Section 45 in Sikkim Co-Operative Societies Act, 1978
45. Registration of charge and mortgage in favour of societies.
(1)Notwithstanding anything contained in the Indian Registration Act, 1908 (16 of 1908), a declaration made under sub-section (1) of section 43 or a variation or cancellation made under sub-section (2) of section 43 or a mortgage executed by a member in favour of a primary agricultural credit society or State Co-operative Bank, as the case may be, in respect of financial assistance given by that society shall be deemed to have been duly registered in accordance with the provisions of that Act with effect from the date of such declaration, variation, cancellation or mortgage, as the case may be, provided that the society sends to the Sub-Registrar within the local limits of whose jurisdiction the whole or any part of the property charged or mortgaged is situated within thirty days from the date of such declaration, variation, cancellation or mortgage, as the case may be, by registered post acknowledgement due, a copy of the document making such declaration, variation. cancellation" or mortgage duly certified to be a true copy by an officer of the society authorised to sign on its behalf.(2)The Sub-Registrar receiving the declaration in respect of a charge or variation or a mortgage referred to in subsection (1) shall, as immediately as practicable on receipt thereof, record in a register to be maintained in this behalf, the fact of the receipt of such declaration, variation or mortgage for registration.
