(1) Notwithstanding anything contained in any other law for the time being in force but subject to the provisions of the West Bengal Agricultural Credit Operations Act, 1973 and to any claim of the State Government in respect of land revenue, any debt or outstanding demand owing to a co-operative society by any member or any past or deceased member of such co-operative society shall be a first charge upon the lands, crops or other agricultural produce, cattle, fodder, agricultural or industrial implements or machinery, raw materials, finished products, house or building or any portion thereof belonging to such member or past member or forming part of the estate of such deceased member, as the case may be.
(2) No person shall transfer any property which is subject to a charge under sub-section (1) except with the previous permission in writing of the co-operative society which holds such charge.
(3) Notwithstanding anything contained in any other law for the time being in force, any transfer of property made in contravention of subsection (2) shall be void.
(4) The charge created under sub-section (1) shall be available against any claim of the State Government arising from a loan granted under the Land Improvement Loans Act, 1883 or the Agriculturists' Loans Act, 1884 after the grant of the loan by a co-operative society.
West Ben.
Act XXXIV of 1973.
19 of 1883.
12 of 1884.
344 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Chapter VI.—Duties and obligations of co-operative societies.—Sections 52, 53.)
52. Notwithstanding anything contained in this Act or in any other Charge on m law for the time being in force,— immovable of
(a) a member who makes an application for loan to a co- members borrowing operative society of which the majority of the members are from certain agriculturists shall, if he owns any land or has interest in co-operative societies_ any land as a tenant, make in the prescribed form a declaration that he thereby creates a charge upon such land or interest as may be specified in the declaration for repayment with interest of the loan or of the future loans, if any, that may be granted to him by the co-operative society from time to time;
(b) a declaration made under clause (a) may be varied or cancelled by the member at any time with the consent of the cooperative society;
(c) the land or the interest upon which a charge has been created under clause (a) shall not be transferred by the member until the entire amount of the loan including interest has been repaid by the member:
Provided that nothing in this clause shall apply to such part of the land or interest as has been released under clause (e) from the charge created under clause (a);
(d) any transfer made in contravention of clause (c) shall be void;
(e) if the member repays a part of the dues on account of any loan and makes an application for release of the land or interest from the charge created under clause (a), the co-operative society may, with the approval of the central bank and concerned unit of the State Co-operative Bank to which it may be indebted and having regard to the security of the outstanding amount of the loan and the interest thereon, release from the charge such portion of the land or the interest as it may deem proper.