Tripura act 002 of 1983 : The Tripura Land Pass Book Act, 1983

Published in the

EXTRAORDINARY

ISSUE ^OFTRIPURA GAZETTE

Agartala, ^Tnursday,

March, ^{24I983A. D} Chitra 3, ^{1904S. E.} PART-III—Acts ^ofthe

Tripura

Legislature.

GOVERNMENT ^OFTRIPURA

LAW DEPARTMENT.

{40. ^F

._2(2)-Law/Legl$3. ^_Dated,

Agartala, ^the16th

March,

1983 .

The

followmg ^{Actof the}

Tripura Legislative

Assembly

received assent^of the

President ^onthe

24th

February, ¹⁹⁸³andIs

hereby

publuhed for

genera information.

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Short

title, extent and commencement. 10 of 1949. 23 of I955.

TRIPURA ^ACT.N0.2OF1983.

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^forpersons 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) ^ThisActmaybe

called ^the

Tripura ^{Land Pass}Book Act,

1982

(2) ^It

extends^tothewhole^oftheState^of

Tripura.

(3) ^Itshall^comeinto

force^{onsuch dateasthe}

,

State Government may, by

notification

in the Official Gazette,

appoint, ^anddifferent

dates may^be

appointed ^for different

areas^andfordifferent

provisions ^ofthisAct. '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

sourcesof irri- gation, raising ^and

harvesting ^ofcrops ^and such other

activities^{as are}

generally

carried ^on by ^an

agriculturist;

.

a.

(b) 'agriculturist'

means ^a

person^whois

engaged in

agriculture.

(0)

'bank' means^a

banking company ^asdefined in clause

(c)

of section 5 of

the

Banking Regu— lation

Act, 1949,

and includes~

(i) ^theState ^BankofIndia 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 ^bankas

defined^intheState Bank of India

(Subsidiary Banks)

Act. 1959 ;

(iii) ^a

corresponding ^newbankas

specified ⁱⁿ the

First Schedule to the

Banking

Com- panies (Acquisition ^andTransfer ^ofUnder» takings) ^{Act, 1970andin 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 ^orfor 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 ;

3

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16 or

1908

Act ^tooverride other

laws. Issue

of pass Boob

etc,

4

(9)

'loans ^oradvances'

means loans ^oradvances for

agricultural purposes

;

(h) 'prescribed'

means

prescribed by ^the

rules made under this

Act ; (i)

'pass

book' means ^{alandpassbook}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, ^andincludes 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^havethe same

meanings, respectively,

as

assigned

to them ⁱⁿ

the

Registration

Act,

1908.

3. ^The

provisions

of this ^Actor

any^rulemadethere». under shall have effect

notwithstanding anything

in any law

relating ^to

co-operative

societies,

for the time

being ^in- force, ^{in the}State ^orinany

enactment

(including ^the Registration ^Act,

1908)

other^{thanthisAct orinany}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 ^foraRevenue Officer^to

provide ^forfacilities^for

agri— cultural credit

by ^theissue^ofpass books, ^insuchform ^as may be

prescribed, ^toland-holders

having, ^for

the

time being, ^landwithin^the

local

limits^ofhis

jurisdiction.

(2) ^A

land-holder, ^whodesires^{tohave a pass}book, may ^makean

application ^to

the concerned

Revenue

Officer, in such

form ^andon

payment ^ofsuch

fee, ^as

may be pres- cribed, ^forthe

issue^{ofsuchpassbooktohim.}

(3)

Every application

referred^toinsub-section

(2)

shall

contain^full

particulars ^{of the}

parcels ^oflandowned

by the

applicant ^orinrelation^towhich^the

applicant

holds ^an interest ^0"in relation^tothe crops, if any. standing ^onsuch parcels ^{of land orin}relation^towhich ^the

applicant

holds any

interest.

5

(4) ^On

receipt ^{of the}

application ^madeunder sub-sec- tion

(2),

the

Revenue Officer shall

make,

or cause to be made, ^{in such}manner^as

may^be

prescribed, ^an

inquiry about ^thecreditworthiness^ofthe

applicant, ^andin

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, ^theRevenue Officer^issatisfied 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, ^ifany, existing ⁱⁿrelation^to

any^ofsuch

properties on

the date of issue of

the pass book.

(5) ^TheRevenue

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) ^IftheRevenue omcer^is

satisfied^thatany

pass^book issued

by

him

has been lost

or

destroyed,

he may issue

a duplicate ^passbook, ^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) ^Theentries^inthe

pass^bookshall ^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^tothe

holder^ofthepass^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 ^ofany

property, ^thebankshall^{also makean}

'1'— Transfers ^not to be

registered ^, except ^{on prc<} duction of vase book.

'5.

6

endorsement

against

the

property ^onthe

security of which the financial

assistance ^hasbeen

granted

by

it; and the endorsement ^somade shall ^havetheeffect of

creating ^a charge ⁱⁿfavour^{ofthebank on} the

property against

which the

endorsement ^{hasbeen somadeand}

the holder ^ofthe pass book shall be debarred

from

alienating

the

said

property until ^the

outstanding

amount^ofthefinancial

assistance

gran- ted

by

the ^bankhasbeen

repaid

together with interest due thereon.

(2) ^Acopyofevery endorsement made

by ^abank

in pursuance ^{of the}

provisions ^ofsub-section

(1),

shall ^{be for-} warded ^tothe

revenue officer ^andanother^copy of such

endorsement shall ^beforwarded ^tothe

Registrar ^orto the

Sub-Registrar

within ^thelocal limits of whose

jurisdiction the whole ^or

any part

of the

property

which has been ^so charged ^is

situate, ^andonreceipt 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, ^1960andtherules 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 ^tohimunder section ^4.

(3) ^Theholder^{ofthepassbookmay} also

produce

the endorsement made

by

the bank ^onthe

pass

book before the Registrar ^orthe

Sub—Registrar ^to enable ^{him to}

satisfy ^him— self ^astowhether ^{a copy}of ^thesaid endorsement ^{has or}

has ^notbeen

placed ^onhisrecords.

and in ^caseit

has not been so

done, ^to

get

the said endorsements

copied on the pass book which had been forwarded ^tohimunder 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 ^onthe

produc- tion of the pass book, ^heshall make ^anendorsement

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 ^{ofa passbook} without

complying ^with

the

provisions

of sub-section

(1)

shall be void.

7. Where any charge ^on

any land^orinterest therein or

crops standing

thereon was created

in favour of

a co-operative

society

before ^the

commencement^{ofthis Act, it} shall ^belawful ^foraland-holder^to

create,

after such ^com- mencement, ^a

subsequent charge ^onsuchlandorinterest therein ^or

crops standing

thereon ⁱⁿfavour^{of abankas} security ^{Ior any}financial assistance

given ^tothe

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 ^ora

co-operative society

shall^have

priority ^overa

charge ^or

mortage ^onsuch land or interest

created

by ^aland—holder in favour of^abank as

security

for financial assistance

given

to the land-holder by ^thebank

after^thecommencement^{ofthis Act, and}

prior to the

charge ^or

mortage

in favour of Government ^orthe 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^doneorintended 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 ^tothe generality ^{of the}

foregoing power, ^suchrules^may

provide for all or

any of the

following

matters,

namely

:—

(a) ^theforminwhich pass books may^be

issued under sub-section

(1)

of section 4 ;

(b) ^{theformtobeusedforan}

application ^{and the} fee therefor under sub-section

(2)

of

section

4 ;

(c) ^themannerⁱⁿwhich ^therevenue ofiicer may make, ^or

cause ^an

inquiry ^tobe

made,

5;:-

8

(d) ^thefees

required ^tobe

paid ^{for a}

duplicate ^pass book under sub-section

(6)

of section

4;

and

(e) ^anyother

matter which ^{hasto be, or maybe,} prescribed

under ^{this Act.}

(3)

Every ^rulemade

by ^theState Government

under this

Act,

shall be

laid, ^{assoon as}

may be

after it is

made, before the

Legislative Assembly

while it

is ⁱⁿsession for^a total

period ^{ofnotlessthan}fourteen

days

which^maybe comprised ^inonesession ^{orintwo ormore}successive sessions ^and

if,

before^the

expiry

of the

sessionⁱⁿwhich^it is so

laid, ^orthe successive

session

aforesaid,

the

Legislative ASSembly

agree ⁱⁿ

making^anymodification ^{in the rule or} the

Legislative Assembly

agree that the

rule should ^notbe made, ^{the rule}shall thereafter ^haveeffect

only ^{in such}

modi- fied ^{form orbe}

of ^no

effect, ^as

the ^case

may be,^so,however, that any such modification ^or

annulment

shall be without prejudice ^tothe

validity ^of

anything previously ^doneunder that

rule.

S. R.

Sinha, Deputy

Secretary ^tothe GOVt. of

TripuIa.