State Act

THE KERALA CASHEW FACTORIES (ACQUISITION) ACT, 1974

6[3A. Power to acquire any cashew factory in public interest.—(1) Notwithstanding anything contained in section 3, if the Government are satisfied, in relation to a cashew factory, that it has been closed for a period of not less than three months 7[prior to the date of coming into force of this Act or any day thereafter] and such closure has prejudicially affected the interest of the majority of the workers engaged in that factory and that immediate action is necessary to restart the cashew factory and such restarting is necessary in the public interest, they may, by order published in the Gazette, declare, that the cashew factory shall stand transferred to, and vest in, the Government: Provided that no order under this sub-section shall be published unless the proposal for such acquisition is supported by a resolution of the Legislative Assembly 8[which shall be passed within a period of six months from the date of publication of the order under sub-section (1) of this section]. 9[Explanation.— The vesting in pursuance of the order mentioned in sub-section (1) shall take effect on the date of publication of such order.] (2) The provisions of sub-section (3) of section 3 and section 4 shall, as far as may be, apply to a declaration made under sub-section (1), as they apply to a declaration made under sub-section (1) of section 3. (3) The provisions of sections 7 to 16 (both inclusive) shall, as far as may be apply to, or in relation to, the cashew factory, in respect of which a declaration has been made under sub-section (1), its occupier or Government, as the case may be, as they apply to a cashew factory in relation to which a declaration has been made under sub-section (1) of section 3.]