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Section 4: Release from. requ:isition

The Kerala Cashew Factories (Requisitioning) Act, 1979 (Act 6 of 1979)State Act of Kerala · Act 6 of 1979

(l) The Government may at any time release from requi.sitio.J ~1ny cash~.:\V fJ.ctory requisitioned under section (3) and therei?Oil tli•: Guvcrnmcnt or the Corpordtion, as the case may be, shall as far a<.: pos~-iblc re'Hnre the fact)ry in as good J. condition as it was when pos~e~~i·m 1 h<1:n:.ur was taken by virtue of th• lease executed by it with the owner of the ca~hew factory, subject to the provisions contained in such lease and to the ch:1nges camed by reaso ..

nable wear and tear and irresistible torce.

(2) Where any cashew factory i3 to be released from requl~ition under sub section (l), the Goven1·ne1ll may, af1er such inquiry, 1f J.ny, as they may in any case cons;rl,~r ;v~c:~s>ary t l m_~.ke o~· cau3e to be made, speclJy by order in writing the \'{'l·sun to '.·:hom po3.session of such cashew fJ.ctory IS to be given.

{3) The delivery ofpo')sessi~J.< of a cashew factory to the p~rson specified in an o:;dcr undct sub-section (2) shall b~ a full di>char!Se of the Governmt:'nt and, in the case of a ca3hew fJ.ctory vcs.ted in the Corporation, also of the Corporation from a.llliab1'ijes in r<:"Spect of such cashew fa.ctory, but !.hall not preju·.Jice any right in respect of that ca:--hcw f::~ctory which any other person may be entitled by due process of bw to enforce ag1inst the person to whom posses~ivn of the c.ashew factOiy is given.

(4) \-\t~here any person to whon1 pos:;ession of a cashew factory is to be given is not found and has no agent or other person e:npowered to accept delivery on his behalf, the Government sh::t.ll cause a notice declaring that the cashew factory is relea.;;ed from requisition to be affixed on some .conspicious part of the- premises of the C'lshew -factory and sh01ll also publish the notice in the Gazette.·

(5) Where a notice referred to in sub-section (4) is published in the Ga~ette, the cashew factory spec;fieU in such notice shall cease to be· subject to requisition on and from the: date of such publication and shall b.e deemed to have been delivered to the ptrson entitled to ·posses ..

sion thereof, and the Government or the Corporation shall not be liable for. any c_ompensation or other claim in respect of such cashew factory for any pe1iod after the said date.

(6) Where any cashew factory requisitioned under section 3 or any matt I ial part thereof is wholly destroyeJ or rendered substantially and permanently unfit fOr cco.rrying on processing of raw cashew nuts by reason of fire~ ec1rthquake, tempest, flood or violence of any mob or other irre3istible f,,rce, the requisition shaH, at the option of the Government, be void:

Provided that the benefit of this sub-section shall not be available to the Governmt'nt where the injwy to such cashew factory is caused by any wrongful act or default o1 the Government or the Corporation.

Where this provision sits

ActThe Kerala Cashew Factories (Requisitioning) Act, 1979 (Act 6 of 1979)
Section4
Marginal noteRelease from. requ:isition
JurisdictionState of Kerala
StatusIn force as published by the source

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