Section 27 in Sikkim Co-Operative Societies Act, 1955
27. Restriction on Transfer of Possession of Land held Under a Society.
- Notwithstanding anything in any law for the time being in force(1)a member of a registered society, the object of which is to develop cooperative or Collective farming, shall not be entitled to transfer his possession or interest in any land' held by him under the society, except to the society or with the previous approval of the managing body and in accordance with its bye-laws, to a member thereof or to a person who will be admitted as a member of the society;(2)on the death of such member, his possession of and interest in, any such land held by him under the society shall come to his nominee in accordance with the provisions of section 23 or in the' first eligible heir according to seniority in age willing to become a member-of the society;(3)if no nominee or heir becomes a member the possession of and interest in, such land of the deceased, shall vest in the society, which shall pay to the nominee or the heir, a sum equivalent to the value of the share and interest of the deceased member' and any other sum due from the' society as determined in accordance with this Act or rules framed thereunder after deducting all dues which the deceased member owned to the society.(4)if there is no person qualified to succeed 'to the share or: interest of the deceased member, the society shall pay to his heir, executor or the legal representative as the case may be, a sum equivalent to the value of the share and interest of the deceased member determined in accordance with the rules after deducting the dues of the deceased to the society.(5)when in any other case a member ceases to be a member of such society under this Act, rules or' bye'- laws', his possession of and interest in, any such land held by him under the society shall come to the society. If the bye-laws allow and if the share and interest of the member is not forfeited under this Act or rules framed thereunder, the society shall pay to the ceased member a sum equivalent to the value of the share and interest of such member and any other sum due to him from the society after deducting his debts to the society, if any;(6)no land held under a registered society specified in sub-section (1) by a member thereof, or vested under sub-section (2) in the heir or nominee of such member shall be attachable to any suit or proceeding for the recovery of any debt other thana debt due to society or to a member thereof;(7)no land shall vest' in such a society by reason of the provisions of the section unless it is owned by the society or has been Leased' to the society and, if the society holds the land by lease or contract the land shall vest in the society only during pendency of the lease or contract.
