Section 3(1) in Kerala Cashew Factories (Acquisition) Act, 1974
(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 cashew nuts 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(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 [Inserted by Kerala Act No. 14 of 2010](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 judgement, 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 that cashew factory 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).
