(1) Notwithstanding anything contained in sections 60 and 61 of the Code of Civil Procedure, 1908, but subject to any claim of the State Government in respect of land revenue, or any sum recoverable as land revenue or as a public demand, or any claim of a co-operative land development bank in relation to a loan granted by it on the mortgage of immovable property for a period over five years, any debt or outstanding demand due to a co-operative society by any member, 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 of, or of any loan to provide the means of paying for, seed, manure, labour, subsistence, 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 on which the last instalment of such supply or loan became repayable;
(b) if such debt or demand is due in respect of the supply of, or of any loan to provide the means of paying for, irrigation facilities,—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 5 of 1908.
183 The West Bengal Co-operative Societies Act, 1973.
[West Ben. Act (Chapter V.—Privileges of co-operative societies.— Section 47.)
date on which the last instalment of such supply or loan became repayable or upon the crops or agricultural produce of the land so provided with irrigation facilities;
(c) if such debt or demand is due in respect of the supply of, or of 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 warehouses thus supplied or purchased, wholly or in part, from any such loan;
(d) if such debt or demand is due in respect of the supply of, or of any loan for the purchase of, raw materials, industrial implements, machinery, workshops, warehouses or business premises,—upon the raw materials or other things supplied or purchased by such member, past member or deceased member, wholly or in part, from any such loan and also upon any articles manufactured from raw materials or with implements or machinery so supplied or purchased, wholly or in part, from any such loan;
(e) if such debt or demand is due in respect of any loan for the purchase or redemption of land,—upon the land purchased or redeemed by such member, past member or deceased member from any such loan; and
(f) if such debt or demand is due in respect of any loan for the purchase or construction of any house or building or any portion thereof or in respect of the supply of materials for such construction,—upon the house or buildings so purchased or constructed by such member, past member or deceased member from any such loan or material.
(2) No property subject to a charge under sub-section (1) shall be transferred except with the previous permission, in writing, of the co-operative society which holds the charge.
(3) Notwithstanding anything contained in any law for the time being in force, any transfer of property made in contravention of the provisions of sub-section (2) shall be void.
184 The West Bengal Co-operative Societies Act, 1973.
XXXVIII of 1973.]
(Chapter V.—Privileges of co-operative societies.— Section 48.)
48. Notwithstanding anything contained in this Act or in any other law for the time being in force,—
(a) a member who makes an application for a loan to a cooperative society of which the majority of the members are agriculturists shall, if he owns any land or has interest in any land as a tenant, make, in such form as may be prescribed, a declaration that he thereby creates a charge upon such land or such interest, or such portion thereof, as may be specified in the declaration, for the payment of the loan which the society may make to the member on the application and of future loans, if any, that may be made to him, from time to time, by the society together with interest on such loan or loans;
(b) a declaration made under clause (a) may be varied or cancelled at any time by the member making it, with the consent of the society in whose favour it is made;
(c) any land or interest in land in respect of which a declaration has been made under clause (a) or any part of such land or interest, shall not be sold or otherwise transferred by the member making the declaration, until the entire amount of the loan or loans taken by the member from the society together with interest thereon is paid to the society:
Provided that nothing in this clause shall apply to any such part of such land or interest as may have been released from the charge created under this section under the proviso to clause (e);
(d) any transfer made in contravention of clause (c) shall be void;
(e) subject to any claim of the State Government in respect of land revenue or any sum recoverable as land revenue or as public demand, there shall be a first charge in favour of the society on the land or interest in land specified in the declaration made under clause (a), for and to the extent of the dues recoverable from the member making the declaration on account of the loan or loans made to him by the society:
Provided that if a part of such dues is paid by the member, the society may, on the application of the member and with the approval of the central bank to which it may be indebted, release from the charge such part of the land or interest in land specified in the declaration made under. clause (a) as the society may, having due regard to the security of the outstanding amount of the loan or loans made to the member, deem proper.
Charge on immovable property of members borrowing from certain societies.
185 The West Bengal Co-operative Societies Act, 1973.
West Ben. Act Levy of water-rate and embankment protection rate on nonmembers.
(Chapter V.—Privileges of co-operative societies.— Section 49.)