Kerala Cashew Factories (Acquisition) Act, 1974

No: 29 Dated: Nov, 19 1974

THE KERALA CASHEW FACTORIES (ACQUISITION) ACT, 1974

(ACT 29 OF 1974)

    Act to provide for the acquisition, in the public interest, of certain cashew factories.

    Whereas it is expedient, in the public interest to acquire certain cashew factories to prevent large scale unemployment among the workers in the cashew industry and to provide employment to the workers who have been rendered unemployed and to secure to them just conditions of service ;

Be it enacted in the Twenty-Fifth Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Cashew Factories (Acquisition) Act, 1974.

(2) It extends to the whole of the State of Kerala .

(3) It shall come into force at once.

2. Definitions. - In this Act. Unless the context otherwise requires,-

(a) "appointed day" means the date of publication of the declaration under Subsection (1) of section 3 [(or under sub-section (1) of section 3A)] [or under section 3B]

(b) "Cashew factory" means a factory as defined in the Factories Act, 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 ;

(c) "Corporation" means the Kerala State Cashew Development Corporation Limited, incorporated under the Companies Act. 1956 (Central Act 1 of 1956) ;

(d) "Factories Act" means the factories Act, 1948 (Central Act 63 of 1948) ;

(dd) "Federation" means the Kerala State Co-operative Marketing Federation ;

(e) "occupier" means an occupier as defined in the Factories Act;

(f) "prescribed" means prescribed by rules made under this Act ;

(g) "Processing", with reference to cashewnuts, includes extraction of cashwenut oil and roasting, shelling, peeling, grading and treating of cashewnuts.

(h) "Workers' Co-operative society" or Society" means a co-operative society registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969) and formed with the object of managing a cashew factory which has been closed down or vested under this Act in the Government and of which at least ninety percent of the members are workmen within the meaning of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) who have been immediately before the appointed day, in the employment of the cashew factory.