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 producti on 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 insti tutions. 
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 agricultu ral holdings in a 
revenue estate and to enable them to have credit fa cilities and for 
other matters connected or incidental thereto. 
 
                                                 
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. 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Amended, repealed or otherwise affected by.- 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 S tate Government 
may, by notification, appoint. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a) “agriculture” includes making land fit for cult ivation, 
cultivation of land, improvement of land including 
development of sources of irrigation, soil conserva tion and 
land development measures, raising and harvesting o f crops, 
horticulture, forestry, cattle breeding, animal husbandry, dairy 
farming, seed farming, pisciculture, sericulture, b ee-keeping, 
piggery, poultry farming and other activities inclu ding 
transportation of agricultural produce etc., as are  generally 
carried on by agriculturists, dairy-farmers, cattle  breeders, 
poultry farmers and other categories of persons eng aged in 
similar activities and  the words ‘agricultural pur poses’ shall 
be construed accordingly; 
(b) “financial assistance” means an assistance rend ered by way of 
loans, advances or otherwise for the purposes of ag riculture 
by a financial institution or Governments; 
(c) “financial institution” means and includes,- 
(i) a banking company as defined in clause (e) of s ection 
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 Ban k of India 
(Subsidiary Banks) Act, 1959 (38 of 1959) ; 
(iv) a corresponding new bank as specified in the F irst 
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 (Ext ra-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 F irst 
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 Socie ty 
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 finan cial 
assistance as defined in clause (b) of this section  to its 
members; 
(x) the Himachal Pradesh State Co-operative Agricul tural 
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 th e 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 hol der 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 e state 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 ha s been let 
for agricultural purposes or for purposes subservie nt to 
agriculture, or for pasture, and includes the sites  of buildings 
and other structure on such land; 
(g) “prescribed” means prescribed by rules made und er 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 de fined in 
section 21 of the Indian Penal Code, 1860 (45 of 1860); 
(i) “Revenue Officer” means the circle Revenue Offi cer 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 hol der 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 defi ned in the 
Himachal Pradesh Tenancy and Land Reforms Act, 1972  (8 
of 1974), and Himachal Pradesh Land Revenue Act, 19 54 (6 
of 1954), but not defined in this Act shall whereve r 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 a nything contained in the 
Registration Act, 1908 (16 of 1908), or in any othe r 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 shal l be made showing 
the extent and nature of their interest in the joint holding : 
Provided further that in the revenue estate where s ettlement or 
consolidation operations are being conducted, a fre sh 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 t he time of 
attestation of mutation or otherwise with regard to  any changes in the interest 
of the holding of the Kisan, the Revenue Officer, a fter 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 t itle page of the Pass Book, 
otherwise it will not be entertained as legal docum ent 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. How ever, 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 Assistan t Collector Grade-II who 
shall make such appropriate orders to rectify it as he deems fit. 
7. Transfer not to be registered except on producti on 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 Bo ok or any interest in such 
land or any crop standing thereon shall be register ed 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 noti ce and it shall be 
incumbent upon such transferor or transferee to pro duce the Kisan Pass Book 
either personally or through an authorised agent fo r 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 institut ions .- (1) 
Financial assistance 1[may] be granted by a financial institution to a Ki san 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 fina ncial 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 ins titution on the holding 
against which the entry has been made and the holde r 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 inter est therein was 
created by a Kisan in favour of a financial institu tion before the 
commencement of this Act, it shall not debar him fr om creating, after such 
commencement, a subsequent charge on such land or interest therein in favour 
of a financial institution as security for any fina ncial assistance given to him 
by such institution: 
Provided further that the financial institution whi ch sanctions the first 
loan after the issue of the Kisan Pass Book shall a scertain and verify within 
fifteen days all outstanding loans (except crop loa n) 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 Prad esh 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 O fficer 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 in tent 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 stateme nt 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 pu nishable under 
sub-section (1) except on a complaint made by the Revenue Officer. However, 
financial institutions may inform the Revenue Offic er 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 gene rality 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 b e made upto 
date and certified under section 11; 
(f) the cost of Kisan Pass Book under section 12; a nd 
(g) any other matter for which provision is, in the  opinion of the 
Government, necessary for giving effect to the purp oses 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 successi ve 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 modifi cation in the rule or the 
Assembly agrees that the rule should not be made, t he 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 annulmen t 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 Reve nue Act, 1954, and in 
force immediately before the commencement of this A ct, shall continue to be 
in force after that date until amended, varied or r escinded, as if such rules 
were made under this Act, and any action taken (inc luding Kisan Pass Books 
issued) in pursuance of those rules shall be as val id and operative as if it has 
been taken in accordance with the provisions of this Act. 
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