LexThe Raw Cashewnuts (Procurement and Distribution) Act, 1981 (Act 14 of 1981)
Kerala · state statute
Open in Lexace · Ask the AI about this act( \
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TilE KERALA RAW CASHEWNUTS (PROCUREMENT AND
DISTRIBUTION) ACT, 1981
(Act 14 of 1981) •
CoNTENTS
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.Stctions:
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Short title, extent and commencetnent.
Definitions
Restriction on sale and purchase of raw cashewnuts.
Restriction on possess1on of raw ca~hewnuts.
Price to be pa1d by agent and sub-agents.
Agent to fi1rnish returns.
Power of Government to issue instructions to agent and sub·age~tts.
Rtmoval of agent.
Appoir tment of Co-operative Societies as sub-agcntc:~.
Prohibit,on of pro essing or conversion and restrtction on sale, etc.
Sale of raw cashewnuts to cashe v factories.
n •• ty of occupier to take deltvcry of ra\v rashewnuts.
Price to be pa 1d by occupiers.
Proce,sing of ra~ ca.,he~nuts to be done iu th~ concerned factory.
Restr1Ct1on on transport of raw ca~hewnuts.
Appltcation form and form of permit.
Power to refuse permit.
Cancellation of permit.
Powers of entry, sc•zure, etc.
Confi~cation of raw cashewnuts.
Issue of show-cause not1ce before confiscation.
Appeal.
Award of confiscation not to interfere with other punishment
Bar of"jurisd•ctJon in certain cases. ·
Penalttes.
Attctnpts and Abetment.
False statement.
Offences by companies.
Offence~ to be cognizable.
Co~n zance of offences.
Grant of injunction, etc. by Civil Courts.
l,rotcction of action taken under Act.
l~xemption.
l,ower to make rules.
Repeal and saving.
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THE KERALA RAW CASHEWNUTS (PROCUREMENT
AND DISTRIBUTION) ACT, 1981 • , .
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(Act 14 or 1981)
An Act to prooide for tht trade in raw cashewnuts hy the Stall to tlt1 exclusion of
all otlurs by the procur1ment and sale thereof at fair pricel ,
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Preamble.-WHEREAS by judgment dated the 23rd .January, 1981, tha
Supreme Court has quashed the declaration made by the Government of
Kcra1a to the effect that raw cashewnut is an essential article under tho
Kerala Essential Articles Control (Temporary Powers) Act, .1961 and thr.
Korala Raw Cashewnut5 (Procurement and Distribution) Order, 1977, made
under that Act ;
AND WHEREAS raw cashewnut is an essential raw material for th~ cashew
industry w hicb is one of the most important traditional industrie1 in the
State ; \
AND wHEREAS the maintenance of supplies of raw cashewnuts is essential
for the continued employment of about one and a half lakhs .'workcn
employed in more than two hundred and fifty cashew factories in t~c State ;
ANn WHEREAS unemployment of the workers employed in the cashew
fhctories in the State will adversely affect the economy of the State;
AND WHEREAS the quantity of imported raw cashewnuts made .available
to the factories in the State as dwindled down considerably and consequen•
tly the quantity of imported raw cashewnut is not sufficient to give mort:
thnn seven days' work in an year to the workers in the cashew industry in
the State;
AND WHEREAs, in the circumstances, it is considered necessary to provide
that trade in taw cashewnuts within the State should be undertaken by tho
State to the exclusion of all others by the procurement and sale thereof n
fair prices ;
BE it enacted in the Thirty-second Year of the Republic of lndia as
follows:- ,
1. Short title, 1xtent and commencetntnt.-(I) This Act may be called
the Kcrala Raw Cashewnuts (Procurement and Distribution) Act, 1981.
(2) It extends to the whole of the State of Kctala.
(3) It shall be deemed to have come into force on the 2nd day of
February, 1981. ·
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0 Received the assent of the Governor on the 2nd day of April, 1981
and published in the Kerala Gazette Extraordinary No. 266 dated
2nd April, 1981.
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2. Dtjinit;.ons.-In tl1is Act, unless the context otherwise requires,-
( a) ''agent'' means the agent authorised under sub-section (1) of
section 3;
~ (b) '' competent au'hority" mems the Government or an officer {9i
authorised by the Governmert to grant permit'\;
(c) "co-op rative society"' mean a society registered or det>med to
be reghtered under t~e Kera'a Co-operative SocieliesAct, 1969 (21 of 1969); ~:
(d) "cultivator, means a pc .. rson who actually cultivates any land
with cashew or who 1s entitled to take the usufructs from any land cultivated
\\ilh ca hew;
(e) "notified price'\ in relation to raw cashewnuts, means the price
notified under sub-srction (2) of fection 5;
(f1 "occup er'' mea .. s an occupier as defined in the Factories Act,
1948 (Ut ntral Act 63 of 1948);
(g) "per on" includes a body corporate, a company, a firm, an
a&IC cia tion of indi \ iduals or a co-operative society;
(h) "permit' mean4) a permit referred to in section 15;
(i} 'tprescr ib~d" means pre~cribed by rules ma:Je under this Act;
(J) ''raw cashewnut" does 110t includr roasted cashewnut; ·
(k) "State" means the State of Kerala;
(J) "sub-agent'' means a co-operative society appointed by the
agent unrJer sect ion 9.
3 Restr,ct£on on sale arzd purchase of raw cafhewnu.ls. - (I) N.) person shaJJ
sell any raw cashewnut within the S1ate except to the agent of the Govern
ment authotised by them in thi, beh lf by not1fication in the Gazette or to
a sub-agent.
(2) No person other than a ro-operahve society shall be authoristd
as the agent under sub-secl1on ( 1).
(3) No person other than the agent or a sub- agent shall purchase any
raw ca~he~nut within the State.
4. Restriction on possesszon of raw casheUJnuts.-No person other than the
agent or a sub-agent shall have in his possess•on, at any time, raw cashew· 0
nuts i' excess of the quantity of fifty kilogrdms:
Provided that notl ing conta;ned in this sec~ ion shall apply to raw ()
cashewnuts sold to any cashe\\ factory under section 11 and kept 1n that
factory.
5 Price to h_e paid by agenJ and sub-agents.-(1) When raw cashewnuts
are tendered to the agt'nt or a sub·agcnt by or on behalf of a cultivator, the
agent or such sub-agent shall pay the price thereof at the rate notified for
the locality under sub-section (2).
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(2) For the purposes of sub·section (1), the Government shall, frorn
time to time, no1ify the prices of raw cashew\'nuts in the d1fferent localitlr·J
in the State, in such mann~r as they th1nk fit.
(S) The agent or a sub-agent shall not refuse to purchase any rnw
cashewnut tendered to him by or on behalf of a cultivator.
6. Agent to furnish returns.- The age1t ~hall furnish to the Govemmont
and t() any officer specified by the Government in thJs behalf by notdicatlon
in the Gazette, on sllch day or days as may be p escribcd, a return showinft
the place or places where raw ca~hewnutCJ have been stocked by him, 1 ho
quantity 1hereof and the price p dd by him thertfor.
7. Power ~f GoV~rnment to zssue inst,uctions to ag1nt and sub-agents.- The
Govcrnrncnt may, from time to time, give to the agent and tht: sub·agentl
~cneral inc;tructions ft.>r the purp'lse of efficiently car r)ing out their dutlca
nn" er this Act, and the agent and the sub-agents 1ball comply with such
• • 1 nstruct1ons.
8 Removal of agent.-If the agent cnntta .. enes any of the provisions of
this Act or does not comply with any instructton issued by tbe Government
under section 7, h1C\ agency shall, wu h.,ut prcjudict; to any penalty to which
he is liable under th1s Act, be liable to be terminated:
Provided that th~ agen y shall not he terminated without giving thn
agent an opportunity for makiug representations in wr1ting against such
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tcr•n•nat1on.
9. Appointment ofCo ... operativt Societies as sub-agents.-(I) The agent may.
hy order 1n wr1ting, app11nt anv co-operat JVC s )caery to &e a sub-agent fi)r
the purposes of this Act and define the local .\rea for which such appoint•
Jnent is made:
Provided that no such order shall be valid unles! it is approved by the
Government or an officer ~pecified by th~ Government in this behalf by noti
fication in the Gazette. •
(2) Every sub-agent appointed under sub-section (1) shall furnish to
the n~ent on such dates as may be specrfied by the agent in tlus brhalf n
return shnw1ng the place or places 'vherc: cashewnuts are stocked by him,
the quant.ty tr•ereof and the pnce paid by him therefor.
(3) If any ~ub .. agent contravenrs any of the provisions of this Act or
do-.-J not C'lmply with any instruction issuc·d bv the Government under
•eotion 7 or any instt uction issued to him by the agent, the Government or
the a~ent m1y, without prtjud tce to any penilty to which he is liable under
thta Act, termtnate h1s appo1nt111ent a) sub-agent:
Prnvided th 1t bef«)re terminating the appJintm'!nt of a sub-agent, he
sh tll he given \n op?ortnuity for_ making representation4 in writ1ng aga1nst
auch tcrminatJon.
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10. Prohibition of procetsing or cqnoersion and restrietion on saleJ elc·.-The
agent or a sub-agent shall not-
( a) process or Cflnvert; or ..
(b) s~ll, except in accordance with the provisions of section 11, or ~
otherwise dispose of ~)
any raw cashewnut purchased by him under this Act.
11. Sale of raw cashewnuts to cashew factortes.-( I) All raw cashewnuts
purchased by the agent and the sub-agents under this Act shall be sold to
the cashew factories in the State which are reJlistered in pursuance of the
rules made under the Factories Act. 1948 (Central Act 63 of 1948), and
which are eligible for imported nuts under the Import Trade Control Policy
for the time being in force of the Government of India, in accordance with
the provis1ons of sub-section (2) .
(2) The quantity of raw cashewnuts to be sold to each cashew factory
shall be determined on the basis of the muster roll strength of the workers
of the factory as on the lst day of January, 1976 or the licensed strength of
the workers ol the factory, whichever is lower and on the basis of the quan
tity of raw cashewnuts purcha~ed by the agent and the sub-agents from time
to time.
(3) An officer authorised by the Government in this behalf by noti
fication in the Gdzette shall, in accordance with the principle specified in
sub-section (2), by order, specify the quantity to be sold to each cashew
factory.
(4) An order under sub-section (3) shall be served on the agent and
the occupiers of the cashew factories specified in that order~
(5) The officer authorised under sub-section (3) shall give no~ice to
the occupier of every cashew factory specified in an order under that sub
section requiring t.im to take delivfry of the raw cashewnuts offered for sale
to that factory at the place specified in the notice within seven days of the
service of the notice.
(6) If any dispute arises in respect of any order under sub-section {3),
such dispute shall be referred to the Gov(rnment whose decision thereon
shall be final.
12. Duty of occupier to talre delivery of 'aw cashewnuts.-If the occupier of a
cashew facto• y fails to take de livery of the raw cashewnuts offered to be sold
to his factory at the place and before the dtte refeJrt:.d to in sub section (5)
of section II, such offer for sale shall stand cancelled.
13. Price to be paid hy occupiers.-(!) The price~ to be paid _by the
occupiers of cashew factor1es for the raw cashewnuts sold to them under
section 11 shaH be decided by the Government from time to time.
(2) In deciding the price under sub-section ll), the Government shall
take into consideration-
~ . (a) the grade and quality of the raw cashewnuts;
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(b) the notmtd price of raw cashownuts; nnd
(c) incidental expenses incurred by the Govemtnent, the agent nn(t
the sub-agents.
14. Processing of raw·tashewnuts to be done in the concernedfactory.-·Roastlur •
ahelling, peeling and grading of raw cac:hewnuts sold to a cashew factory
under section 11 shall be done only in that factory and at ~no other placn.
15. Restrzction on transport of raw cas/leu nuts .-No person shall tran!port
or attempt to transport or abet the transport of raw cashcwnut~ from nne
place to another place in the State except under nnd in accordance with R
permit issued in that behalf by the competent authority or ony other officer
authorised by the Government in this behalf:
Provided that nothing contained in this tection shall apply to the
movement of raw cashewnuts by a cultivator for sale thereof to the agent or
a aub-agent.
16. Application form and form of permit.-( I) An application for the grant
of a permit shall be in the prescribed form and shall be verified in tho
prescribed manner and 5hall be affixed with a court .. fce stamp of the valua
of two rupees. ·
(2) The permit shall be in such form as may be prescribed.
17. Pow~r to rifuse permit.- The competent authority may, if it is sa til•
fied that the grant of a permit will defeat any of the provisions of this Act.
refuse to grant the permit:
Provid~d that, before refusing to grant a permit, the applicant shall hn
siven an opportunity to state his case against such refusal.
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18. Cancellation of permit.- Where the competent authority is satisfied
that an applicant for a permit issued by it has furn:shcd tncorrect informn•
tion or that he has, after the issue of the permit, contravenrd any of tha
provisions of this Act or any of the terms and conditions of the permit. It
may, without prejudice to any other action ngainst the holder of the pern1it
under this Act, by order, cancel the permit:
Provided that no permit shall be caner lied without giving the holder
thereof an opportunity to state his case against such cancellation.
19. Powers of entry, seizure, etc.-( I) Any revenue officer of and above
the rank of Revenue Inspector, or any officer of the Sales Tax Department
not below the rank of Sales Tax Inspector, or any officer of the U'.)·operativa
Department not helow the rank of Junior Co-operative Inspector, or any
JUock Development Officer, or any orher officer authorised by the Govern
ment in this behalf, or any police officer not below the rank of Sub
lnspector 1 may, with a view to securing compliance with the provisions of
thlJ Act 01 to satisfying himsell that the said provisions have been complied
with,-
( a) enter and search auy premises;
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(b) inspect any books, accounts or other documents maintained iD
the course of business or any stock of raw cashewnuts in the
posse~sion or under the control of any person ;
(c) seize any such books, accounts or othtr documents which in his •
opinion would be useful for, or relevant to, any proceedings under
this Act;
(d) search any animalt vessel, vehicle or other conveyance or any
package, covering or receptacle which has been. or is being, used,
or is about to be used, for the contravention of this Act;
(e) seize any raw cashewnuts in respect of which he has rca~on to
believe that a contravention of this Act has been, is being,
or is about to be, commuted, and any packages, coverings, or
receptacles in whtcb such raw casbewnuts are found ;
(f) aeize any animal, vessel, veh1cle or other conveyance used in carry
ing such raw cashewnuts, if he has reasr)n to believe that such ,
animal, vessel, vch1cle or other conveyance is liable to be forfeited
under the provistons of this Act.
(2) The provisions of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974), relating to search and seizure shalJ, so far as may
be, apply to search and se1zure under thas ~ection.
20. G~Dnjiscation of raw taJhewnuts.-(1) Wh~re raw cashewnuts arc seized
under section 19, a report of such se17.ure sha11, without un' ca~onabJc delay,
be tnade t•J the Revenue D1visional Officer ha.ving jurisdtctio'l over the area
in whi(·h such raw cashewnuts are seiztd, and, whether or not a prosecution
is instituted for the contravent1on of this Act in r~spect of such raw cashew ..
nutst the Revenue DIVJsioual Officer rr ay, tf he thtnks it expedient so to do,
direct the raw cashewnuts so seized to be produced for inspection before
him, and if he is satisfied that there has been a contravention oi this Act,
may order confiscation of-
(a) the raw cashewnuts so seized ;
(b) any package, covering or receptacle in which such raw cashewnuts
are found; and
(cJ any animal, vehicle, vessel or other conveyance used in carryin~
such raw cashewnuts : I
Provided that, in the case of any animal, vcssc], vehicle or other convey·
ance used for the carriage of goods or passcngets for htre, the owner of such
animal, ves!cl, vehicle or other c JDve;ance shall be given an option to pay,
in lieu of its confis .. ation, a fine not less than one-half of the value ot such
animal, vessel, vehicle or other conveyance as determin~d by the Revenue
Divisional Officer.
(2) Wltcre the Revenue Divi~ional Officer, on receiving a rrport of
seizure of any fd.W cashewnuts under subsectoin ( 1), is of the opinion that
the raw cn,hewnuts are subject to spee,dy and natural decay or it is other
wise expedient in the public 1nterest so to do, he may order the same to be
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Auld to the agent or the sub-agent appointed for the area in which the r ''V
casltewnuts were seized, at the h1ghcst price notified under subsection (2) or
section 5.
{3) Whc1 c any r~w casl1ewnuts are sold under subsection (~), tlu:
sale proceeds thct cof, after deduction of th(: cxpensf~S of such sale or othc1·
incidental expenses relating thereto, shall-
(a) where no order of confiscation 1s ultimately pass{·d by t hn
Revenue Divisional Officer; or
(b) \Vhe1 c nn order passed on appeal undrt' sub 1ection ( 1) of section
22 so rcqu1res; or
(c) where in a prosecut1on instituted for the contravention ofthi!l
Act in respect of which an order of conn ~cation has he en mac to
under this section, the per~on concerned, is acquitted, .
he paid to the owner thereof or the perc;on from whom they arc seized.
;ll . ]fsue of show-cause notzce before confiscation. - ( J) No order confi~catin~~
any raw cashe\\nuts, package, coverjng, receptdcJc, anin1a1, vcc;scl, vchrelu
or other couvcyancc shall be cnade under sc<:tion 20 unless the O\\'ncr of such
r,\\V Cishcwnuts, package, co-.,cri· g, rcccpt .. lclc, ani rna], vrs~c], "ehicle ot
. oth~r conveyance or the person fron1 whom the sanu: i~ sci7ed-
(a) is given a notice in \Vnt\ng informing hint of the grounds ou
which it is ptoposed to contiscate thf· rav/ eashcwnuts, packagr.
LOVeltng, receptacle, anirnaJ, vessel, vch1cle or other convc}ance;
(L) is given an opportunity of making a rr·pt·escnta.tion 1.1 \vriti11g
Within such 1 easonable t imc as Jnay be specified in 1 he notice
against the grounds of confiscation; and
(c) 1s gtvcn a reasonable opportunity of bcin~{ hc,lrd in the n1attcr.
(2) \t\'1thout prejudice to the provisions of suhsr·ction ( 1 ), no order
confiscating any anunal, vessel, vehtclc or other convcy,l.nce shall be tnadc~
under section 20, if the 0'1\ncr of the animal, ve~scJ, Vc'hiclc or o1hcr convc·
ynucc proves to the satisfaction of the Rcvcnur DivJ~lona) Officct that 1t \Ya~
u&~d ht carry1ng the 1 aw cashe\-vnuts without the knowlcdg~ or counivanc1:
nf the ownct lumsclf, his agent, If any, and the pt!J son tn chargt: of tho
nuimal, vessel, vehicle or other con~eyancc aHd tbd t ec1.ch of them had taken
all tea~onable and necessary precautions against such use
(3) No order confiscating any raw Cd<ihcwnutR, package, covering,
receptacle, an.imal, vessel, vehicle or other conveyance shall be Jnvalitl
lllc•·cly hy reason of any defect or it regularity in the notice given under
clause (a) of subsection ( 1), if, 1n gtving ~uch notice, the provisiOHi ot that
clause have been substantially compltcd with.
22. Appeal.-( 1) Any person agg1 1cved by an ordct of confiscation
under s<·ction 20 m('Y' within one 1nonth from the date of the co•nmunicatiou
to hiln of such order, a ppcal to the D1st rtct J ndgc hnving juri~oJd1Ct1on over
the area in which the raw cashewnuts to which such order relates were
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s<'i?ed, and the J)istrict Judge shall, af1cr giving nn opporttntity 1o thr.
appellant to be heard, pass such order ac; he may think fit, confirming, tnndl·
fying or annulling the ordtr (l ppealed against.
(2) Where an order under section 20 is modified or annulled by 1 hr.
f)istJ"ict Judge, or where in a prosecution instituted for the contravention of
this Act in respect of \-vhich an order of confiscation has been tnndo
under section 20, the person concerned is acquitted, and in either case it i~
uot possible for any reason to return the raw cashrwnuts seized, such person
shn11, except as provided by subsection (3) of section 20, be paid the pricn
thcrrfor as if the raw cashcwnuts had been sold to the Government with ren•
!onablc interest calculated from the day of the seizure of the raw cashewnu1 s,
nnd such price shall be determined in accordance with the provisions of
section 5.
23. Award of confiscation not to interfere wtth other punishment.-The award
or nny confiscation undet" this Act by the Revc:nue Divic;ional Officer
shaH not prevent the infliction of any punislHnent to which the pet <;on a fleeted
thereby is liable under th1s Act.
24. Bar ofjurisdtction tn ce1tazn cases -\Vhcnever any raw cac;hewnut~
nre ~eizcd under sect1on 19, the Revenue Divisional OfHrer or, as the case
tnny be, the Di<itrict Judge shall have, and notwithstanding anything to the~
contr,uy contained in any other law for the timP being in force, any othe1·
cou1 t, tribunal or authority shall not have, jurisdiction to tnakc ord~rs with
J cgard to the possession, delivery, disposal or distribution of such raw
cnshc,vnuts. I
25. Petzalties.-( I) If any person contravenes any provision of thiq
Act,- •
(a) he shall be punishable with imprisonment fnr a term \Yhich n1ay
extend to one year and shall also be Jiablc to fine which 1nay
extend to one thousand rupees,
!b) any property in respect of which c;uch provision htts been contra·
vcned shaH be forfeited to the Government;
(c) any package, covering or receptacle in which raw cashewnuts
are found and any anamal, vessel, vehicJe or other conveyance
used in carrying the raw cashewnuts shall, if the court so orders,
be forfeJted to the Government.
(2) If any person convicted of an offence under subsection ( 1 ), is again
conv1ctcd of an offence under that subsection, he shall be punishable with
imp• 1sonment for the second and for every subsequent offence fo1" a term
which ahall not be less than one month but whtch may extend to one year
nnd shall a1so be liable to fine which may extend tv one thousand rupees·
Provided that the court may, for any adequnte and special reasons to be
Jn,~ntion~(\ in the judgement, impose a sentence of unprisonment for a trrm
of less than one month. ~
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26. Attempts and abetment.-Any person who attempts to contravene, or
abets a contravcnt1on of, any prov1sion of this Act shall be deemed tu hn.ve
contravened that provision.
27. lfalse slaletn6nt -If any pPrson,-
(i) when required by any of the provisions of this Act or any
rule made thereunder to make any statement or furnish c.uLy
Jnformation, makes any statement or furnishes any inforu1ation
which is false in any material particular and which he knows •)r
has reasonable cau~e to believe to be fal5e, or does not helivc to
be true, or
(ii) makes any such statement as aforesa1d in any book, account,
record, declaration, return or other document which he is
required by any of the pro,..isions of this Act or any rule
made thereunder to maintain or furnish,
he shall be punishable with itnprisonment for a term which 1nay extend to
three months, or with fine, or wtth both.
2U Off~nces by con1panzes.-( l} If the person contravening any of tht~
provisions of this Act Is a cornpany, every person who, at the tune the
contravention was committed, was in charge of, and was responsible to, the
compd.ny for the conduct of the business of the company, as well ,\~ the
company shall be dcc1ned to be guilty of the contravention and shall be
liable to be proceeded against and puntshed accordingly:
Provided that nothing contained in this subsect1on shaH render any
such person liable to any punishmt!nt if he proves that the contravention took
pldce without hts knowledge or.that he exercised all due diligence to prevent
such contravention.
(2) Notwithstanding anything contained in subsection (1), whetc an
offence under thi~ Act has been co1nmitted by a company and it is proved
that the offence has been committed with the consent or conuiv.tnce
of, or is attributable to any neglect on the part of, any director, m,lnagcr,
secretary or other ofllccr of the company, such director, manager, secretc1ry
or other officer shall also be dre med to be guilty of that offence and shaJI ue
liable to be proceeded aga1nst and punished accordingly.
}!,xplanatlon.-For the purposes of this section,-
(a) 'company' means any body corporate, and includes a filJU or
other association of individuals; and
(b) 'director', jn relation to a firm., means a partner in the fir1n.
29. Offeuces to be cognzzahle.-Notwithstand1ng anything contained in the
Code of Cr1minal Procedure, 1973 (Central Act 2 of 1974), every offence
punishable under this Act shall be cognizable.
30. Cognizance of offences.-No court shall take cognizance of any oltcnce
punishable under this Act except on a report in wr1ting of the £:Lets
,:on~tilutin~ such offence made by an officer authorised in thi~ behc1lf l,y the
Govcrnn1cnt by notific .. l.tion in the Gazette.
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31. Grant of ul)U1lction, etc., by civil courts.-No civil court shall grant a11
injunction or make any order for any other relief again~t the] Government or
the agent or a suu-agr-11t or any officer specified or authorised under tht~
Act, in respect of any act done or purporting to be done by the Govern•
mcnt or the agent or the sub-agent or such officer under this Act or
any rule made thereunder, until after·noticr-·or~the application for such iujunc
tion or other relief has been given to the Government or the agent or th<~ ·
sub .. agent or such officer, as the case may be.
32. Protectzon nf ttctzon taken under Act.-( 1) No suit, prosecution or
othel' legal proceeding shall lie against any person for anything which is iu
good faith done or intended to be done in pursuance of any provision of this
Act or any rule made thereunder.
(2) No suit or other legal proceeding shall he against the Govcrrnncnt
for any damage caused or likely to be caused by anything which is in ~ood
faith dune or intended to be done 1n pur~uance of any provision ot thiJt
Act or any rule made thereunder.
33. exemptzon.-Nothing contained in this Act shaJI app[y in respect of
impotted raw cashewnuts allotted by the Cashew Corporatien of f1ulia
to rashew lactorics under the Import Trade Control Policy for the tirno
being in force of the C~overnmcnt of India.
34. Polver to make Tules.-( 1) rfhe Government may, by notification in
the Gazette, make 1 ulcs for the purpose of carrying into effect the provision~
of this Act.
(2) FJvcty rule 1nade under this Act shall be laid, as soon ,\S anny
be after it is m~de, before the Legislative Assembly while it is in srssion foJ'
~ .. period of fourteelt days wh1ch may be comprised in one session or in two
successive sessions and if before the expiry of the session in ·yVhich it is so 1,\id
or the session immcdi,Ltely following, the Legislative Assembly makes any
modification in the rnle or decides that the rules should not be tnadc, the rula
shall thertafter have efTect only in such modified form or be of no cJrect, as
the case may be; so ho\vever that any such modificati )l\ or annulment shall
be without pleJudicc to the validity of anything pteviously done uuucr
that 1 u lc.
35. J?epeal and savillR·-( 1) The Kerala Raw Cashewnuts (Procure·
mcnt and J)istribution) Ordin.lncc, 1981 (I of 1981), is hereby repealed.
(2) N'otwithsta11ding such repeal, anything done or any action t \ken
under the said Ordju,•ncc shall be deemed to have been done or lakcu
under this Act..
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