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State of Himachal Pradesh - Section

Section 52 in Himachal Pradesh Co-Operative Societies Act, 1968

52. First charge of co-operative societies on certain assets.

(1)Notwithstanding anything contained in any law for the time being in force but subject to any prior claim of the Government in respect of the land revenue or any money recoverable as land revenue, any debt or outstanding demand owing to a co-operative society by any member or parts member or deceased member shall be a first charge upon [movable property,] [Inserted by H. P. Ord. No. 4 of 1975, Sec. 7 (replaced by H. P. Act No. 7 of 1976).] the crops and agricultural produce, cattle, fodder for cattle, agricultural or industrial implements or machinery, raw materials for manufacture and any finished products manufactured from such raw materials belonging to such member, past member or forming a part of the estate of the 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 cooperative 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.
(4)The charge created under sub-section (1) shall be available as against any claim of the Government arising from a loan granted under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists' Loans Act 1884 (12 of 1884), after the grant of loan by the society.