(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 cashewnuts 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 5[(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 subsection 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.
5 Inserted by Act 14 of 2010 (w.e.f. 01-08-2009).
4 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 subsection (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.]