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Section 5: Payment of amount

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

(!) Where any cashew factory is requisitioned under this Act there shall be paid rent for that cashew factory, the amount of which shall be determined in the manner and in accordaiJce w1th the principles hercinafler set out, that is to say,-

(a) whne the amount of rent can be fixed by agreement, it shall be paid in ac<.ordance wnh such agreement;

(b) where no such agreement can be reached the Government shall by order--

(i) determine the rent at a rate which shall be in excess of the amount of rent w hi.ch was being paid by the Corr'ora­ tion for that cashew factory .immediately before the date of publication of the 01der under ~ub-section (1) of section 3 by twer.ty-five per cent of such amount a11d

(it) specify the person or persons to whom such rent shall be paid.

(2) Any pers0n aggrieved by an order of the Government undet· sub-section t 1) may, within thirty days from the date of such deter mi.

nation, apply to the Tribunal for modification of such order:

Provided that the Tribunal may_ entertain the ap·llication after the expiry of the said period of thirty days if it is satisfied that the applicant ,\·as prevented by sufficient cause from pcesenttng the appli-­ cation in time.

(3) ln determining the amount of rent payable for a cashew factory requisitioned under this Act, the Tribunal shall have regard to- -· (a) the nature and plinth area of the buildings and other structures and the value of the accessories and fixtures minus depre­ ciation at the rate of five per cent per annu·n subject to a maximum of fifty per cent depreciatiJn;

(b) the capacity of the cashew factory for processing raw cashew nuts; '"

(c) rate of rent of other cashew factories in the locality at the commencement of this_ Act; and

(d) expen~es on account of re-occupying the premises upon re]ease from requh:ition. '

Where this provision sits

ActThe Kerala Cashew Factories (Requisitioning) Act, 1979 (Act 6 of 1979)
Section5
Marginal notePayment of amount
JurisdictionState of Kerala
StatusIn force as published by the source

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