State of Kerala - Act
Kerala Cashew Factories (Acquisition) Act, 1974
KERALA
India
India
Kerala Cashew Factories (Acquisition) Act, 1974
Act 29 of 1974
- Published on 3 August 2015
- Commenced on 3 August 2015
- [This is the version of this document from 3 August 2015.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act. Unless the context otherwise requires,-3. Order of acquisition.
3A. [ Power to acquire any cashew factory in public interest. [Inserted by Kerala Act No. 14 of 1995]
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. [Inserted by Kerala Act No. 14 of 2010]
- Notwithstanding anything contained in section 3 or in any judgement, 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or any decree or order of court restricting the use of such property in any manner shall be deemed to have been withdrawn.5. Inventory of properties.
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, 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.) the occupier or any other persons shall not commit any act which will diminished 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.6A. [ Acquisition of factories specified in Schedule III. [Inserted by Kerala Act No. 13 of 2015, dated 3.8.2015..]
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.
- Notwithstanding anything contained in section 3, the Government may, by order in writing;-(a)direct that a cashew factory vested in this 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.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.
- 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 (or the Federation or a workers cooperative society) 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 day immediately preceding such date as may be specified by the Government in this behalf.13. Penalties.
14. Offences by companies.
15. Protection of action taken in good faith.
16. Power to make rules.
17. Repeal and saving.
| Sl. No. | Reg. No. of the cashew factory | Name, description and details of cashewfactory | Name and address of the owner |
| (1) | (2) | (3) | (4) |
| 1 | Reg. No. AP. 10 | Fy. No. 4, Krishnapuram,Kayamkulam, located atKrishnapuram Village,Karthikapally Taluk,Alleppey Dist., takenoveron lease on 1-3-1971 | Shri S. Ramachandra Naik,23-2002 Kadri TempleRoad, Mangalore. |
| 2 | Reg. No. K.U. 2 | Fy. No. 5, Mynagappally,Karunagappally locatedatMynagappally Village,Karunagappally Taluk,Kollam Dist.,taken overon lease on 15-3-1971 | Smt. K. Devayani Amma,Jupitor Cashew Co.,Kochupilammoodu, Kollam. |
| 3 | Reg. No. K.T. 72 | Fy. No. 7, Nooranadu,Kayamkulam located atNooranadu Palamel Village,Mavelikkara Taluk, AlleppeyDist.,taken over on leaseon 11-5-1971 | T. G Walter, MammikunnuBunglow, Mundakkal,Kollam. |
| 4 | Reg. No. KU. 78 | Fy. No. 8, Puthoor, KollamLocated atPavithreswaramVillage, Kollam Taluk, KollamDistrict., takenover onlease on 12-5-1971 | S. Ramachandra Naik; 23-2002 Kadri Temple Road,Mangalore. |
| 5 | Reg. No. Q. 1 | Fy. No. 9, Kilimanoor,Trivandrum located atPazhayakunnummel Village,Chirayinkeezh Taluk, TrivandrumDist.,taken over on leaseon 3-6-1971 | Smt. Devayani Amma, JupitorCashew Co.,Kochupilammoodu,Kollam. |
| 6 | Reg. No. KU. 64 | Fy. No. 11, Edamulakkal,Edamulakkal Village,Pathanapuram Taluk,Kollam Dist., taken overon lease on14-4-1971 | M/s Ramsons &Co., Kollam-4. |
| 7 | Reg. No. Q. 55 | Fy. No. 12, Chathannoor,Meenadu Village,KollamTaluk, Kollam Dist., takenover on lease on 16-8-1971 | Badarudeen Musaliar,Kandannachalil House,Kilikolloor, Kollam-4. |
| 8 | Reg. No. KU. 36 | Fy. No. 14, - Bharanikkavu,SasthamcottahVillage,Kunnathoor Taluk, KollamDist., taken overon lease on9-2-1972 | Smt. Umaiban Beevi,Kambikettle Veedu,Kilikolloor, Kollam. |
| 9 | Reg. No. KU. 41 | Fy. No. 16, Adinadu,Kulasekharapuram Village,Karunagappally Taluk,Kollam Dist., taken overon lease on7-2-1972 | Smt. B. Leela,Padmalayam,Uliyacovil, Kollam. |
| 10 | Reg. No. KU. 53 | Fy. No. 20, Elampalloor,Elampalloor Village,Kollam Taluk, KollamDist., taken over onlease on 14-2-1972 | K. Mydeen Kunju &Sons, KuthirapanthiyilBunglow, Thevally, Kollam. |
| 11 | Reg. No. KU. 70 | Fy. No. 22, Nedumpaikulam,Ezhukone Village,KollamTaluk, Kollam Dist., takenover on lease on 28-2-1972 | K. Suresh, ManagingPartner, Shanmughavilas,Kilikolloor, Kollam. |
| 12 | Reg. No. KT. 71 | Fy. No. 24, Karimulakkal,Chunakkara Village,MavelikkaraTaluk, Alleppey Dist., taken overon lease on18-5-1972 | T. G Walter, MammikunnuBunglow,Kochupilammoodu,Kollam. |
| 13 | Reg. No. KU. 88 | Fy. No. 26, Thettikuzhy,Thazhuthala Village,Kollam Taluk,Kollam District, takenover on lease on 11-3-1974 | Smt. Ummasalummal,Kuruttazhikathu Veedu,Umayanalloor, Kollam. |
| 14 | Reg. No. Q. 95 | Fy. No. 27, Eravipuram,Eravipuram Village,KollamTaluk, Kollam Dist., takenover on lease on 13-3-1974 | M/s Ramsons & Co.,Kollam-4. |
| 15 | Reg. No. Q. 96 | Fy. No. 28, Parippally,Parippally Village,KollamTaluk, Kollam Dist., takenover on lease on 13-3-1974 | M/s Ramsons & Co., Kollam-4. |
| 16 | Reg. No. KU. 86 | Fy. No. 29, Paruthumpara,Mulavana and EzhukoneVillage,Kollam Taluk, Kollam Dist.,taken over on lease on11-3-1974 | M/s M. P. Govindan &Sons, Kollam-4. |
| 17 | Reg. No. KU. 158 | Fy. No. 30, Kunnathoor,Kunnathoor Village,KunnathoorTaluk, Kollam Dist., takenover 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,KollamTaluk, Kollam Dist., takenover on lease on 23-3-1974 | Smt. Rajeswari, W/oGovindaraja Reddiyar, RajiNivas, N.A.N.R. Compound,Main Road, Kollam. |
| 19 | Reg. No. Q. 243 | Fy. No. 33, Kadakkal,Kadakkal Village,KottarakkaraTaluk, Kollam Dist., takenover on lease on29-4-1974 | Smt. B. Jalaja Kumari,Bhaskara, Temple Lane,Medical College P. O.,Ulloor, Trivandrum. |
| 20 | Reg. No. KU. 9 | Fy. No. 34, Chengamanadu,Melila Village,KottarakkaraTaluk, Kollam Dist., takenover on lease on13-6-1974 | Smt. Rajeswari, W/oGovindaraja Reddiyar, RajiNivas, N.A.N.R. Compound,Main Road, Kollam. |
| 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 atChathannoor Village, Kollam Taluk, Kollam District. | 27-7-1984 |
| 5 | Q.150 | M/s Dhanalekshmi Exports, Navaikulam, locatedat Navaikulam Village, Chirayinkil Taluk, ThiruvananthapuramDistrict. | 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, locatedat 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, AlappuzhaDistrict. | 25-4-1985 |
| 10 | A.P. 11 | Rajmohan Cashew Limited, Eruva, located atEruva, Kayamkulam in Karthikappally Taluk, Alappuzha District. | 11-6-1986 |