Bare ActsThe ARUNACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1978 (Act No. 3 of 1979)

Section 28

In any society, no member other than the Government or any other society, shall : a

Amendment status not verified — confirm the current text below against the official source.

In any society, no member other than the Government or any other society, shall : a. Hold more than such portion of the total share capital of the society (in no case exceeding one-fifth thereof) as may be prescribed, or b. Have or claim any interest in the shares of the society exceeding five thousand rupees: Provided that the Government may, by notification in the Official Gazette specify in respect of any class of societies a higher or lower maximum than one fifth of the share capital or, as the case may be, a higher or lower amount than five thousand rupees. 29.(1) Subject to the provisions of the last preceding section as to the maximum holding of shares and to any rules made in this behalf, a transfer of, or charge on the share or interest of the member in the share capital of a society shall be subject to such conditions as may be prescribed. (2) A member shall not transfer any share held by him or his interest in the capital or property of any society, or any part thereof, unless - a. he has held such share or interest for not less than one year; b. the transfer is made to a member of the society or to a person whose application for membership has been accepted by the society. (3) Notwithstanding anything contained in sub-section (1) and (2), where a member is allowed to resign or is expelled, or cease to be a member on account of his being disqualified by this Act or by the rules made there- under or by the bye-laws of the society, the society may acquire the share or interest of such member in the share capital by paying for it at the value determined in the manner prescribed, provided that the total payment of share capital of a society in any financial year for such purpose does not exceed ten percent of the paid-up share capital of the society on the last day of the financial year immediately preceding. Explanation - The right to forfeit the share or interest, of any expelled member in the share capital by virtue of any bye-laws of the society, shall not be affected by the aforesaid provisions. (4) Where the Government is a member of a society the restriction contained in this section shall not apply to any transfer made by its share or interest in the capital of the society; and the Government may, notwithstanding anything in this Act, withdraw from the society its share capital at any time, after giving to the society notice thereof not less than three months. 30.(1) On the death of a member of a society the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules, or, if no person has been so nominated, to such persons as may appear to the Committee to be the heir or legal representative of the deceased member : Provided that such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society ; Provided further that, nothing in this sub-section or in section 22 shall prevent a minor or a person of unsound mind from acquiring by inheritance or otherwise, any share or interest of deceased member in a society. (2) Notwithstanding anything contained in sub-section (1 ), and such nominee, heir or legal representative, as the case may be, may require the society to pay him the value of share or interest of the deceased member, ascertained in accordance with the rules. Restrictions on holding of shares. Restrictions on transfer of charge on share of interest. Transfer of interest on death of member. (3) A society may pay all other moneys due to the deceased member from the society to such nominee, heir or legal representative, as the case may be. (4) All transfer and payments, duly made by a society in accordance with the provisions of this section, shall be valid and effectual against any demand made upon the society by any other person.

Section 28 – The ARUNACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1978 (Act No. 3 of 1979) | DailyLaw.ai