Section 59 in Assam Co-Operative Societies Act, 2007
59. Restriction on transfer of possession of Land held under a society.
(1)Notwithstanding anything in any other law for the time being in force, a member of a registered society the object of which is to develop cooperative of 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 a member his possession of an interest in any such land held by him under the society shall come to his nominees in accordance with the provisions of Section 56 or to 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 an 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 of the deceased member owing 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, sum equivalent to the value of the share and interest of the deceased member as 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 a 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 members 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 in any suit or proceeding for the recovery of any debt other than a debt due to the society or to a member thereof.(7)No land shall vest in such a society by reason of the provisions of this 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 the pendency of lease or contract.
