Section 105 in The Tamil Nadu Co-Operative Societies Act, 1983
105. Declaration by members of a lift irrigation society.
(1)(a)Notwithstanding anything contained in this Act or in any other law for the time being in force, every person making an application for admission as a member of a lift irrigation society shall specify in such application the particulars of the lands for which he desires supply of water by the lift irrigation society and if the bye-laws of such society so require, also make a declaration in the form prescribed authorising the lift irrigation society to mortgage the lands specified in the application as security for any loan to be taken by the lift irrigation society in connection with, or to facilitate, the operations of such society.(b)Where a declaration referred to in clause (a) is made by any person and such person is admitted as a member of the lift irrigation society, such society shall be entitled to mortgage the lands specified in the declaration or any portion thereof in favour of the Government, any [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank or any other financing institution from which such society takes a loan (hereafter in this section referred to as the creditor) and such mortgage shall be binding on the person who made the declaration and his successors-in-interest in such lands.(c)Any lift irrigation society taking a loan from any financing institution (other than the Government or any [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came in to force on the 15th December 1999.] Development Bank) shall obtain the prior approval of the Registrar.(2)No declaration made under sub-section (1) shall be varied or cancelled by a member without the previous written permission of the lift irrigation society and the lift irrigation society shall not give such permission without the approval of the creditor.(3)(a)No land in respect of which a declaration had been made under subsection (1) or any part of such land or any interest in such land shall be sold or otherwise transferred without the previous written permission of the lift irrigation society and such permission shall not be given by the lift irrigation society without the approval of the creditor.(b)Notwithstanding anything contained in any law for the time being in force, any transaction made in contravention of clause (a) shall be null and void.(4)The declaration made under sub-section (1) or any variation or cancellation thereof shall be sent by registered post by the lift irrigation society to the Sub-Registrar having jurisdiction over the area in which the lands are situated.(5)On receipt of the declaration, variation or cancellation, the Sub-Registrar shall, notwithstanding anything contained in any law for the time being in force, register such declaration, variation or cancellation and issue a copy thereof to the lift irrigation society.(6)Any declaration made under sub-section (1) or any variation or cancellation thereof which has rot been registered under subsection (5) shall, notwithstanding anything contained in this Act or in any other law for the time being in force, be null and void.(7)The declaration and the variation, if any, upon registration under sub-section (5) shall be deemed to create an interest in the property to which the declaration relates and shall constitute notice to every person dealing with the said property.
