing thereon, after the commencement

of this Act, in favour of Government or a co-operative
society shall have priority over a charge or mortage on such

land or interest created by a land—holder in favour of a bank

as security for financial assistance given to the land-holder

by the bank after the commencement of this Act, and prior
to the charge or mortage in favour of Government or the

co-operative society.

CHAPTER—III .

Miscellaneous.

9a ‘ No "suit or other legal proceedings shall lie against
the Government or any ofiicer or authority for anything
which is in good faith done or intended to be done in pursu-
ance of this Act or any rule made thereunder.

10. (1) The State Government may, by notification in

the Oflicial Gazette, make rules for carrying out the provi-
sions of this Act.

(2) In particular and without prejudice to the

generality of the foregoing power, such rules may provide
for all or any of the following matters, namely :—

(a) the form in which pass books may be issued

under sub-section (1) of section 4 ;

(b) the form to be used for an application and the

fee therefor under sub-section (2) of section 4 ;

(c) the manner in which the revenue ofiicer may

make, or cause an inquiry to be made, under

sub-section (4) of section 4 ;



5;:-

8

(d) the fees required to be paid for a duplicate pass

book under sub-section (6) of section 4; and

(e) any other matter which has to be, or may be,

prescribed under this Act.

(3) Every rule made by the State Government under

this Act, shall be laid, as soon as may be after it is made,

before the Legislative Assembly while it is in session for a

total period of not less than fourteen days which may be

comprised in one session or in two or more successive

sessions and if, before the expiry of the session in which it

is so laid, or the successive session aforesaid, the Legislative

ASSembly agree in making any modification in the rule or

the Legislative Assembly agree that the rule should not be

made, the rule shall thereafter have effect only in such modi-

fied 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.

S. R. Sinha,

Deputy Secretary to the

GOVt. of TripuIa.