Section 95 in The Tamil Nadu Co-Operative Societies Act, 1983
95. Creation of charge in favour of joint fanning society by a member.
(1)Notwithstanding anything contained in this Act or in any other law for the time being in force, a member of a joint farming society whose lands have been pooled in the manner set out in clause (2) of section 93, shall, if so required by such society make- a declaration in the form prescribed that he thereby creates a charge upon those lands in respect of any loan taken by the joint farming society in connection with, or to facilitate the operations of, such society and the charge so created shall be deemed to have been transferred to the person from whom the joint farming society has taken the loan.(2)No declaration made under sub-section (1) shall be varied or cancelled by a member without the previous written permission of the joint farming society; and the joint farming society shall not give such permission without the approval of the person to whom the charge stands transferred under sub-section (1).(3)(a)No land in respect of which a declaration has 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 joint farming society, and such permission shall not be given by the joint farming society without the approval of the person to whom the charge stands transferred under sub-section (1).(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 joint farming 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 joint farming society.(6)Any declaration made under sub-section (1) or any variation or cancellation thereof which has not been registered under sub-section (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.
