Notwithstanding anything contained in this Regulation or in any other law for the time being in force-
(i) any person who makes an application to a society of which he is a member for a loan shall, if he own any land or has interest in any land as a tenant, make a declaration in the prescribed form which shall state that the applicant thereby creates a charge on such 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 interest 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 has any interest in any land as a tenant shall, in a case where such loans subsists immediately before such commencement, make a declaration in the form and to the effect referred to clause (i);
(iii) a declaration made under clause (i) or clause 9ii) may be varied at 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 society, 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 or interest therein;
Provided further that the standing crops on any such land may be alienated with the previous permission of the society;
(v) any alienation made in contravention of the provision of clause (iv) shall be void;
(vi) subject to the prior claims of the Government in respect of land revenue or any money recoverable as land revenue, there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause
(i) or clause (ii) for and to the extent of the dues owing by him on account of the loan and address;
(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).
16 Registrar of Co-operative Societies, Co-operative Department, A&N Islands, VIP Road, Junglighat, Port Blair, PIN-744103 (Contact No.03192232388), 2019.
ANDAMAN & NICOBAR GAZETTTE, EXTRAORDINARY, MAY 13, 1973
Explanation:- For the purpose of this section, “society” means any cooperative society or class of co-operative societies specified in this behalf by the Chief Commissioner by a general or special order.