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

Section 3

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workers’ co-operative society under sub-section (ll of section 8-for management, only such of those persons_who are workmen within ti.e meaning of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), and have been, immediately before the appointed day, in the employment of the cashew factory and who become members ofr the. workers’ cooperative society.to which the management has been so entrusted shall be eligible for employment in the cashew factoryfi‘ (3) Every person who is eligible for employment under sub- section (2) in a cashew factory vested under this Act in the Govern- ment and‘ is entrusted to a workers’ co-operative somety for management; shall become, on and from the date on which the cashew factory is So entrusted to the society for management or the date on which he becomes a member of such somety, whichever is later, an employee of,the society and shall, hold oflice or semce in the cashew factory on such- remuneration, terms and conditions of: employment as may; be determined. by the soczety. .. "I '1 ” (4) The Federation or a workers’. co-operative soc1ety or any institution‘to which the management of a cashew factory vested under this Act‘ in the Government is entrusted under sub-section (1) of section. 8, may' employ on mutually acceptable terms and conditions any-person who~is not a workman Within the meamng of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) and- who has been‘, immediately before the appomted day, in the employment of such cashew factory and on such employment the said: person shall become an employee of the Federation or the society or the institution, as the case‘may be. . (5) Where the management of a cashew factory vested under this Act in the Government is entrusted to the Federation or to :1 workers’_ cooperative society or to any other institution for managementunder sub-section (1) of section 8, any person whose service becomes terminated or who becomes an employee of the Federation or the somety or the institution by reason of the prow- Sions of this section, is entitled to any payment by way of gratuity or retirement benefits or for any leave not availed of, or any other~ - -- benefits, prior to the appointed day, such perSOn may enforce his claim against the occupier of the cashew factory immediately before the appointed day but not against the Government or the Federation or the society or the institution. (6) Notwithstanding anything contained in the Industrial Disputes Act 1947 (Central Act 14 of 1947), Or in any other law for- the time being in force, any person whose schice becomes terminated of whose terms and conditions of employment have been altered in pursuance of the prOViSions of this section, shall not be entitled to any compensation under this Act or under any who! (Ru) joy 4&1. 'Iqu bug (A gene QM! ncSM’L (loin Ski-X! be (3,340,401.st by 0111 COM? 4715qu of 0—Way], au'thoh‘blg —.._."—-‘*.—._’——-ar A 9' Jamil! 6‘: Act- oir oi- l‘ffrf (me-f. 023,2, (999 . l i i' x“ C7" in moneys relatable to the employees. whose services have become transferred, by or under this Act, adhe~ Government ot-the day a workers’ co-o era. ' ' vcs moneys standingp, tive soc1et ‘ d transferred 1: (1) the Corporation or the Federatizhagg tv th. society or the institution manner as ' “’“TKers' co-o '- -- ~. . . - _ 12 s J by the Govenfrfzreanve s y 01‘ Mflrahon Or " F’Or‘kers' CM “t of the C "lshtu superannunt In Such m Peratrve societ o a ion or th benefit of the employs..."er as may hey 01' the in e Government or the Corporatiori'l-yzrfi RD by winch such employees we e- _:_ “Wu?" 07a inn/cu, (a nuated. or his services with the cashew factory \had terminated, on the day immediately preceding such date as may be specified by the Government in this behalf I3. Penalties ~(l) Any person who—- (a) fails to furnish any information which he is bound to furnish under sub-section (3) of section 5 or furnishes any such mlormation which he knows or has reason to believe to be false. or (b) contravenes the provisions of section 6; or (cl having in his possession. custody or control any property forming part of a cashew factory in respect of which a declaration under section 3 has been made. Wrong- fullv withholds such property from the Government; or (d) wrongfully obtains possession of any property forming part of a cashew factory which has vested in the Goxemment under this Act, shall be punishable with imprisonment for a term which may extend O to one year. or with line, or with both: Provided that the court trying any ofi‘ence under clause (c) or clause (d) may. at .the time of convicting the accused person. order him to deliver up within a time to be fixed by the court any property wrongfully withheld or obtained (2) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the Govern- ment or an officer authorised by the Government in this behalf. . ' casubsilurd by Ad- asu Htfwyua-f 38.44734 ”'SMbH-{ahl 1,“, me 2;- Art Horus-F *3- 1' ’7” is: 1mm by Ad Jr a} ("fwcf‘ 49- 1- "’54. L ' Iz__on_ttle al’li’omted . ration or thTF‘edera ' P .— on th y or an institution, shall, out filial: vident fund stan e appoxnted day, to the credit ‘of\ such .pro-' , est in. the Government or. he workers' - , as the case may b3} megggpifiive . . ed l‘escn’be tubal], as theeza on amount due to each employee as if the employee Imu DquhIPfi-Iwew \‘1 1M-

Section 3 – The Kerala Cashew Factories (Acquisition) Act, 1974 (No.29 of 1974) | DailyLaw.ai