1[22-A. Preparation of Pass Book. ––(1) The Deputy Commissioner of
the District shall cause to be prepared a Pass Book for every land holder in his
District containing record of rights, agriculture holding, transfer of rights,
ration cards, subsidies, liabilities etc. in revenue estate to enable the land
holder make its use for credit facilities and for other matters connected therewith
or incidental thereto.
2[(2) The pass book shall be in such form and valid for such period as may be prescribed and the Board shall strive for preparing, issuing and maintaining the passbooks in digital format, and the Board shall be competent to issue direction for this purpose.]
(3) The Pass Book shall be completed by such persons and in such manner as may be prescribed. The person so authorised shall be the competent authority for purposes of sections 22-A, 22-B, 22-C, 22-D, 22-E, 22-F, 22-G and 22-H of this Act.
(4) On presentation of the Pass Book at the time of attestation of mutation or otherwise with a regard to any change in the interest of the holding of the land holder the revenue officer, after 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 change in the Pass Book in such form and manner as may be prescribed.
(5) The holder of the Pass Book shall get it updated within one month after the expiry of its period of validity and on his failure to get it validated, Pass Book shall otherwise, not be entertained at legal document whenever presented.
(6) Soon after the consignment of the next Jamabandi of the revenue estate in the Sadar Office but not later than 30th April of the year succeeding the year in which Jamabandi has been completed, the holder of the Pass Book shall hand it over to the new Jamabandi against receipt as may be prescribed. However, pending updation of the Pass Book, the entries therein for the period of the preceding Jamabandi would continue to remain valid for that period only.
(7) Every entry made in the manner prescribed, in the Pass Book issued under this section shall be presumed to be true and correct until the contrary is proved.
(8) The entries in 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 Courts and the financial institutions including Banks.
(9) If there be any mistake in the Pass Book, the same can be challenged by making an application to the Deputy Commissioner who shall make such appropriate orders to certify it, as he deems fit.
(10) No transfer made by the holder of a Pass Book in respect of any land specified in such Pass Book or any interest in such land shall be registered by any Registrar or Sub-Registrar unless the 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. Any transfer effected in contravention of this sub-section shall be null and void.
(11) No alteration in the revenue record shall be made by any revenue officer as a consequence of any transfer of land or any interest therein except on the production of the Pass Book.
(12) Any revenue officer may direct the transferer or transferee of any right or interest in the land to produce the Pass Book within fifteen days of issuance of a notice to him and such transferer or transferee shall thereupon produce the Pass Book either personally or through an authorised agent for making entry indicating the transfer. Any alteration made in contravention of this sub-section shall be void.
(13) Financial assistance may be granted by a financial institution to a land holder on production of the Pass Book. However, production of Pass Book will not be necessary for crop loans advanced by co-operative societies.
(14) A financial institution granting any financial assistance to the holder of the Pass Book shall make an entry to that effect in the Pass Book and where such financial assistance has been given on the security of any holding, the financial institutions 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 institution on the holding against which the entry has been made and the holder of the 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 interest therein was created by a land holder in favour of a financial institution before the commencement of the Jammu and Kashmir Land Revenue (Amendment) Act, 2001, it shall not debar him from creating after such commencement subsequent charge on such land interest thereon in favour of financial institution as security for any financial assistance given to him 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 within fifteen days all outstanding loans (except crop loan) advanced by co-operative societies and encumbrances created by the land holder, as the case may be, by procuring an affidavit to that effect and enter and authenticate the details thereof in the Pass Book.
(15) The financial institution shall endorse a copy of relevant entries incorporated in the Pass Book to revenue officer as well as the Sub-Registrar within the local limits of whose jurisdiction the whole or any 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 Jammu and Kashmir Land Revenue Act, Samvat 1996.
(16) A charge or mortgage created on any land or interest or crop standing therein after the commencement of Jammu and Kashmir Land Revenue (Amendment) Act, 2001 in favour of Government shall have priority over a charge or mortgage on such land or interest created a land holder in favour of a financial institution after such commencement.
(17) A Pass Book issued under this section and made upto date shall remain in force until the next Jamabandi and shall be valid thereafter only if it has been made upto date and so certified in the manner as may be prescribed. Each page of the Pass Book shall be serially numbered and name of the land holder on each page to avoid tampering with.
(18) The Pass Book shall be issued to a land holder on payment of such amount as may be prescribed.
(19) If any person fails or refuses to produce a Pass Book on demand by a revenue officer or interpolates or erases anything in the Pass Book with an intent to defraud an authority or makes any false statement knowing or having reason 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 one year or with an imprisonment which may extend to 3[twenty thousand rupees] or with both.
(20) No court shall take cognizance of an offence punishable under subsection (1) except on a complaint made by the revenue officer. However, financial institution may inform the revenue officer about any tampering within the Pass Book coming to its notice.
2[(2) The pass book shall be in such form and valid for such period as may be prescribed and the Board shall strive for preparing, issuing and maintaining the passbooks in digital format, and the Board shall be competent to issue direction for this purpose.]
(3) The Pass Book shall be completed by such persons and in such manner as may be prescribed. The person so authorised shall be the competent authority for purposes of sections 22-A, 22-B, 22-C, 22-D, 22-E, 22-F, 22-G and 22-H of this Act.
(4) On presentation of the Pass Book at the time of attestation of mutation or otherwise with a regard to any change in the interest of the holding of the land holder the revenue officer, after 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 change in the Pass Book in such form and manner as may be prescribed.
(5) The holder of the Pass Book shall get it updated within one month after the expiry of its period of validity and on his failure to get it validated, Pass Book shall otherwise, not be entertained at legal document whenever presented.
(6) Soon after the consignment of the next Jamabandi of the revenue estate in the Sadar Office but not later than 30th April of the year succeeding the year in which Jamabandi has been completed, the holder of the Pass Book shall hand it over to the new Jamabandi against receipt as may be prescribed. However, pending updation of the Pass Book, the entries therein for the period of the preceding Jamabandi would continue to remain valid for that period only.
(7) Every entry made in the manner prescribed, in the Pass Book issued under this section shall be presumed to be true and correct until the contrary is proved.
(8) The entries in 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 Courts and the financial institutions including Banks.
(9) If there be any mistake in the Pass Book, the same can be challenged by making an application to the Deputy Commissioner who shall make such appropriate orders to certify it, as he deems fit.
(10) No transfer made by the holder of a Pass Book in respect of any land specified in such Pass Book or any interest in such land shall be registered by any Registrar or Sub-Registrar unless the 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. Any transfer effected in contravention of this sub-section shall be null and void.
(11) No alteration in the revenue record shall be made by any revenue officer as a consequence of any transfer of land or any interest therein except on the production of the Pass Book.
(12) Any revenue officer may direct the transferer or transferee of any right or interest in the land to produce the Pass Book within fifteen days of issuance of a notice to him and such transferer or transferee shall thereupon produce the Pass Book either personally or through an authorised agent for making entry indicating the transfer. Any alteration made in contravention of this sub-section shall be void.
(13) Financial assistance may be granted by a financial institution to a land holder on production of the Pass Book. However, production of Pass Book will not be necessary for crop loans advanced by co-operative societies.
(14) A financial institution granting any financial assistance to the holder of the Pass Book shall make an entry to that effect in the Pass Book and where such financial assistance has been given on the security of any holding, the financial institutions 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 institution on the holding against which the entry has been made and the holder of the 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 interest therein was created by a land holder in favour of a financial institution before the commencement of the Jammu and Kashmir Land Revenue (Amendment) Act, 2001, it shall not debar him from creating after such commencement subsequent charge on such land interest thereon in favour of financial institution as security for any financial assistance given to him 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 within fifteen days all outstanding loans (except crop loan) advanced by co-operative societies and encumbrances created by the land holder, as the case may be, by procuring an affidavit to that effect and enter and authenticate the details thereof in the Pass Book.
(15) The financial institution shall endorse a copy of relevant entries incorporated in the Pass Book to revenue officer as well as the Sub-Registrar within the local limits of whose jurisdiction the whole or any 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 Jammu and Kashmir Land Revenue Act, Samvat 1996.
(16) A charge or mortgage created on any land or interest or crop standing therein after the commencement of Jammu and Kashmir Land Revenue (Amendment) Act, 2001 in favour of Government shall have priority over a charge or mortgage on such land or interest created a land holder in favour of a financial institution after such commencement.
(17) A Pass Book issued under this section and made upto date shall remain in force until the next Jamabandi and shall be valid thereafter only if it has been made upto date and so certified in the manner as may be prescribed. Each page of the Pass Book shall be serially numbered and name of the land holder on each page to avoid tampering with.
(18) The Pass Book shall be issued to a land holder on payment of such amount as may be prescribed.
(19) If any person fails or refuses to produce a Pass Book on demand by a revenue officer or interpolates or erases anything in the Pass Book with an intent to defraud an authority or makes any false statement knowing or having reason 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 one year or with an imprisonment which may extend to 3[twenty thousand rupees] or with both.
(20) No court shall take cognizance of an offence punishable under subsection (1) except on a complaint made by the revenue officer. However, financial institution may inform the revenue officer about any tampering within the Pass Book coming to its notice.
1. Sections 22-A to 22-I inserted by Act VII of 2002, s. 2. 2. Sub-section (2) substituted by S.O. 3808(E) dated 26.10.2020. 3. Substituted by S.O. 3808(E) dated 26.10.2020 for “twenty hundred rupees”.