Kerala Cashew Factories (Requisitioning) Act, 1979
No: 6 Dated: Mar, 29 1979
THE KERALA CASHEW FACTORIES (REQUISITIONING) ACT, 1979
(Act 6 of 1979)
An Act to provide for the requisitioning of cashew factories leased out to the Kerala State Cashew Development Corporation.
Whereas certain cashew factories had been leased out by the owners thereof to the Kerala State Cashew Development Corporation Limited, which is a company owned by the Government of Kerala;
And Whereas such cashew factories were at the time of the lease either closed down or run by person other than the owners thereof:
And Whereas the term of the lease in respect of some of such cashew factories has expired and the owners of some of such factories are not willing to extent the term of the lease;
And Whereas suits have been filed in the courts by the owners of some of such cashew factories for delivery of possession thereof;
And Whereas in the interests of the workers of the cashew factories it is considered necessary to enable the said Corporation to continue in possession and management of such of those cashew factories which if given back to the owners thereof could not be run properly and in accordance with law and would either be sold or leased out to private individuals;
Be it enacted in the Thirtieth Year of the Republic of India as follows-.
1. Short title, extent and commencement. - (1) This Act may be called the Kerala Cashew Factories (Requisitioning) Act, 1979.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 13th day of November 1978.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "cashew factory" means a factory as defined in the Factories Act, 1948 (Central Act 63 of 1948), wherein processing of cashewnuts is being carried on and includes the factory building, the site thereof and the buildings and lands appurtenant thereto used or necessary for, or in connection with, the working of the factory;
(b) "Corporation" means the Kerala State Cashew Development Corporation Limited, incorporated under the Companies Act, 1956 (Central Act 1 of 1956);
(c) the expression "Person interested", in relation to any cashew factory, includes all persons claiming or entitled to claim an interest in the amount payable on account of the requisitioning of that factory under this Act;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "processing", with reference to cashew nuts, includes extraction of cashew nut oil, roasting, shelling, peeling, grading and treating of cashew nuts;
(f) "Tribunal" means the Tribunal appointed under section 6.