LexThe KERALA CASHEW FACTORIES (ACQUISITION) ACT, 1974
Kerala · state statute
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THE KERALA CASHEW FACTORIES (ACQUISITION) ACT, 1974
(Act 29 of 1974)
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Order of acquisition
3A. Power to acquire any cashew factory in public interest.
3B. Acquisition of Cashew Factories, which are in the possession of the Kerala State Cashew
Development corporation (KSCDC) either under a lease existing or expired or under
requisition current or expired.
4. General effect of vesting under section 3.
5. Inventory of properties.
6. Property and assets not to be damaged or removed after service of notice.
6A. Acquisition of factories specified in Schedule III.
7. Duty to deliver possession of property acquired and documents relating thereto.
8. Power of Government to direct vesting of cashew factory in the Corporation.
9. Payment of amount.
10. Employment of certain employees to continue.
10A. Continuance of Employees where cashew factory is entrusted to the Federation or to a
workers' co-operative society or to an institution for management.
11. Provident fund.
12. Superannuation, welfare and other funds.
13. Penalties.
14. Offences by companies.
15. Protection of action taken in good faith.
16. Power to make rules.
17. Repeal and saving.
SCHEDULE I
SCHEDULE II
SCHEDULE III
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ACT 29 OF 1974
THE KERALA CASHEW FACTORIES (ACQUISITION) ACT, 1974
An Act to provide for the acquisition, in the public interest, of certain cashew factories.
Preamble.—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 sub-
section (1) of section 3 1[or under sub-section (1) of section 3A] 2[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);
3[(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.
4[(h) "workers’ co-operative society" or “society" means a co-operative society
1 Added by Act 14 of 1995 (w.e.f. 01-05-1984).
2 Added by Act 14 of 2010 (w.e.f. 01-08-2009).
3 Inserted by Act 25 of 1985 (w.e.f. 28-2-1984).
4 Inserted by Act 25 of 1985 (w.e.f. 28-2-1984).
3
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.]
3. Order of acquisition.—(1) The Government may, if they are satisfied—
(a) that the occupier of a cashew factory does not conform to the provisions of
law relating to safety, conditions of service or fixation and payment of wages to the workers
of the factory; or
(b) that raw cashewnuts allotted to a cashew factory by the Cashew
Corporation of India are not being processed in the factory to which allotment has been made
or that such nuts are being transferred to any other cashew factory; or
5[(c) that there has been large scale unemployment other than by way of lay off
or retrenchment of the workers of a cashew factory; or
(d) that the cashew factories possessed by the Kerala State Cashew
Development Corporation either under a lease existing or expired or under requisition current
or expired and returned to their owners pursuant to any judgment, order or decree of any
court, tribunal or other authority or on the expiry of any contract or agreement, the
employees/workers therein may be rendered unemployed,
by order published in the Gazette, declare that those cashew factories shall
stand transferred to, and vest in, the Government:]
Provided that before making a declaration under this sub-section in respect of a
cashew factory, the Government shall give the occupier of the factory and the owner of the
factory, where he is not the occupier, a notice of their intention to take action under this sub-
section and the grounds therefor and consider the objections that may be preferred in
pursuance of such notice.
Explanation.—For the purposes of this sub-section, the expressions "lay off" and
"retrenchment" shall have the meanings respectively assigned to them in the Industrial
Disputes Act, 1947 (Central Act 14 of 1947).
(2) The notice referred to in the provisio to sub-section (1) shall also be published
in two newspapers published in the State of Kerala, and such publication shall be deemed to
be sufficient notice to the occupier, to the owner where he is not the occupier and to all other
persons interested in the cashew factory.
(3) On the making of a declaration under sub-section (1), the cashew factory to
which the declaration relates, together with all machinery, other accessories and other
movable properties as where immediately before the appointed day in the ownership,
possession, power or control of the occupier in relation to the factory and all books of
accounts, registers and other documents relating thereto shall stand transferred to, and vest in,
the Government.
5 Inserted by Act 14 of 2010 (w.e.f. 01-08-2009).
4
6[3A. Power to acquire any cashew factory in public interest .—(1) Notwithstanding
anything contained in section 3, if the Government are satisfied, in relation to a cashew
factory, that it has been closed for a period of not less than three months 7[prior to the date of
coming into force of this Act or any day thereafter] and such closure has prejudicially
affected the interest of the majority of the workers engaged in that factory and that immediate
action is necessary to restart the cashew factory and such restarting is necessary in the public
interest, they may, by order published in the Gazette, declare, that the cashew factory shall
stand transferred to, and vest in, the Government:
Provided that no order under this sub-section shall be published unless the proposal
for such acquisition is supported by a resolution of the Legislative Assembly 8[which shall be
passed within a period of six months from the date of publication of the order under sub-
section (1) of this section].
9[Explanation.— The vesting in pursuance of the order mentioned in sub-section (1)
shall take effect on the date of publication of such order.]
(2) The provisions of sub-section (3) of section 3 and section 4 shall, as far as
may be, apply to a declaration made under sub-section (1), as they apply to a declaration
made under sub-section (1) of section 3.
(3) The provisions of sections 7 to 16 (both inclusive) shall, as far as may be
apply to, or in relation to, the cashew factory, in respect of which a declaration has been made
under sub-section (1), its occupier or Government, as the case may be, as they apply to a
cashew factory in relation to which a declaration has been made under sub-section (1) of
section 3.]
10[3B. Acquisition of Cashew Factories, which are in the possession of the Kerala
State Cashew Development Corporation (KSCDC) either under a lease existing or expired or
under requisition current or expired.—Notwithstanding anything contained in section 3 or in
any judgment, decree or order of any court, tribunal or other authority and notwithstanding
anything contained in any other law, agreement or other instrument for the time being in
force, if the Government are of opinion that the cashew factories specified in schedule II of
this Act now in the possession of Kerala State Cashew Development Corporation either under
a lease existing or expired or under requisition current or expired, if returned to their
respective owners, they may not provide employment to the entire/any of the
employees/workers and such employees/workers may be rendered unemployed and in order
to continue to provide employment to such employees/workers the government, may in
public interest by order published in the Gazette, declare that those factories shall stand
transferred to, and vest in, the government .]
4. General effect to vesting under section 3 .—All property vesting in the Government
under section 3 shall, by force of such vesting, be freed and discharged from any trusts,
obligations, mortgages, charges, lien and other encumbrances affecting it, and any
attachment, injunction or any decree or order of court restricting the use of such property in
any manner shall be deemed to have been withdrawn.
6 Inserted by Act 14 of 1995 (w.e.f. 01-05-1984).
7 Added by Act 13 of 2015 (w.e.f. 01-05-1984).
8 Added by Act 13 of 2015 (w.e.f. 01-05-1984).
9 Inserted by Act 13 of 2015 (w.e.f. 01-05-1984).
10 Inserted by Act 14 of 2010 (w.e.f. 01-08-2009).
5
5. Inventory of properties.—(1) An officer authorised by the Government in this
behalf shall, after the service of the notice under the proviso to sub-section (1) of section 311[or the publication of that notice under sub-section (2) of that section or after a resolution is
passed by the Legislative Assembly under sub-section (1) of section 3A, as the case may be]
and before the publication of the declaration under the said sub-section (1), prepare a
complete inventory of all the properties of the cashew factory to which the notice relates, as
on the date of service of the said notice or the date of publication of that notice, as the case
may be.
(2) The officer referred to in sub-section (1) shall, for the purpose of preparing
the inventory, have the power to enter the premises of the cashew factory and to require the
occupier or any person employed therein to furnish such information as he deems necessary.
(3) Any person who is required to furnish any information under sub-section (2)
shall be bound to furnish such information as is within his knowledge.
12[(4) In the case of the Cashew Factories which are originally leased or
requisitioned and now in the possession of Kerala State Cashew Development Corporation,
the inventory prepared originally shall be the inventory for all purposes.]
6. Property and assets not to be damaged or removed after service of notice .—After
the service of the notice under the proviso to sub-section (1) of section 3, 13[or the publication
of that notice under sub-section (2) of that section or after a resolution is passed by the
Legislative Assembly under sub-section (1) of section 3A, as the case may be,] the occupier
or any other person shall not commit any act which will diminish the value of the properties
and asset of the cashew factory to which the notice relates or remove any such property or
assets from the premises of the factory.
14[6A. Acquisition of factories specified in Schedule III.—(1) Notwithstanding
anything contained in any judgment, decree or order of any court, tribunal or other authority
and notwithstanding anything contained in any other law, agreement or other instrument for
the time being in force, it is hereby declared that it is expedient in public interest that the
cashew factories specified in Schedule III of this Act shall, stand transferred to, and vest in;
the Government with effect from the date noted against each:
Provided that such transfer shall be supported by a resolution of the Legislative
Assembly which shall be passed within a period of six months from the date of publication of
the Kerala Cashew Factories (Acquisition) Amendment Act, 2015 in the Gazette.
(2) The provisions of section 4, sections 7 to 16 (both inclusive) of the Act shall,
as far as may be, apply to, or in relation to, the cashew factory in relation to which a
declaration has been made under sub-section (1) of section 3A.
(3) For the removal of doubt it is hereby decared that the dates mentioned in the
Schedule against each factory shall be the 'appointed day' in respect of that factory for the
11 Substituted by Act 14 of 1995 (w.e.f. 01-05-1984).
12 Inserted by Act 14 of 2010 (w.e.f. 01-08-2009).
13 Substituted by Act 14 of 1995 (w.e.f. 01-05-1984).
14 Inserted by Act 13 of 2015 (w.e.f. 01-05-1984).
6
purposes of the Act.
(4) All acts, proceedings or things done or taken by the govenment or any officer
or authority in respect of cashew factories mentioned in the Schedule III including all the
orders issued under sub-section (1) of section 8 during the periods commencing on and from
the dates noted against each and ending with the date of publication of the Kerala Cashew
Factories (Acquisition) Amendment Act, 2015 in the Gazette, shall, for all purposes be and
shall be deemed always to have been as valid and effective as if the amendments made to the
Act by the said amendment Act had been in force at all material times.]
7. Duty to deliver possession of property acquired and documents relating thereto .—
(1) Where any property has vested in the Government under this Act, every person in whose
possession or custody or under whose control the property may be, shall deliver the property
to the Government forthwith.
(2) The Government may take or cause to be taken all necessary steps for
securing possession of the properties which have vested in the Government under this Act
and, for this purpose, the Government may use such force as they deem necessary.
8. Power of Government to direct vesting of cashew factory in the Corporation .—15[(1) Notwithstanding anything contained in section 3, the Government may, by order in
writing:—
(a) direct that a cashew factory vested in them under this Act shall, instead of
continuing to vest in the Government, vest in the Corporation with effect from such date (not
being a date earlier than the appointed day) as may be specified in the order; or
(b) entrust a cashew factory vested in them under this Act to the Federation or
to a workers co-operative society or to any other institution approved by the Government in
this behalf for management for such period and on such terms and conditions as may be
specified in the order.]
(2) Where an order vesting a cashew factory in the Corporation is made under
sub-section (1), all the rights, liabilities and obligations of the Government in relation to such
factory shall, on and from the date of such vesting, be deemed to have become the rights,
liabilities and obligations respectively of the Corporation.
9. Payment of amount .—(1) The occupier of every cashew factory which is acquired
under this Act shall be paid by the Government an amount which shall be determined in
accordance with the principles specified in the Schedule:
Provided that where the occupier is not, the owner of the cashew factory, such owner
shall be entitled to such portion of the amount as may be determined by the District Court
under sub-section (5).
(2) The amount payable under sub-section (1) shall be determined by the District
Collector within a period of three months from the appointed day.
(3) Where there is dispute as to the amount determined by the District Collector,
or where there are more persons than one claiming to be entitled to the amount, the District
15 Substituted by 25 of 1985 (w.e.f. 28-02-1984).
7
Collector shall refer the matter for the determination of the District Court within whose
jurisdiction the cashew factory is situate.
(4) A reference under sub-section (3) shall be in such form, shall contain such
particulars and shall be accompanied by such documents, as may be prescribed.
(5) On receipt of a reference under sub-section (3), the District Court shall, after
such inquiry as it deems necessary, pass an order determining the amount payable under sub-
section (1) or apportioning the amount among the persons entitled thereto.
(6) Every secured debt due from the owner or occupier of a cashew factory vested
in the Government or the Corporation under this Act shall have priority over all other debts
and shall be paid in accordance with the rights and interests of the secured creditors.
(7) The amount determined in accordance with the foregoing provisions shall be
paid to the person or persons entitled thereto in cash within a period of six months from the
date of such determination:
Provided that if the amount is not paid within the period aforesaid, the
Government shall pay interest on the amount at the rate of four per cent per annum from the
date of expiry of the said period.
16[(8) Notwithstanding anything contained in any other law for the time being in
force or any judgment, order or decree passed by any court, tribunal or authority, where the
occupier or owner of a cashew factory has accepted the amount determined in accordance
with the provisions herein contained, the cashew factory shall be deemed to have been
conveyed to the Government by means of execution of a conveyance as defined in section 54
of the Transfer of Property Act, 1882 (Central Act 4 of 1882) and accordingly the right, title
and interest of the occupier or owner shall stand extinguished upon the date of recipt of the
compensation.
(9) If the conveyance refferred to in sub-section (8) has taken place, the
Government shall not be obliged to give possession, right and title of the factory back to the
owners/occupiers.]
10. Employment of certain employees to continue.—(1) Every person who is a
workman within the meaning of the Industrial Disputes Act, 1947 (Central Act 14 of 1947),
and has been, immediately before the appointed day, in the employment of a cashew factory
vested under this Act in the Government or the Corporation, as the case may be, shall
become, on and from the appointed day, an employee of the Government, or, as the case may
be, of the Corporation and shall hold office or service in the cashew factory on the same
terms and conditions and with the same rights to pension, gratuity and other matters as would
have been admissible to him if such cashew factory had not been trasferred to, and vested in,
the Government or the Corporation, as the case may be, and continue to do so unless and
until his employment in such cashew factory is duly terminated or until his remuneration,
terms and conditions of employment are duly altered, by the Government or the Corporation,
as the case may be.
(2) The Government or the Corporation, as the case may be, in which a cashew
16 Inserted by Act 13 of 2015 (w.e.f. 01-05-1984).
8
factory has vested under this Act, may employ, on mutually acceptable terms and conditions,
any person who is not a workman within the meaning of the Industrial Disputes Act, 1947
(Central Act 14 of 1947) and who has been, immediately before the appointed day, in the
employment of such cashew factory, and on such employment the said person shall become
an employee of the Government or the Corporation, as the case may be.
(3) Save as otherwise provided in sub-sections (1) and (2), the services of every
person who is, on the appointed day, an employee of a cashew factory vested in the
Government or the Corporation under this Act shall stand terminated on and from such date
as may be specified by the Government.
(4) Where, under the terms of any contract of service or otherwise any person
whose service becomes terminated or whose service becomes transferred to the Government
or the Corporation by reason of the provisions of this Act, is entitled to any payment by way
of gratuity or retirement benefits or for any leave not availed of, or any other benefits, such
person may enforce his claim against the occupier of the cashew factory but not against the
Government or the Corporation.
17[10A. Continuance of Employees where cashew factory is entrusted to the
Federation or to a workers' co-operative society or to an institution for management .—(1)
Where a cashew factory vested under this Act in the Government has been entrusted to the
Federation or to any other institution approved by the Government in this behalf under sub-
section (1) of section 8 for management, every person who is a workman within the meaning
of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), and has been immediately
before the appointed day in the employment of the cashew factory, shall become, on and
from the date on which the cashew factory, is so entrusted for management, an employee of
the Federation or, as the case may be, of the institution and shall hold office or service in the
cashew factory on the same terms and conditions and with the same rights as to pension,
gratuity and other matters as would have been admissible to him if such cashew factory had
not been transferred to, and vested in, the Government and continue to do so unless and until
his employment in such cashew factory is duly terminated or until his remuneration, terms
and conditions of employment are duly altered, by the Federation or the institution, as the
case may be.
(2) Notwithstanding anything contained in section 10 or in any other law for the
time being in force, where a cashew factory vested under this Act in the Government has
been entrusted to a workers ' co-operative society under sub-section (1) of section 8 for
management, only such of those persons who are workmen within the meaning of the
Industrial Disputes Act, 1947 (Central Act 14 of 1947), and have been, immediately before
the appointed day, in the employment of the cashew factory and who become members of the
worker's co-operative society to which the management has been so entrusted shall be
eligible for employment in the cashew factory.
(3) Every person who is eligible for employment under sub-section (2) in a
cashew factory vested under this Act in the Government and is entrusted to a workers' co-
operative society for management, shall become, on and from the date on which the cashew
factory is so entrusted to the society for management or the date on which he becomes a
member of such society, whichever is later, an employee of the society and shall, hold office
or service in the cashew factory on such remuneration, terms and conditions of employment
17 Inserted by Act 25 of 1985 (w.e.f. 28-02-1984).
9
as may be determined by the society.
(4) The federation or a workers' co-operative society or any institution to which
the management of a cashew factory vested under this Act in the Government is entrusted
under sub-section (1) of section 8, may employ on mutually acceptable terms and conditions
any person who is not a workman within the meaning of the Industrial Disputes Act, 1947
(Central Act 14 of 1947) and who has been, immediately before the appointed day, in the
employment of such cashew factory and on such employment the said person shall become
an employee of the Federation or the society or the institution, as the case may be.
(5) Where the management of a cashew factory vested under this Act in the
Government is entrusted to the Federation or to a workers' co-operative society or to any
other institution for management under sub-section (1) of section 8, any person whose service
becomes terminated or who becomes an employee of the Federation or the society or the
institution by reason of the provisions of this section, is entitled to any payment by way of
gratuity or retirement benefits or for any leave not availed of, or any other benefits, prior to
the appointed day, such person may enforce his claim against the occupier of the cashew
factory immediately before the appointed day but not against the Government or the
Federation or the society or the institution.
(6) Notwithstanding anything contained in the Industrial Disputes Act, 1947
(Central Act 14 of 1947), or in any other law for the time being in force, any person whose
service becomes terminated of whose terms and conditions of employment have been altered
in pursuance of the provisions of this section, shall not be entitled to any compensation under
this Act or under any other law for the time being in force and no such claim shall be
entertained by any court, tribunal or other authority.]
11. Provident fund.—(1) Where a cashew factory has established a provident fund for
the benefit of its employees, the moneys relatable to the employees, who services have
become transferred, by or under this Act, 18[to the Government or the Corporation or the
Federation or a workers' co-operative society or an institution, shall, out of the moneys
standing, on the appointed day, to the credit of such provident fund, stand transferred to, and
vest in, the Government or the Corporation or the Federation or the workers' co-operative
society or the institution, as the case may be.]
19[(2) The moneys which stand transferred, under sub-section (1), to the
Government or the Corporation or the Federation or a workers' co-operative society or an
institution shall be dealt with by the Government or the Corporation or the Federation or the
workers' co-operative society or the institution, as the case may be, in such manner as may be
prescribed.]
12. Superannuation, welfare and other funds .—Where a superannuation, welfare or
other fund has been established for the benefit of the employees whose services stand
transferred to the Government or the Corporation 20[or the Federation or a worker’s
cooperative society or an institution] under this Act, the cashew factory, by which such
employees were employed, shall distribute the amount due to each employee as if the
employee had superannuated, or his services with the cashew factory had terminated, on the
18 Substituted by Act 25 of 1985 (w.e.f. 28-02-1984).
19 Substituted by Act 25 of 1985 (w.e.f. 28-02-1984).
20 Inserted by Act 25 of 1985 (w.e.f. 28-02-1984).
10
day immediately preceding such date as may be specified by the Government in this behalf.
13 . Penalties.—(1) Any person who—
(a) fails to furnish any information which he is bound to furnish under sub-
section (3) of section 5 or furnishes any such information which he knows or has reason to
believe to be false; or
(b) contravenes the provisions of section 6; or
(c) having in his possession, custody or control any property forming part of a
cashew factory in respect of which a declaration under section 3 has been made, wrongfully
withholds such property from the Government; or
(d) wrongfully obtains possession of any property forming part of a cashew
factory which has vested in the Government under this Act, shall be punishable with
imprisonment for a term which may extend to one year, or with fine, or with both:
Provided that the court trying any offence under clause (c) or clause (d) may, at the
time of convicting the accused person, order him to deliver up within a time to be fixed by
the court any property wrongfully withheld or obtained.
(2) No court shall take cognizance of an offence punishable under this section
except with the previous sanction of the Government or an officer authorised by the
Government in this behalf.
14. Offences by companies.—(1) Where an offence under this Act has been committed
by a company, every person who at the time the offence was committed was in charge of, and
was responsible to, the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any offence
under this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or other
association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
11
15. Protection of action taken in good faith .—(1) No suit, prosecution or other legal
proceeding shall lie against 21[the Government or the Corporation or the Federation or a
workers’ co-operative society or an institution] or any officer or other employee of 22[the
Government or the Corporation or the Federation or a workers’ co-operative society or an
institution] for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against 23[the Government or the
Corporation or the Federation or a workers’ co-operative society or an institution] any officer
or other employee of 24[the Government or the Corporation the Federation or a workers’ co-
operative society or an institution] for any damage caused or likely to be caused by anything
which is in good faith done or intended to be done under this Act.
16. Power to make rules .—(1) The Government may, by notification in the Gazette,
make rules to carry out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is
made, before the Legislative Assembly while it is in session for a total period of fourteen
days which may be comprised in one session or in two successive sessions and if, before the
expiry of the session in which it is so laid or the session immediately following, the
Legislative Assembly makes any modification in the rule or decides that the rule should not
be made, the rule shall thereafter have effect only in such modified from or be of no effect, as
the case may be, so however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
17. Repeal and saving .—(1) The Kerala Cashew Factories (Acquisition) Ordinance,
1974 (8 of 1974), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act as if this Act had
commenced on the 28th day of June, 1974.
25[SCHEDULE I]
(See section 9)
Principles for determining amount payable for acquisition of cashew factories
Paragraph I
The amount to be paid by the Government for the acquisition of a cashew factory
shall be the sum total of the value of the properties and assets of the factory existing on the
appointed day, calculated in accordance with the provisions of Paragraph II.
Paragraph II
(a) (i) In respect of any land which was part of the factory at the time of
establishment of the factory, the value of such land at the time of establishment of the
21 Substituted by Act 25 of 1985 (w.e.f. 28-02-1984).
22 Substituted by Act 25 of 1985 (w.e.f. 28-02-1984).
23 Substituted by Act 25 of 1985 (w.e.f. 28-02-1984).
24 Substituted by Act 25 of 1985 (w.e.f. 28-02-1984).
25 Numbered by Act 14 of 2010 (w.e.f. 01.08.2009).
12
factory;
(ii) In respect of any land acquired by the owner or occupier for the purposes
of the factory subsequent to the establishment of the factory, the value of such land at the
time of such acquisition;
(b) The cost of any buildings at the time of construction minus depreciation at the
rate of 5 per cent per annum subject to a maximum of 50 per cent depreciation;
(c) The actual cost of acquiring any plant, machinery or other equipment which
has not been worked or used and the written down value (determined in accordance with the
provisions of the Income Tax Act, 1961) of any other plant, machinery or other equipment,
provided that such written down value shall not be be less than 25 per cent of the actual cost
of acquiring such plant, machinery or other equipment.
26[SCHEDULE II]
(See section 3B)
SI.
No
Reg. No.
of the
cashew factory
Name, description
and details of
cashew factories
Name and address of the owner
(1) (2) (3) (4)
1 Reg. No. AP. 10 Fy. No. 4, Krishnapuram,
Kayamkulam, located at
Krishnapuram Village,
Karthikapally Taluk,
Alleppey Dist., taken over
on lease on 1-3-1971
Shri S. Ramachandra Naik,
23-2002 Kadri Temple
Road,Mangalore.
2 Reg. No. KU. 2 Fy. No. 5, Mynagappally,
Karunagappally, located at
Mynagappally Village,
Karunagappally Taluk,
Kollam Dist., taken over
on lease on 15-3-1971
Smt. K. Devayani Amma,
Jupitor Cashew Co.,
Kochupilammoodu,
Kollam.
3 Reg. No. KT. 72 Fy. No. 7, Nooranadu,
Kayamkulam, located at
Nooranadu Palamel Village,
Mavelikkara Taluk,
Alleppey Dist., taken over
on lease on 11-5-1971
T.G Walter,
Mammikunnu Bunglow,
Mundakkal, Kollam.
4 Reg. No. KU. 78 Fy. No. 8, Puthoor, Kollam
Located at Pavithreswaram
Village, Kollam Taluk,
Kollam
District., taken over on lease
on 12-5-1971
S. Ramchandra Naik,
23-2002 Kadri Temple
Road, Mangalore.
26 Inserted by Act 14 of 2010 (w.e.f. 01-08-2009).
13
5 Reg. No. Q. 1 Fy. No. 9, Kilimanoor,
Trivandrum located at
Pazhayakunnummel Village,
Chirayinkeezh Taluk,
Trivandrum Dist., taken
over on lease on 3-6-1971
Smt. Devayani Amma,
Jupitor Cashew Co.,
Kochupilammoodu,
Kollam.
6 Reg. No. KU. 64 Fy. No. 11, Edamulakkal,
Edamulakkal Village,
Pathanapuram Taluk,
Kollam Dist., taken over
on lease on 14-4-1971
M/s Ramsons & Co.,
Kollam-4.
7 Reg. No. Q. 55 Fy. No. 12, Chathannoor,
Meenadu Village,
Kollam Taluk,
Kollam Dist., taken over
on lease on 16-8-1971
Badarudeen Musaliar,
Kandannachalil House,
Kilikolloor, Kollam-4.
8 Reg. No. KU. 36 Fy. No. 14, Bharanikkavu,
Sasthamcottah Village,
Kunnathoor Taluk,
Kollam Dist., taken over on
lease on 9-2-1972
Smt. Umaiban Beevi,
Kambikettle V eedu,
Kilikolloor, Kollam.
9 Reg. No. KU. 41 Fy. No. 16, Adinadu,
Kulasekharapuram Village,
Karunagappally Taluk,
Kollam Dist., taken over on
lease on 7-2-1972
Smt. B. Leela,
Padmalayam, Uliyacovil,
Kollam.
10 Reg. No. KU. 53 Fy. No. 20, Elampalloor,
Elampalloor Village,
Kollam Taluk, Kollam
Dist., taken over on lease
on 14-2-1972
K. Mydeen Kunju & Sons,
Kuthirapanthiyil Bunglow,
Thevally, Kollam.
11 Reg. No. KU. 70 Fy. No. 22, Nedupaikulam,
Ezhukone Village,
Kollam Taluk, Kollam
Dist., taken over on lease
on 28-2-1972
K Suresh,
Managing Partner,
Shanmughavilas,
Kilikolloor, Kollam.
12 Reg. No. KT. 71 Fy. No. 24, Karimulakkal,
Chunakkara Village,
Mavelikkara Taluk,
Alleppey
Dist., taken over on lease
on 18-5-1972
T.G Walter,
Mammikunnu Bunglow,
Kochupilammoodu,
Kollam.
13 Reg. No. KU. 88 Fy. No. 26, Thettikuzhy,
Thazhuthala Village,
Kollam Taluk, Kollam
District., taken over on lease
on 11-3-1974
Smt. Ummasalummal,
Kuruttazhikathu Veedu,
Umayanalloor, Kollam.
14
14 Reg.No. Q. 95 Fy. No. 27, Eravipuram,
Eravipuram Village,
Kollam Taluk, Kollam
Dist., taken over on lease
on 13-3-1974 27[and 1-2-
1975]
M/s Ramsons & Co. Kollam-428[and Smt. D. Sumathy, W/o
Sivadasan, Smt. Rajasri Sivadasan,
D/o Sivadasan and Smt. Jayasri
Sivadasan, D/o Sivadasan, Jayanthi
House, Nadakkavu, Cutcherry,
Kozhikode].
15 Reg. No. Q. 96 Fy. No. 28, Parippally,
Parippally Village,
Kollam Taluk, Kollam
Dist., taken over on lease
on 13-3-1974
M/s Ramsons & Co..
Kollam-4.
16 Reg. No. KU. 86 Fy. No. 29, Paruthumpara,
Mulavana and Ezhukone
Village, Kollam Taluk,
Kollam Dist., taken over on
lease on 11-3-1974
M/s M.P. Govindan &
Sons, Kollam-4.
17 Reg. No. KU. 158 Fy. No. 30, Kunnathoor,
Kunnathoor Village,
Kunnathoor Taluk, Kollam
Dist., taken over on lease
on 21-3-1974
G. Bhanu Asan,
Vishnu Nivas, Pattathanam,
Kollam.
Present: Sushamma,
Sitaram, Acharandil
House. Pattathanam,
Kollam.
18 Reg. No. Q. 31 Fy. No. 32, Kanjamkadu,
Kollam Corporation,
Kollam Taluk,
Kollam Dist., taken over on
lease on 23-3-1974
Smt. Rajeswari,
W/o Govindaraja Reddiyar,
Raji Nivas, N.A.N.R.
Compound, Main Road,
Kollam.
19 Reg. No. Q. 243 Fy. No. 33, Kadakkal,
Kadakkal
Village, Kottarakkara Taluk,
Kollam Dist., taken over on
lease on 29-4-1974
Smt. B. Jalaja Kumari,
Bhaskara,Temple Lane,
Medical College P.O.,
Ulloor, Trivandrum.
20 Reg. No. KU. 9 Fy. No. 34,
Chengammanadu,
Melila Village, Kottarakkara
Taluk, Kollam Dist., taken
over on lease on 13-6-1974
Smt. Rajeswari,
W/o Govindaraja Reddiyar,
Raji Nivas, N.A.N.R.
Compound, Main Road,
Kollam.
27 Inserted by Act 16 of 2024 (w.e.f. 01-08-2009).
28 Inserted by Act 16 of 2024 (w.e.f. 01-08-2009).
15
29[SHEDULE III
(See Section 6A)
SI.
No
Reg. No.
of the
factory
Name, description
and details of
factories
Date from
which it is
vested in
Government
(1) (2) (3) (4)
1 K.U.28 M/s Grand Cashew Corporation,
Chengamanad, located at Melila Village,
Kottarakkara Taluk, Kollam District
11-5-1984
2 K.U.96 M/s K.A. Karim & Sons,
Kilikolloor, located at Kilikolloor Village,
Kollam Taluk, Kollam District.
11-5-1984
3 Q.38 M/s P.K. Damodar Cashew Company,
Eravipuram, located at Eravipuram Village,
Kollam Taluk, Kollam District.
27-7-1984
4 Q.97 M/s Quilon Exports, Chathannoor,
located at Chathannor Village,
Kollam Taluk, Kollam District.
27-7-1984
5 Q.150 M/s Dhanalekshmi Exports,
Navaikulam,
located at Navaikulam Village, Chirayinkil Taluk,
Thiruvananthapuram District.
27-7-1984
6 K.U.59 M/s Rajasree Exports Enterprises,
Perinadu, located at Perinadu Village,
Kollam Taluk, Kollam District.
27-7-1984
7 K.U.207 M/s Viswanath Cashew Factory,
Chathinamkulam, located at Kilikolloor
Village, Kollam Taluk, Kollam District.
8-2-1985
8 K.U.185 M/s Dalmia International,
Perumpuzha, located at Kottamkara Village,
Kollam Taluk, Kollam District.
8-2-1985
9 A.P.9 M/s Standard Cashew Industries,
Pathiyoor, located at Pathiyoor Village,
Karthikappally Taluk, Alappuzha District.
25-4-1985
10 A.P.11 Rajmohan Cashew Limited,
Eruva, located at Eruva, Kayamkulam in
Karthikappally Taluk, Alappuzha District.
11-6-1986
_____
29 Inserted by Act 13 of 2015 (w.e.f. 01-05-1984).