The Tripura Land Pass Book Act, 1983

Published in the
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Tnursday, March, 24 I 983 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 I or 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.

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