Note: The condition at Sr. No. (vii) above shall not apply to transfer of Shares and interest of the transferor in the capital/property of the Society to the member of his family or to his nominee or his/her legal representative.
(a) The procedure for disposal of application for transfer of shares and/or interest of members in the capital/property of the Society as laid down under the model bye-laws No. 67 shall be followed by the Secretary and the Committee of the Society.
(b) The managing committee or the General Body, as the case may be shall not refuse any application for admission to membership or transfer of shares and interest in the capital/property of the society except on the ground of non-compliance of the provisions of the Act, the Rules and the bye-laws of the society or any other law or order issued by the Government in exercise of the statutory powers vested in it.
(c) If the decision of the Committee/General body meeting as the case may be, on the application for the transfer of shares and/or interest in the capital/property of the society is not communicated to the applicant within 3 months of its receipt, the transfer application shall be deemed to have been accepted and the transferee shall be deemed to have been admitted as a member of the society as provided under Section 22(2) of the Act.
(d) Any transfer made in contravention of the Act, Rules or the bye-laws will be void and will not be effective against the society.
The transferee shall be eligible to exercise the rights of membership on receipt of the letter in the prescribed form from the society.
-By Vimal Punmiya, B. Com, L.L.B.(Gen), F.C.A.