Section 48 in The Gujarat Co-Operative Societies Act, 1961
48. Prior claim of society.
(1)Notwithstanding anything contained in any other law for the time being in force, but subject to any prior claim of Government in respect of land revenue or any money recoverable as land revenue and to the provisions of Sections 60 and 61 of the Code of Civil Procedure, 1908 (V of 1908),-(a)any debt or outstanding demand, owing to a society by any member or a person who has ceased to be a member shall be a first charge upon-(i)the crops or other agricultural produce raised in whole or in part whether with or without a loan taken from the society by him.(ii)cattle, fodder for cattle, agricultural or industrial implements or machinery, or raw materials for manufacture, or workshop, godown or place of business, supplied to, or purchased by him in whole or in part, from any loan whether in money or goods made to him by the society, and(iii)any movable property which may have been hypothecated, pledged or otherwise mortgaged by him with the society, and remaining in his custody :(b)any outstanding demands or dues payable to a society by any member or a person who has ceased to be a member, in respect of rent, shares, loans or purchase money or any other rights or amounts payable to such society, shall be first charge upon his interest in the immovable property of the society :Provided that the prior claim of Government in respect of dues other than land revenue, shall be restricted for the purpose of this sub-section to the assets created by a member out of the funds in respect of which the Government has a claim.(2)No property or interest in property, which is subject to a charge under sub-section (1) shall be transferred in any' manner without the previous permission of the society'; and such transfer shall be subject to such conditions, if any, as the society may impose.(3)Any transfer made in contravention of sub-section (2) shall be void.(4)Notwithstanding anything contained in sub-sections (2) and (3), a society, which has as one of its objects the disposal of the produce of its members, may provide in its bye-laws, or may otherwise contract with its members,-(a)that every such member shall dispose of his produce through the society, and(b)that, any member, who is found guilty of a breach of the bye-law or of any such contract, shall reimburse the society for any resultant loss, determined in such manner as may be specified in the bye-laws.
