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[Cites 0, Cited by 2] [Section 48] [Entire Act]

State of Gujarat - Subsection

Section 48(1) in The Gujarat Co-Operative Societies Act, 1961

(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.