Section 9 in Kerala Cashew Factories (Acquisition) Act, 1974
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 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.(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 receipt of the compensation.(9)If the conveyance referred 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.] [Inserted by Kerala Act No. 13 of 2015, dated 3.8.2015..]
