Section 5 in Kerala Cashew Factories (Requisitioning) Act, 1979
5. Payment of amount.
(1)Where any cashew factory is requisitioned under this Act there shall be paid rent for the cashew factory, the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,-(a)where the amount of rent can be fixed by agreement, it shall be paid in accordance with such agreement;(b)where no such agreement can be reached the Government shall by order.(i)determine the rent at a rate which shall be in excess of the amount of rent which was being paid by the Corporation for that cashew factory immediately before the date of publication of the order under sub-section (1) of section 3 by twenty-five per cent of such amount and(ii)specify the person or persons to whom such rent shall be paid.(2)Any person aggrieved by an order of the Government under sub-section (1) may, within thirty days from the date of such determination, apply to the Tribunal for modification of such order:Provided that the Tribunal may entertain the application after the expiry of the said period of thirty days if it is satisfied that the applicant was prevented by sufficient cause from presenting the application in time.(3)In determining the amount of rent payable for a cashew factory requisitioned under this Act, the Tribunal shall have regard to-(a)the nature and plinth area of the buildings and other structures and the value of the accessories and fixtures minus depreciation at the rate of five per cent per annum subject to a maximum of fifty per cent depreciation;(b)the capacity of the cashew factory for processing raw cashew nuts;(c)rate of rent of other cashew factories in the locality at the commencement of this Act; and(d)express on account of re-occupying the premises upon release from requisition.
