Bare ActsThe PUDUCHERRY CO-OPERATIVE SOCIETIES ACT, 1972

Section 39

First charge of society

Amendment status not verified — confirm the current text below against the official source.

First charge of society.- (1) Subject to the prior claim, if any, of the Government in respect of land revenue or any money recoverable as land revenue, any debt or outstanding demand due to a registered society from any member or past member or the estate of a deceased member shall be a first charge- (i) upon the crops or other agricultural produce of such member; for the raising of which the loan was taken from the registered society by such member; and (ii) upon any cattle, fodder for cattle, agricultural or industrial implements or machinery, or raw materials for manufacture supplied or purchased in whole or in part out of the loan of money given by the registered society, or on any articles manufactured from raw materials so supplied, or purchased or on any workshop, godown, or place of business constructed or purchased out of any such loan. (2) No property or interest in property which is subject to a charge in favour of a registered society under sub-section (1) shall be sold or otherwise transferred or converted in any manner without the previous written permission of the society. (3) A member or a past member of the nominee, heir or legal representative of a deceased member of a registered society shall, if so required by the society, deposit with, or entrust to the custody of, the society, such property as is subject to a charge under sub-section (1) at such place and in such manner as may be prescribed until the debt or outstanding demand due to the society is fully paid and shall also pay towards all expenses incidental to the removal, transport or maintenance of the property so deposited or entrusted to custody. The charges connected with the removal, transport or maintenance of such property shall be recovered from the member or past member or the estate of the deceased member as the case may be, in accordance with such scale as may be prescribed. 72 (4) Notwithstanding anything contained in any law for the time being in force, any transaction made in contravention of sub-section (2) shall be null and void. (5) The charge created by sub-section (1) in favour of a registered society shall be available as against any claim of the Government arising from a loan granted under the Land Improvement Loans Act, 1883, (Central Act 19 of 1883), after the grant of the loan by the society.

Section 39 – The PUDUCHERRY CO-OPERATIVE SOCIETIES ACT, 1972 | DailyLaw.ai