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Co-Operative Societies Act 2008

102. Creation of charge in favour of the society

1.      A person to whom money has been lent by a society or who is otherwise indebted to the society may be required to create a charge in favour of the society in such form as may be prescribed in the Regulations.

2.      A charge shall so long as it continues in force confer on the society the following rights and impose on the society the following obligations, that is to sayŚ

a.      the right upon the happening of any event specified in the charge as being an event authorising the chargee to seize the property subject to the charge and take possession of any such property so subject;

b.     after an interval of 5 clear days from the date of taking possession of any property subject to the charge, or such less time as may be specified in the charge to sell such property either by auction or if the charge so provides by private treaty, either for a lump sum or payment by installments;

c.      to apply the proceeds of sale in or towards discharge of the debt secured by the charge and the costs of seizure and sale and to pay any surplus of such proceeds to the member whose property is sold.



3.      A charge shall, so long as it continues in force, impose on the chargee the obligation to pay to the society towards the discharge of his indebtedness the proceeds of sale of any property comprised in the charge or any money received under any policy of insurance or by way of compensation in respect of any such property, except in so far as the charge otherwise allows.

4.      For the avoidance of doubt, it is hereby declared that a charge under this section is not a bill of sale within the meaning of the Bill of Sale Act.

Cooperative Societies Act, 2008 Back

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