Consequences of registration

§79

Summary

(1) When a co-operative farming society is registered under section 77, all land in the circle held by a member, whether as bhumidhar or sirdar, other than land in possession of his asami, till such time as it is so held by the asami, shall be deemed to have passed into the possession, control and management of the co-operative farming society, which shall thereupon hold such land in accordance with the provisions of this Chapter and may use the same for any of the purposes mentioned in sub-section (1) of section 77 ; Provided that nothing in this sub-section shall apply to any land on which a farmhouse has been built or to such land, not exceeding one half of an acre in area, appurtenant to the farmhouse as the member, at the time of applying for membership of the society, opts to reserve for his personal cultivation ; Provided further that where a member of a co-operative farming society has only a share in a joint holding his share in that holding shall not, unless all the co-sharers of that holding are members of society, be deemed to pass into the possession, control and management of the society, unless he gets his share partitioned or he is in separate possession of a part of that holding ; Provided also that nothing in this section shall be construed to mean that the interest of the bhumidhar or the sirdar in the land contributed by him to the co-operative farming society has, except as provided in section 82, ceased to vest in him. Explanation- For the purposes of this section, "land" shall not include grove land, or land held and used by the bhumidhar or sirdar for purposes connected with horticulture, sericulture or animal husbandry which include piggery, pisciculture and poultry farming, or for the development of any cottage industry subsidiary to any such purpose, but shall include such land as is held by the bhumidhar or sirdar for any of the aforesaid purposes if it is also one of the purposes of the society. (2) No member of a co-operative farming society shall, except as provided in sub-section (3), be entitled to make any disposition of any land contributed by him to the society. (3) Every member of the co-operative farming society who is bhumidhar of any land contributed by him to the co-operative farming society may, subject to the provisions contained in section 169 of the U. P. Zamindari Abolition and Land Reforms Act, 1950, make a testamentary disposition of such land and, with the permission of the co-operative farming society, any other disposition. (4) Every member of a co-operative farming society shall be entitled to such rights and privileges, be subject to such obligations and liabilities and be bound to discharge such duties as may be conferred or imposed upon him by or under this Act. (5) All cases, local rates, rent or land revenue payable by a member of a co-operative farming society, in respect of the land held by the society under sub-section (1) may, as from the date of registration of the society, be recovered from it. Any amount so paid by the society on behold of a member shall be recoverable by it from that member. U. P. Act I of 1951 (6) The provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950, shall in so far as they are not inconsistent with the provisions of this Act, continue to govern land and the holder thereof.

(1) When a co-operative farming society is registered under section 77, all land in the circle held by a member, whether as bhumidhar or sirdar, other than land in possession of his asami, till such time as it is so held by the asami, shall be deemed to have passed into the possession, control and management of the co-operative farming society, which shall thereupon hold such land in accordance with the provisions of this Chapter and may use the same for any of the purposes mentioned in sub-section (1) of section 77 ; Provided that nothing in this sub-section shall apply to any land on which a farmhouse has been built or to such land, not exceeding one half of an acre in area, appurtenant to the farmhouse as the member, at the time of applying for membership of the society, opts to reserve for his personal cultivation ; Provided further that where a member of a co-operative farming society has only a share in a joint holding his share in that holding shall not, unless all the co-sharers of that holding are members of society, be deemed to pass into the possession, control and management of the society, unless he gets his share partitioned or he is in separate possession of a part of that holding ; Provided also that nothing in this section shall be construed to mean that the interest of the bhumidhar or the sirdar in the land contributed by him to the co-operative farming society has, except as provided in section 82, ceased to vest in him. Explanation- For the purposes of this section, "land" shall not include grove land, or land held and used by the bhumidhar or sirdar for purposes connected with horticulture, sericulture or animal husbandry which include piggery, pisciculture and poultry farming, or for the development of any cottage industry subsidiary to any such purpose, but shall include such land as is held by the bhumidhar or sirdar for any of the aforesaid purposes if it is also one of the purposes of the society. (2) No member of a co-operative farming society shall, except as provided in sub-section (3), be entitled to make any disposition of any land contributed by him to the society. (3) Every member of the co-operative farming society who is bhumidhar of any land contributed by him to the co-operative farming society may, subject to the provisions contained in section 169 of the U. P. Zamindari Abolition and Land Reforms Act, 1950, make a testamentary disposition of such land and, with the permission of the co-operative farming society, any other disposition. (4) Every member of a co-operative farming society shall be entitled to such rights and privileges, be subject to such obligations and liabilities and be bound to discharge such duties as may be conferred or imposed upon him by or under this Act. (5) All cases, local rates, rent or land revenue payable by a member of a co-operative farming society, in respect of the land held by the society under sub-section (1) may, as from the date of registration of the society, be recovered from it. Any amount so paid by the society on behold of a member shall be recoverable by it from that member. U. P. Act I of 1951 (6) The provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950, shall in so far as they are not inconsistent with the provisions of this Act, continue to govern land and the holder thereof.

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