Bare ActsThe Kerala Cashew Factories (Acquisition) Act, 1974 (No.29 of 1974)

Section 2

Defimtions

Amendment status not verified — confirm the current text below against the official source.

Defimtions.—-In this Act unless the context otherwise requires.— (a) "appointed day" means .the date ofapubhcation of the declaration under sub—section (1) of section 31fl>r under sub-M" (b) “Cashew factory“ means a factory as f e Factories Act, wherein processing of cashewnuts is eing carried on and includes the factory building. the site thereof, and the buildings and lands appurtenant thereto used or necessary for, or in connection with, the working of the factory; (c) "Corporation“ means the Kerala State Cashew Develop ment Corporation Limited, incorporated under the Companies Act. 1956 {Central Act 1 of 195(3); {dl "Factories Act" manna Hm Fflnfnwinfl.Apf WAR JI‘an-ml Act 63?:Edd)-.(‘Federation"“means the Kerala Etate (Jo-operative] MarketingiFede'aE-Ogjeans an occupier as defined in the Factories Act: a (f) "prescribed"'means prescribed by rules made under this Act; ‘Received the assent of the President in the lath day of November 1974 and pUbhshed in the Gazette Extraordinary No 787 dated 1911'. November 1974 a. mug Ad m as Mr w.e.f 01-05,“?31,” 3.112.50er L, Act was 1733“” 1 F afi-oz. {r99 Le _ 0 O \. 139 K (3) "processing", with reference to cashewnuts, includes extraction of cashewnut oil and roasting, shelling. peeling. grading and treating of cashewnuts. rJi (laweUJ- ""\:‘ ‘1‘: h) “workers’ ctr-operative society" or “society” means a‘co-o ra lve society registered under the Kerala Co-opemtive Societies Act; 1969 (21 of 1969) and formed with the object of managing a cashew factory which has been closed down or vested n , under this. Act in“the Government and .ofowhich at least ninety [r per cent at the members are workmen within the meaning of the ’ Industrial Disputes Act, 1947 (Central Act 14 of 1947). who have i been, immediately before the appointed day, in the employment of 3y cashew facto _ woman or mum an: ‘lun. —ueing-processen- nr'uie the factory to whyn 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 oil or retrenchment, of the workers of a cashew factory, by order published in the Gazette, declare :that that cashew factory shall stand transferred to. and vest in, the Government' vaidcd that before making a declaration under this sub— section in respect of a cashew factory. the Govemment 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 objec- tions that may be preferred in pursuance of such notice. Explanation—For the purposes of this sub-section. the ex- pressions "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 prmisio 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 thc cashew factory. {3) 0n 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 were immediately before the appointed day in the ownership, possession, power or control of the occupier in relatlnn to the factory and all books of accounts. registers and other documents - relating thereto shall stand transferred for and vest in. the ' G°"‘"‘“““" "Afiwui sum, as) sea-on 3A 4'juu‘o’ by flat-276g ”Ewe-f 18-02nl?3;’ .4 2 m '

Section 2 – The Kerala Cashew Factories (Acquisition) Act, 1974 (No.29 of 1974) | DailyLaw.ai