The rajasthan pass book (agricultural holdings) act 1983

--- Section 3. Section 3.Act to override other laws --- The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything contained in the Rajasthan Cooperative Societies Act, 1965 (Rajasthan Act 13 of 1965) or in any other law for the time being in force including the Registration Act, 19O8 (Central Act 16 of 1908) or in any instrument having effect by virtue of any enactment other than this Act. CHAPTER-II Issue of Pass Books and Matters relating thereto --- Section 4. Section 4.Issue of Pass Books and matters relating thereto --- (1) Every agriculturist holding land in the State shall make a declaration in such form as may be prescribed to the Revenue Officer within the local limits of whose jurisdiction the land is situate containing full and correct particulars of the land held by him or in relation to which he holds an interest or in relation to the crops, if any, standing thereon or in relation to which he holds any interest and of all debts owed or loans raised by him by mortgaging or charging the whole or part of such land and subsisting on the date of making the declaration. 2) On receipt of the declaration made by an agriculturist under sub-section (1), the Revenue Officer shall make or cause to be made, in such manner as may be prescribed, an inquiry about the right of the agriculturist in relation to the land specified in the declaration or any interest held by him therein or in respect of any crops standing thereon on the basis of the annual registers and any other basis relevant to the inquiry. (3) If, as a result of such inquiry as mentioned in sub-section (2), the Revenue Officer is satisfied with regard to the right of the agriculturist relating to all or any of the properties specified in the declaration made by him under sub-section (1), he shall, on payment of prescribed fee by the agriculturist, issue a Pass Book in such form as may be prescribed in favour of the agriculturist indicating therein the extent of credit worthiness of the agriculturist and the properties in relation to which the agriculturist has right and the extent of encumbrances, if any, existing In relation to any of such properties on the date of issue of the Pass Book. The declaration made by the agriculturist under sub-section (1) shall be appended to and form part of the Pass Book. (4) The size and colour of the cover and papers to be used in the original Pass Book, its office copy and that of the duplicate copy shall be different and as prescribed. (5) If, on an application made by an agriculturist supported by affidavit, the Revenue Officer is satisfied that the Pass Book issued by him to the agriculturist making the application has been lost, or destroyed, he shall issue a duplicate copy thereof on payment of the prescribed fee and the words "Duplicate Copy" shall be conspicuously marked on it. (6) Where the Pass Book issued to an agriculturist has been filled up, damaged or mutilated and can no longer be used, another Pass Book shall be prepared in the prescribed manner and issued to him by the Revenue Officer on payment of such fee as may be prescribed. (7) In no case, a true or certified copy of the Pass Book shall be issued by the Revenue Officer to any agriculturist. --- Section 5. Section 5.Presumption of correctness as to --- -(1) Every entry made by the Revenue Officer in a Pass Book or a duplicate copy thereof issued under Section 4 shall be presumed to be correct until the contrary is proved. (2) The entries in the Pass Book shall be presumptive evidence of the rights of the holder thereof in respect of the land or other interest in the land or crops specified therein and may be accepted as such by a financial institution for the purpose of granting financial assistance tot he holder of the Pass Book, whether or not, on the security of the properties specified in the Pass Book. --- Section 2. Section 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, agriculture, sericulture, piggery, poultry farming and other activities 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) "Agriculturist" means a person who is engaged in agriculture; (c) "co-operative society" means a co-operative society registered, or deemed to be registered, under the Rajasthan Co- operative Societies Act, 1965 (Rajasthan Act 13 of 1965), the object of which is to provide financial assistance to its members, and includes a co operative land development bank and an agricultural development bank; (d) "Financial institution" means and includes,— (1) a banking company as defined in clause (c) of Section 5 of the Banking Regulations act, 1949 (Central Act 10 of 1949) and includes,- (i) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955); (ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959 (Central Act 38 of 1959); (iii) a corresponding new bank as specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970); (iv) the Agricultural Re-finance and Development Corporation established under the Agricultural Re-finance and Development Corporation Act, 1963 (Central Act 10 of 1963); (v) the Rajasthan State Agro-Industries Corporation limited; (vi) Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (Central Act 1 of 1956); (vii) a Regional Rural Bank established under the Regional Rural Bank Act, 1976 (Central Act 21 of 1976); (viii) a banking institution notified by the Central Government under Section 51 of the Banking Regulations Act, 1949 (Central Act 1O of 1949); (ix) the National Bank for Agriculture and Rural Development established under the National Bank for Agriculture and Rural Development Act, 1981 (Central Act 61 of 1981); (2) a Panchayat Samiti established under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959); (3) the Rajasthan Land Development Corporation established under the Rajasthan Land Development Corporation Act, 1975 (Rajasthan Act 17 of 1975); (4) a co-operative society; (5) any other institution which may be notified in this behalf by the State Government; (e)"financial assistance" means assistance byway of loans, advances, guarantee or otherwise for agricultural purposes; (f) "land" means land used for the purpose of agriculture or any purpose subservient thereto and which is assessed by the Government to land revenue, but not being land appurtenant to any residential building situated within the local limits of a municipality or cantonment; (g)"Land Revenue Act" means the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956); (h) "Pass Book" means a Pass Book issued under Section 4; (i) "Registrar" and "Sub-Registrar" shall have the meaning respectively assigned to them in the Registration Act, 19O8 (Central Act 16 of 19O8); (j) "Revenue Officer" means a Tehsildar or any other officer appointed by the State Government for the purposes of this Act; (k) words and expressions defined in the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) and the Land Revenue Act, but not defined in this Act, shall, wherever used herein, be construed to have the meanings assigned to them by the said Acts; and (1) words and expressions used to denote the possessor of any right, title or interest shall be deemed to include the predecessors and successors of any right, title or interest of such person. --- Section 6. Section 6.Endorsement on Pass Books --- (1) A financial institution granting any financial assistance to the holder of a Pass Book shall make an attested 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 financial institution shall also make an 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 financial institution on the property against which the endorsement has been so made: 2lxxx Provided that where any charge on any land or interest therein was created by an agriculturist in favour of a co-operative society 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 institutions s security for any financial assistance given tot he agriculturist by such institution: Provided further that the financial institution, which sanctions the first loan after the issue of the Pass Book, shall ascertain and verify all past loans and encumbrances advanced to or created by, as the case may be, by the agriculturist and shall enter and authenticate the details thereof in the Pass Book. (2) A copy of every endorsement made by a financial institution in pursuance of the provisions of sub-section (1) shall be forwarded by it to the Revenue Officer within the local limits of whose jurisdiction the whole or any part of the property whereupon the charge so created is situate, and on receipt of the copy of such endorsement, the Revenue Officer shall make the 'necessary entries in the record of rights maintained by him under the Land Revenue Act and in the office copy of the Pass Book. --- Section 7. Section 7.Transfers not to be registered except on production of Pass --- Book.-(l) No transfer made by the holder of a Pass Book 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 Books are produced before him by the transferor and the transferee if they are Pass Book holders, and on production of the Pass Books, he shall make an endorsement therein indicating the particulars of transfer registered by him: 3(x x x) (2) Where mutation in the revenue record is ordered owing to any transfer of land or,any interest therein, not requiring registration a copy of the order shall be recorded in the Pass Book by the authority making such order: 4(x x x) (3) Any transfer effected in contravention of this Section shall be void. CHAPTER-III Miscellaneous --- Section 8A. Section 8A.Power of the State Government in certain cases to postpone the enforcement of the provisions of Rajasthan Act No.17 of 1994 --- Notwithstanding anything contained in this Act where, due to the pendency of settlement operations, elections uptad ' ing of records or otherwise, the State Government considers it neces sary to do so with respect to any local area in the State it may bv notification published in the Official Gazette and for reasons to be specified in such notification, postpone the enforcement of the provisions of the Rajasthan Pass-Book (Agricultural Holdings) (Amendment), 1994 (Act No.17 of 1994) in such local area for such period as may be specified in the Notification.