Section 42 in Sikkim Co-Operative Societies Act, 1978
42. First charge of a society on certain movable assets of member for the amount due by him.
(1)Notwithstanding anything contained in any other law for the time being in force but subject to any claim of the Government in respect of land revenue or any sum recoverable as land revenue or as public demand, any claim, any debt or other amount due to a society by any member including a past or deceased member shall be a first charge upon the crops or other 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 owned by or belonging to such member, past member or forming part of the estate of the deceased member as the case may be.(2)Such charge shall be available even as against any amount, recoverable by the Government as if it were an arrear of land revenue subsequent to the incurring of the debt or the liability for the other amount due to the society referred to in sub-section (1).(3)No person shall transfer any property which is subject to such charge except with the previous, permission in writing of the society which holds the charge and any transfer, without such permission shall, notwithstanding anything contained in any law for the time being in force, be void.(4)The charge under this section shall not be available against the following articles of such member:(a)the necessary wearing apparel, cooking vessels, beds and bedding and such personal ornaments of a woman as in accordance with religious usage cannot be parted with by her;(b)ploughs, implements of husbandry, one pair of ploughing cattle, such manure and seed grains stocked by him, 'as may be necessary for the due cultivation of his lands in the ensuing year.
