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[Cites 0, Cited by 0] [Section 82] [Entire Act]

State of Uttarakhand - Subsection

Section 82(1) in Uttarakhand Co-Operative Societies Act, 2003

(1)Subject to the other provisions of this Act and the rules and the bye-laws, where a member who contributed land to the co-operative farming society ceases to be a member, he shall be given back the land contributed by him, or, in the interest of compactness of the land left with the society or of the land being returned to the member, any other land of equivalent value belonging to the society or any other member whose written consent to such exchange has been obtained:Provided that the society shall be entitled to reimburse itself from such member the cost of any improvement or operations effected by the society benefiting, or contributing to or helping in production from the land to be returned;Provided further that if the land to be returned is subject to a mortgage made by the society under the provisions of section 86, the society shall, before returning the land to the outgoing member, secure redemption of the land from such mortgage shall release such land from the mortgagor on payment of proportionate amount of the mortgaged money by the society notwithstanding anything to the contrary contained in the Transfer of Property Act, 1882 (Act IV of 1882);Provided also that with the mutual consent of the society and the outgoing member such cash compensation as may be determined in the prescribed manner, be paid by the society in lieu of the land to such member.