(1) Notwithstanding anything contained in any law for the time being in force, but subject to any prior claim of the Government in respect of land revenue or any money recoverable as land revenue, any debt or outstanding demand due to a co-operative society by any member or past' member or deceased member shall be a first charge upon the crops and other agricultura: produce, cattle, fodder for cattle, agricultural or industrial implements ur machinery, raw materials for manufacture and any finished products man~lfsctured froin such raw materials belonging to such member, past member or fornling part of tlic estate of thc deceascd menlber: as the case may be.
SEC. 11 THE 'GAZETTE OF INDIA EXTRAORDINARY . 6 I ~ .
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(3) Notwithstanding anything contained in any law for the time being i n force, any transfer of property made in contravention of the provisions of sub-scction (2) shall be void.
(4) The charge created under sub-section (1) shall be available as against any claim of the Government arising from a loan granted under '* 1883. the Land Improvement Loans Act, 1883 or the Agriculturists Loans Act, of 1884.
1884, after the grant of the loan by the co~operative society.
32. Notwithstanding anything contained in this Regulation or in any Charge On immovable other law for the time being in force,- property of
(i) any person who makes an application to a society of which me,nbers he is a member for a loan shall, if he owns any land or has interest borrowing in any land as a tenant, make a declaration in the prescribed form loans f rom which shall state that the applicant thereby creates a charge on such cer?i? socletles.
land or interest specified in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application and for all future advances, if any, required by him which the society may make to him as such member subject to such maximum as may be determined by the society together with hterest on such amount of the loan and advances;
(ii) any person who has borrowed a loan from a society of which he is a member before the commencement of this Regulation. and who owns any land or ha0 any interest in any land as a tenant shall, in a case where such loan subsists immediately before such commencement, make a declaration in the form and to the effect referred to in clause (i) ;
(iii) a declaration made under clause (i) or clause (ii) may be varied a t any time by a member with the consent of the society in favour of which a charge referred to in clause (i) is created;
(iv) no member shall alienate the whole or any part of the land or interest therein, specified in the declaration made under clause
(i) or clause (ii) until the whole amount borrowed by the member together with interest thereon is paid in full:
Provided that for the purpose of paying in full the whole amount . borrowed by the member together with interest thereon to the socjety, the member may, with the previous permission in writing of the society and subject to such conditions as the society may impose, alienate the whole or any part of such land nr interest therein:
Provided further that the standing crops on any such land may be alienated with the previous permission of the society;
(v) any alienati,on made in contravention of the provisions of clause (iv) shall be void;
(71i) sl~bject to the prior clailns of the Government in respect of l and revcnuc o r nny money reroverable as land rcvenlle, there sh:~ll bc n fir::{. ci?:-:iy:i. in i ' avo~~r of t)-ic: sociotv on t l ~ e la116 or ini.crest specified in t.lic: dcc1o:;:ticn made ~ ~ r i d c r clat~:;c (i) or c l , ; ~ l s ~ (ii) for and to the extent of l l ~ c d11::s ,o\ving by him on account of the loan and advances;
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.THE GAZETTE OF INDIA EXTRAORDINARY [ P A R T II- ---- ~ ~ -- . -..-p--p--..----.-. .
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(vii) the record of rights shall also include the particulars of every charge .on land or interest created under a declaration under clause (i) or clause (ii).
Explanation.-For the purposes of this section, "society" means any co-operative society or class of co-operative societies specified in this behalf by the Chief Commissioner by a general or special order.
33. A co-operative society shall have a charge on the share or contriabie to a member or past member or the estate of a deceased member in bution respect of any debt due from such member or past member or the estate or interest of such deceased member to the society, and may set off any sum credited members, or to a member or past member or the estate of a deceased , member in or towards payment of any such debt.