Amendment status not verified — confirm the current text below against the official source.
(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 4A[(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. Inserted by Act 14 of 2010 in K. G. Ext. No. 2026 dt. 03/09/2010.