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Section 46: Prior claim of a society

The Assam Co-operative Societies Act, 1949State Act of Assam · Act 1 of 1950

(1) Notwithstanding anything contained in:

sections 60 and 61 of the Code of Civil Procedure, 1.908 (V of 1908), any or outstanding demand due to a registered society by any member, surety, past member, or the estate of any deceased member shall be a first charge,

(a) if such debt or demand is due in respect of the supply, or any loan provide the means of such supply, of seed, manure. Labour, fodder for cattle or any other thing incidental to the conduct of agricultural, operations—upon the crops or agricultural produce of such member;'

past member or belonging to the estate of such deceased member, at any time within two years from the date of such supply or loan or froni the date on which the last instalment of such supply or loan became fil repayable ;

(b) if such debt or demand is due in respect of the supply of or any loan for the purchase of cattle, agricultural implements or warehouses for the storage of agricultural produce—in the manner and to the extent aforesaid upon the crops or agricultural produce of such member, past member or belonging to the estate of such deceased member and also upon the cattle, agricultural implements or warehouse thus sup- ■ plied or purchased wholly or in part from any such loan ;

(c) if such debt or demand is due in respect of the supply of. or any loan lor the purchase of raw materials, industrial implements, machinery, workshop, warehouses or business premises,—upon the raw materials or other things supplied or purchased by such member, past member or the deceased member wholly or in part from any such loan and also upon any articles manufactured front raw materials or with im­ plements or machinery so supplied or purchased wholly or in part j from any such loan ;

(d) if such, debt or demand is due in respect of any loan for the purchase, improvement or redemption of land or for the purchase or construc­ tion of any house, building or any portion thereof,—upon the land j purchased, improved or redeemed or the house or building so pur­ chased or constructed by such member, past member or the deceased member from any such loan.

'i (2) Nothing in this section shall affect the claims of any bona /ide purchaser or transferee for value without notice.

Where this provision sits

ActThe Assam Co-operative Societies Act, 1949
Section46
Marginal notePrior claim of a society
JurisdictionState of Assam
StatusIn force as published by the source

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