[Act No. 45 of 1968] [1st September, 1968] An Act to
provide, in the economic and financial interests of the community, for the
control of the production, manufacture, supply, distribution, use and
possession of, and business in, gold, ornaments and articles of gold and for
matters connected therewith or incidental thereto. Be it
enacted by Parliament in the Nineteenth Year of the Republic of India as
follows:-- (1)
This Act may
be called the Gold (Control) Act, 1968. (2)
It extends
to the whole of India. In this Act,
unless the context otherwise requires,-- (a)
"Administrator"
means the Administrator appointed under section 4; (b)
"article"
means any thing (other than ornament), in a finished form, made of,
manufactured from or containing, gold, and includes-- (i)
any gold
coin, (ii)
broken
pieces of an article, but does not include primary gold; (c)
"artisan"
means a person (other than a certified goldsmith) who is employed by a licensed
dealer, whether on cash or deferred payment or on commission, remuneration or
other valuable consideration, to make, manufacture, prepare, repair, polish or
process any article or ornament or to melt, process or convert gold for the
purpose of making, manufacturing, preparing, repairing or processing any
article or ornament; (d)
"certified
goldsmith" means a self-employed goldsmith who holds a valid certificate
referred to in section 39; (e)
"coin"
means a thing which is stamped and issued by or on behalf of Government or by
any other authority in exercise of its sovereign power in order to be used for
the time being as money, whether such coin is a current coin or not; (f)
"commencement
of Part XIIA of the Defence of India Rules, 1962" means the day on which
that Part was initially inserted into the Defence of India Rules, 1962, that is
to say, the tenth day of January, 1963; (g)
"company"
means a company as defined in section 3 of the Companies Act, 1956 (1
of 1956), and includes a foreign company as defined in section 591 of
the said Act; (h)
"dealer"
means any person who carries on, directly or otherwise, the business of making,
manufacturing, preparing, repairing, polishing, buying, selling, supplying,
distributing, melting, processing or converting, gold, whether for cash or for
deferred payment or for commission, remuneration or other valuable
consideration, and includes-- (i) ????a Hindu undivided family
which carries on such business; (ii) ???a local authority,
company, society registered under the Societies Registration Act, 1860 (21 of
1860), co-operative society incorporated under any law with respect to
co-operative societies, club, firm or other association of persons which carries
on such business, or-- (a)
buys or
accepts gold (for the purpose of making ornaments) from, (b)
makes,
manufactures, prepares, repairs or polishes ornaments for, (c)
processes,
melts or converts gold (for the purpose of making ornaments) for, (d)
sells,
supplies or distributes ornaments or other gold (for the purpose of making
ornaments) to, its members; (iii) ??a commission agent,
broker, del credere agent, auctioneer or other mercantile agent, by whatever
name called, who carries on such business on behalf of any principal, but does
not include the Reserve Bank of India, the State Bank of India, any subsidiary
bank as defined in clause (k) of section 2 of the State Bank of India
(Subsidiary Banks) Act, 1959 (8 of 1959), or any banking company as defined in
clause (c) of section 5 of the Banking Regulation Act, 1949 (0 of
1949), in so far as such bank sells or transfers, or exhibits for sale or
transfer, any gold. Explanation.--For
the purposes of this Act-- (a)
every person
who acts as an agent of a dealer residing outside India and carries on the
business of such dealer in India or acts on behalf of such dealer as-- (i) ???a mercantile agent as
defined in the Sale of Goods Act, 1930 (1 of 1930), or (ii) ???an agent for handling gold
or documents of title relating to gold, or (iii) ??an agent for the
collection or payment of sale price of gold or as a guarantor for such
collection or payment; and (b)
every branch
in India of a firm or company having its registered office outside India, if
such firm or company is a dealer, shall be deemed to be a dealer; (i)
"declaration"
means a declaration which is required by this Act or was required by rule 126-I
of the Defence of India Rules, 1962, or the Gold (Control) Ordinance, 1968 (6
of 1968), to be made with regard to the ownership, possession, custody or
control of gold; (j)
"gold"
means gold, including its alloy (whether virgin, melted or re-melted, wrought
or unwrought), in any shape or form, of a purity of not less than nine carats
and includes primary gold, article and ornament; (k)
"gold
coin" means a coin made of gold of any purity, whether such purity exceeds
nine carats or not; (l)
"Gold
Control Officer" means a Gold Control Officer appointed under section 4; (m)
"licensed
dealer" means a dealer who holds a valid licence granted under section 27
authorising him to carry on business as a dealer; (n)
"licensed
refiner" means a refiner who holds a valid licence granted under section
17 authorising him to carry on business as a refiner; (o)
"notification"
means a notification published in the Official Gazette; (p)
"ornament"
means a thing, in a finished form, meant for personal adornment or for the
adornment of any idol, deity or any other object of religious worship, made of,
or manufactured from, gold, whether or not set with stones or gems (real or
artificial), or with pearls (real, cultured or imitation) or with all or any of
them, and includes parts, pendants or broken pieces of ornament. Explanation.--For
the purposes of this Act, nothing made of gold, which resembles an ornament,
shall be deemed to be an ornament unless the thing (having regard to its
purity, size, weight, description or workmanship) is such as is commonly used
as ornament in any State or Union territory; (q)
"prescribed"
means prescribed by rules made under this Act; (r)
"primary
gold" means gold in any unfinished or semi-finished form and includes
ingots, bars, blocks, slabs, billets shots, pellets, rods, sheets, foils and
wires; (s)
"refiner"
means a person who, being the owner, lessee or occupier of a refinery, is
engaged in the business of melting, assaying, refining, alloying or extracting
gold from any ore, salt or chemicals or subjecting it to any other process; (t)
"refinery"
means a place where gold is melted, assayed, refined, alloyed or extracted from
any ore, salt or chemicals or subjected to any other process for the purpose of
making primary gold and includes a place where gold is assayed at the request
of any dealer or other person, whether for the purpose of making primary gold
or not, but does not include a place where gold is melted, alloyed or subjected
to any other process by a licensed dealer or his artisan or a certified
goldsmith for the purpose of making, manufacturing, preparing, repairing
polishing or processing any article or ornament; (u)
"standard
gold bar" means primary gold of such fineness, dimensions, weight and
description and containing such particulars as may be prescribed; (v)
"value",
in relation to primary gold, article or ornament, means,-- (i) ???when the gold is seized
under this Act, the market price of such gold as on the date of the seizure
thereof, (ii) ???when the gold is not
available for seizure, the market price of such gold as on the date on which
the notice referred to in section 79 is issued. Explanation.--"market
price",-- (i) ???in relation to gold seized,
means the price at which such gold is ordinarily sold or offered for sale at,
or near to, the place of seizure; and (ii) ??in relation to any other
gold, means the price at which such gold is ordinarily sold or offered for sale
at, or near to, the place where the offence in relation to that gold is
detected. Nothing in
this Act shall apply to, or in relation to,-- (a)
any gold
belonging to, or in the possession, custody or control of, Government or the
Reserve Bank of India, (b)
any melting,
assaying, refining, alloying or extracting of gold done by Government in any
refinery owned or occupied by it, for the purpose of making or
manufacturing primary gold for its own use or for the use of the Reserve Bank
of India. (1)
The Central
Government shall, by notification, appoint an Administrator for carrying out
the purposes of this Act. (2)
The Central
Government may, by notification, appoint as many persons as it thinks fit to be
Gold Control Officers for the purpose of enforcing the provisions of this Act. (3)
The
Administrator shall discharge his functions subject to the general control and
directions of the Central Government. (4)
The
Administrator may authorise such person as he thinks fit to also exercise all
or any of the powers exercisable by him under this Act other than the powers
under sub-section (6) of this section or under clause (a) of sub-section (1) of
section 80 or under section 81, and different persons may be authorised to
exercise different powers. (5)
Subject to
any general or special direction given or condition Imposed by the
Administrator, any person authorised by the Administrator to exercise any
powers may exercise those powers in the same manner and with the same effect as
if they had been conferred on that person directly by this Act and not by way
of authorisation. (6)
The
Administrator may also-- (a)
perform all
or any of the functions of, and (b)
exercise all
or any of the powers conferred by this Act or any rule or order made thereunder
on, any officer lower in rank than himself. (7)
A Gold
Control Officer shall, subject to such limitations, restrictions and conditions
as the Central Government may think fit to impose, exercise such powers and
discharge such functions as are specified or conferred, as the case may be, by
or under this Act. (1)
The
Administrator may, if he thinks fit, make orders, not inconsistent with the
provisions of this Act, for carrying out the provisions of this Act. (2)
The
Administrator may, so far as it appears to him to be necessary or expedient for
carrying out the provisions of this Act, by order-- (a)
regulate,
after consultation with the Reserve Bank of India, the price at which any gold
may be bought or sold, [1] [***] [2] [***] (1)
The
Administrator may, if he is of opinion that it is necessary in the public
interest so to do, require any person who lends or advances money on the
hypothecation, pledge, mortgage or charge of any article or ornament to make to
him, in such form and within such time as may be specified, a return as to the
receipt, delivery or sale of such article or ornament and as to the persons
from whom they were received or, as the case may be, to whom they were
delivered or sold. (2)
The
Administrator may, by order, authorise any Gold Control Officer to examine the
accounts relating to the receipt, delivery or sale of any gold, of any person
who advances any money on the hypothecation, pledge, mortgage or charge of any
article or ornament, and if any gold is found in the possession of such person
which is not entered in such accounts or which is in excess of the quantity
shown in such accounts, and which is not otherwise accounted for to the
satisfaction of such officer, such gold shall be deemed to be in the possession
of such person in contravention of the provisions of this Act. The
Administrator, a Gold Control Officer, and any person authorised by the
Administrator or the Central Government and performing any functions under this
Act, shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860). (1)
Save as
otherwise provided in this Act, no person shall-- (i) ???own or have in his
possession, custody or-control, or (ii)? ?acquire or agree to acquire the ownership,
possession, custody or-control of, or (iii) ??buy, accept or otherwise
receive or agree to buy, accept or otherwise receive, any primary gold. [3] [(2) Save as otherwise provided in this Act, a person may,? (a)
(i) acquire
or agree to acquire the ownership, possession, custody or control of, or (ii) buy, accept or otherwise receive or agree to buy, accept or
otherwise receive, any ornament, unless he knows or Ilas reason to believe that
such ornament, being required to be included in a declaration, has not been so
included; (b)
sell,
deliver, transfer or otherwise dispose of, or agree to sell, deliver, transfer
or otherwise dispose of, any ornament, but shall not do so if the ornament,
being required to be included in a declaration, has not been so included.] (3) ???Save as otherwise provided
in this Act, no person shall-- (a)
acquire, or
agree to acquire, the ownership, possession, custody or control of, or (b)
buy, accept
or otherwise receive, or agree to buy, accept or otherwise receive, any
article, except by succession, intestate or testamentary. (4) Save as otherwise provided in this Act, no person shall sell,
deliver, transfer or otherwise dispose of, or agree to sell, deliver, transfer
or otherwise dispose of, any article to a person who is not a licensed dealer
or refiner: Provided
that a person may deliver an article to a certified goldsmith for the purpose
of repairing or polishing or for the purpose of getting one or more ornaments
made, manufactured or prepared therefrom: Provided
further that no such sale, delivery, transfer or disposal of any article shall
be made-- (i) ???where such article is
required to be included in a, declaration unless such article has been included
in a declaration which has been duly made by the person, who intends to sell,
deliver, transfer or otherwise dispose of the same, or (ii) ???where such article is not
required to be included in a declaration, unless the sale, delivery, transfer
or disposal thereof has been authorised by the Administrator. (5) ??Notwithstanding anything
contained in sub-sections (3) and (4), a person may accept or transfer, by way
of gift or exchange, gold coins, not exceeding five in number, if, together
with the gold coins received by way of gift or exchange, the total holding of
gold coins of the donee or transferee, as the case may be, does not exceed
fifty grammes. (6) ??Notwithstanding anything
contained in this section, the Administrator may, if he is of opinion that the
special circumstances of any case or class of cases so require, authorise any
person or class of persons to buy or otherwise acquire, accept, or otherwise
receive, or sell, deliver, transfer or otherwise dispose of, any primary gold
or article. (1)
Every person
who acquires gold under any authorisation made by the Administrator shall
observe such conditions and be subject to such restrictions as may be specified
therein and shall furnish to the Administrator an account of such gold, if so
required by the Administrator. (2)
No person
receiving, accepting, buying or otherwise acquiring gold in accordance with any
authorisation made by the Administrator shall-- (i) ???sell, deliver, transfer or
otherwise dispose of, or agree to sell, deliver, transfer or otherwise dispose
of, or (ii) ??expose or offer for sale,
delivery, transfer, or disposal of, such gold, except in accordance with such
authorisation. No person
shall obtain from any other person any loan or advance on the hypothecation,
pledge, mortgage or charge of-- (a)
any primary
gold, or (b)
any article
or ornament which is required to be included in a declaration unless such
article or ornament has been so included: Provided
that, in the case of an article which is not required to be included in a
declaration, no transfer or delivery thereof shall be made unless such transfer
or delivery has been intimated in writing to the Administrator. (1)
Save as
otherwise provided in this Act, no person shall-- (a)
make,
manufacture, prepare or process, any primary gold, or (b)
make,
manufacture, prepare, repair, polish or process, any ornament, or (c)
make,
manufacture, prepare, repair, polish or process, any article, or (d)
make,
manufacture or prepare anything containing gold of any purity, whether such
purity exceeds nine carats or not, or (e)
melt, assay,
refine, alloy or extract gold of any purity, whether such purity exceeds nine
carats or not, or subject such gold to any other process, unless he is
authorised so to do by the Administrator. Explanation.--Nothing
contained in this sub-section shall apply to the polishing by any person, in
his dwelling house, of any article, or ornament, or both, belonging to himself
or to any other member of his family. (2)
Every
authorisation made under sub-section (1) shall be subject to such conditions
(including conditions as to the payment of any fee or charges of supervision)
and restrictions as may be specified therein. Nothing in
clause (i) of sub-section (1) of section 8 shall apply to any primary gold
which forms part of any structure or any other construction or appendage within
the precincts of a temple, church, mosque, gurdwara or any other place of
public religious worship if such primary gold has been included in a
declaration. Notwithstanding
anything contained in this Act, a public religious institution may receive gold
as offerings: Provided
that-- (a)
where any
article is received by such institution, as an offering, such article may be-- (i)
kept by such
institution for its use, or (ii)
sold to a
licensed dealer or refiner, or (iii)
converted
into ornaments for the deity or idol, or (iv)
converted,
with the previous permission of the Administrator, into any new article which
may be required for worship in the institution or for use in, or decoration of,
the structure or other construction or appendage within the precincts of the
institution; (b)
where any
primary gold is received by such institution, as an offering, the institution
shall dispose of such primary gold by-- (i)
converting
the same, with the previous permission of the Administrator, into ornaments for
the deity or idol, or into new articles which may be required for worship in
the institution or for use in, or decoration of, the structure or other
construction or appendage within the precincts of the institution, or (ii)
selling the
same to such licensed dealer or refiner as may be specified, and under such
conditions, limitations and restrictions as may be imposed, by the
Administrator. Without
prejudice to the provisions of Chapter V, every public religious institution shall
submit, in such form and in such manner as may be prescribed, to the
Administrator monthly accounts of gold received by it as offerings and disposed
of by it. The person
in charge of the management of any public religious institution shall be
responsible for anything done or omitted to be done by such institution in
relation to any gold. (1)
Save as
otherwise provided in this Chapter, every person who owns, or is in possession,
custody or control of, any article or ornament at the commencement of this Act,
or acquires the ownership, possession, custody or control of any article or
Ornament there-after, shall make, within thirty days from such commencement or
from such acquisition, as the case may be, or within such further period as the
Administrator may, on sufficient cause being shown, allow, a declaration in the
prescribed form as to the quantity, description and other prescribed
particulars of any article, or ornament, or both, owned, possessed, held or
controlled by him: Provided
that no such declaration shall be required to be made where a person who,
having owned, possessed, held or controlled any article or ornament before the
commencement of this Act, has already made a declaration in relation to that
article, or ornament, or both: Provided
further that nothing in this sub-section shall be construed as enabling any
declaration to be made in respect of any gold for which the period prescribed
or allowed under the law for the time being in force before the commencement of
this Act had expired before such commencement. (2)
For the
removal of doubts, it is hereby declared that the declaration referred to in
this section shall be made, in relation to any article, or ornament, or both,-- (a)
owned by a
minor or a lunatic, by the guardian or manager of such minor or lunatic, as the
case may be; (b)
owned by an
idol or a deity, by the manager of such idol or deity, whether known as she
bait or manager or by any other name; (c)
owned,
possessed, held or controlled by a person whose properties are under the
management of any administrator or receiver, by such administrator or receiver; (d)
owned,
possessed, held or controlled by a person whose properties are under the
management of a Court of Wards, by the manager of such Court; (e)
vested in an
executor or an administrator of a will or other testamentary disposition, by
such executor or administrator; (f)
owned,
possessed, held or controlled by the members of a firm, by any partner of such
firm; (g)
owned,
possessed, held or controlled by a Hindu undivided family, by the head or karta
of such family; (h)
which is the
subject-matter of any public or private trust, by the trustee of such trust; (i)
owned, possessed,
held or controlled by a company, whether incorporated in or outside India, by
any person in charge of the management of the affairs of such company; (j)
belonging to
a temple, church, mosque, gurdwara or any other religious institution, by the
person in charge of the management of such temple, church, mosque, gurdwara or
other religious institution; (k)
which is
wakf property, by the mutawalli of such wakf; (l)
owned,
possessed, held or controlled by any society, club or other association, by the
secretary or manager of such society, club or other association; (m)
owned,
possessed, held or controlled by any other person, by such person as may be
prescribed. (3)
If any
person who did not own, possess, hold or control, before the commencement of
this Act, any quantity of gold in excess of the quantities specified in
sub-section (5), acquires, after such commencement, the ownership (whether by
succession, intestate or testamentary, or otherwise), possession, custody or
control of any gold and if, as a result of such acquisition, the total quantity
of gold owned, possessed, held or controlled by such person exceeds the
quantities specified in sub-section (5), such person shall, within thirty days
from the date of such acquisition or within such further period as the
Administrator may, on sufficient cause being shown, allow, make a declaration
in the prescribed form stating the total quantity, description and other prescribed
particulars of-- (a)
the gold
owned, possessed, held or controlled by him immediately after such acquisition,
and (b)
the person
from whom the ownership, possession, custody or control of such gold was
acquired. (4)
If any
person who has made a declaration, whether under sub-section (1) or under
sub-section (3) or under Part XIIA of the Defence of India Rules, 1962, or
under the Gold (Control) Ordinance, 1968 (6 of 1968), as to gold owned,
possessed, held or controlled by him, acquires (whether by succession,
intestate or testamentary, or otherwise), or parts with, after such
declaration, the ownership, possession, custody or control of any quantity of
gold, he shall, as often as he acquires or parts with the ownership,
possession, custody or control of any quantity of gold, make, within thirty
days from the date of such acquisition or parting with, or within such further
period as the Administrator may, on sufficient cause being shown, allow, a
further declaration in the prescribed form stating the quantity, description
and other prescribed particulars of the gold in relation to which such
ownership, possession, custody or control has been acquired or parted with by
him and giving the prescribed particulars of the person from whom the
ownership, possession, custody or control of such gold war acquired or in
whose favour the ownership, possession, custody or control of such gold was
parted with, as the case may be. (5)
No
declaration referred to in sub-section (1) or sub-section (3) shall be required
to be made,-- (a)
in relation
to articles, unless the total weight of articles owned, possessed, held or
controlled by,-- (i)
a minor, who
is not a member of a family, exceeds twenty grammes, (ii)
an
individual (other than a minor), who is not a member of a family, exceeds fifty
grammes, (iii)
a family,
exceeds fifty grammes, (iv)
any person
referred to in clauses (b) to (f) and (h) to (m) of sub-section (2), exceeds
fifty grammes; (b)
in relation
to any ornaments, or both articles and ornaments, where both articles and
ornaments are owned, possessed, held or controlled, unless the total weight of
such ornaments or both articles and ornaments, as the case may be, owned,
possessed, held or controlled by,-- (i)
an
individual who is not a member of a family, exceeds two thousand grammes; (ii)
a family, exceeds
four thousand grammes; (c)
in relation
to any ornaments, or both articles and ornaments, owned, possessed, held or
controlled by any person referred to in clauses (b) to (f) and (h) to (m) of
sub-section (2), unless the total weight of such ornaments, or both articles
and ornaments, exceeds two thousand grammes. (6)
For the
purposes of this section, "family" shall be deemed to consist of-- (i)
the husband,
wife and one or more minor children, or (ii)
any two or
more of them, but shall not be deemed to include any other person. (7)
Every
licensed dealer or refiner shall make a declaration or further declaration, as
the case may be, in accordance with the provisions of this section in relation
to any gold owned, possessed, held or controlled by him in any capacity other
than the capacity of a licensed dealer or refiner and the provisions of
sub-section (5) shall not apply to such gold. Explanation.--Where
the licensed dealer or refiner is a company or other body corporate or a firm,
the declaration referred to in this sub-section shall also be made by every
director of such company or body corporate or, as the case may be, every
partner of such firm, in respect of the gold owned, possessed, held or
controlled by him in any capacity. (8)
Every
declaration made under this section shall be made in triplicate, of which one
copy shall be authenticated and signed by the Gold Control Officer and
thereafter shall be returned to the person making the declaration and the copy
so returned shall be retained by such person as evidence of the declaration
made by him under this section. (9)
Every
declaration made under this section shall be kept by the Gold Control Officer
in safe custody and the particulars thereof shall be entered in a register to
be maintained for this purpose. (10)
A person who
has made a declaration shall, as often as he acquires or parts with, after such
declaration the ownership, possession, custody or control of any quantity of
gold, endorse within thirty days from the date of such acquisition, or parting
with, of gold, in such manner as may be prescribed, on the copy of the
declaration retained by him, and shall also produce such copy, within seven
days from the date of such endorsement, before the Gold Control Officer, who
shall make necessary changes in the register referred to in subsection (9) and
also in the copy of the declaration kept in his safe custody. (11)
No person
shall own or have in his possession, custody or control any quantity of gold
which is required to be included in a declaration unless such gold has been included
in a declaration or further declaration, as the case may be: Provided
that nothing in this sub-section shall apply until the expiry of the period
within which a person is entitled to make a declaration or further declaration. (12)
A person
upon whom a penalty has been imposed or whose gold has been confiscated under
the provisions of Chapter XIII for failure to make a declaration shall, if so
directed by the authority adjudging the penalty or confiscation, make a
declaration within such time as may be specified in the direction. (13)
Where the
period prescribed or allowed under the law in force immediately before the
commencement of this Act, for any declaration to be made in respect of any
gold, had not expired before such commencement, the declaration may be made
within the period prescribed or allowed under such law. (1)
Save as
otherwise provided in this Act, no person shall either establish a refinery or
carry on business as a refiner unless he holds a valid licence issued in this
behalf by the Administrator. (2)
A licence
issued under this section,-- (a)
shall be in
such form as may be prescribed, (b)
shall be
valid for such period as may be specified therein, (c)
may be
renewed, from time to time, and [4] [(d) shall be subject to such conditions and restrictions as may be
prescribed.] (3)
Every
licence issued under Part XIIA of the Defence of India Rules, 1962, or under
the Gold (Control) Ordinance, 1968 (6 of 1968), authorising the establishment
of a refinery or carrying on of business as a refiner, shall, if in force
immediately before the commencement of this Act, continue to be in force until
the expiry of the period of its validity or until the cancellation thereof,
whichever is earlier. (4)
A person who
holds, at the commencement of this Act, a valid licence authorising him to
establish a refinery or to carry on business as a refiner shall, if he intends
to continue such business after the expiry of the period of its validity, make,
at least one month before the expiry of such period, an application (in such
form and on payment of such fees, not exceeding one hundred rupees, as may
be prescribed) for the renewal of such licence. (5)
A person who
intends to establish or commence, after the commencement of this Act, a refinery
or business as a refiner, shall make an application (in such form and on
payment of such fees, not exceeding one hundred rupees, as may be prescribed)
for the issue of a licence. [5] [(6) (a) No application for the issue of a licence to commence or
carry on business as a refiner shall be granted unless the Administrator, after
making such inquiry as he may think fit, is satisfied with regard to the
following matters, namely:- (i)
the security
of the premises where the applicant intends to carry on business as a refiner,
the suitability of such premises for being used as a refinery, and the
existence therein of arrangements for the storage of gold before and after
refining; (ii)
the existence,
in such premises, of equipment for the manufacture of standard gold bars, or
for assaying of gold, and the quality and adequacy of such equipment; (iii)
the
existence, in such premises, of facilities for the exercise of supervision and
control by the Administrator or any other person authorised by him in this
behalf; (iv)
the
competence of the applicant to manufacture standard gold bars; and (v)
such other'
matters as may be prescribed. (b) No application for the renewal of a licence to carry on business as
a refiner shall be rejected unless? (1)
the holder
of such licence has been given a reasonable opportunity of presenting his
case, and (2)
the
AdminiStrator is satisfied that (i)
the
application for such renewal has been made after the expiry of the period
specified therefor, or (ii)
the refinery
does not continue to satisfy the matters specified in sub-clause (i), (ii),
(iii) or (v) of clause (a), or (iii)
any
statement made by the applicant at the time of the issue or renewal of the
licence was incorrect or false in material particulars, or (iv)
the
applicant has contravened any term or condition of the licence or any provision
of this Act or any rule or order made,thereunder or of any other law for the
time being in force in. so far as such law prohibits or restricts -,,the
bringing into or taking out of India of any goods (including coins, currency,
whether Indian or foreign, and foreign exchange) or the dealing in such goods
by way of acquisition or otherwise. (C) Notwithstanding anything contained in clause (a) or clause (b), a
licence to commence or carry on business as a refiner shall not be issued or
renewed if the Administrator, after giving the applicant a reasonable
opportunity of presenting his case, is satisfied that the entire volume of the
refining business done, or proposed to be done, by the applicant may be conve?niently
done at a refinery established or run by Government or by a corporation owned
or controlled by Government. (d) Every order 'granting or rejecting an application for the issue or
renewal of a licence shall be made in writing.] (7)? ?Any person to whom a licence has been issued
or renewed under this section shall comply with the provisions of every law,
rule, regulation or bye-law for the time being in force relating to refineries. (8) ??A person to whom a licence
to carry on business as a refiner is issued under this section shall not carry
on business as such refiner in the same premises in which he or any other
person carries on business, whether as a dealer or otherwise, or as a
money-lender or banker who lends or advances money on the hypothecation,
pledge, mortgage or charge of any gold. (9) ??Every licensed refiner shall
ensure that every person employed by him in the refinery complies, in the
course of such employment, with the provisions of this Act or any rule or order
made thereunder and of any other law relating to gold or foreign exchange for
the time being in force. (1)
A licensed
refiner may make or manufacture standard gold bars but shall not, unless
authorised by the Administrator so to do, make, manufacture or prepare primary
gold in any other form: Provided
that such refiner may, in the process of manufacturing standard gold bars,
make, manufacture or prepare primary gold. (2)
Unless
authorised by the Administrator so to do, a licensed refiner shall not make,
manufacture, prepare, repair or polish any article or ornament. (1)
Every
licensed refiner, who makes, manufactures or prepares standard gold bars shall
put a stamp on each such gold bar certifying its purity and such stamp shall
also contain such other particulars as may be prescribed. (2)
No stamp
referred to in sub-section (1) shall be used in stamping any standard gold bar
unless such stamp has been approved by the Administrator. Subject to
the provisions of section 8, a licensed refiner may buy or otherwise acquire or
accept or otherwise receive primary gold, article or ornament from a person for
the purpose of refining such gold for making, manufacturing or preparing
standard gold bars therefrom. Save as
otherwise provided in this Act, no licensed refiner shall sell, deliver,
transfer or otherwise dispose of gold in any form, other than in the form of
standard gold bars and no such sale, delivery, transfer or disposal shall be
made to any person other than a licensed dealer or refiner or certified
goldsmith: Provided
that a licensed refiner may sell standard gold bars to any person on production
by that person of a permit granted by the Administrator in this behalf or to
such other person as the Administrator may authorise in this behalf. A licensed
refiner shall not-- (i)
buy or
otherwise acquire or accept or otherwise receive, or (ii)
melt, assay,
refine, alloy or extract gold or subject it to any other process, or (iii)
sell,
deliver, transfer or otherwise dispose of, any gold, except under such conditions,
limitations and restrictions as may be prescribed. Except in
the case of any quantity of gold acquired, accepted, bought or received after
the date of making of any return referred to in section 56, no licensed refiner
shall, in his capacity as such refiner, either own or have in his possession,
custody or control any gold which has not been included in such return: Provided
that any gold acquired, accepted, bought or received after the date of making
such return shall be included in the next succeeding return. Save as
otherwise provided in this Act, no licensed refiner shall keep in his refinery
any primary gold, article or ornament which is not a part of his stock-in-trade
or held by him in his capacity as a refiner and every primary gold, ornament or
article found in such refinery shall be deemed to be a part of his
stock-in-trade or held by him in his capacity as a refiner. If a refiner
carries on, in the same premises, the business of refining silver or other metal,
he shall carry on the business of refining gold in such part of the premises
and under such conditions, limitations and restrictions as may be specified by
the Administrator. Every person
who refines or melts silver, including its alloys, shall-- (a)
maintain a
record of gold, if any, recovered from such refining or melting; (b)
declare on
or before the fifth day of each month, in such form as may be prescribed, the
quantity of gold so recovered during the month immediately preceding; (c)
sell such
gold within a period of thirty days from the date of such declaration or within
such further period as, on sufficient cause being shown, may be allowed by the
Administrator, to a licensed refiner or, if so authorised by the Administrator
to a licensed dealer, [6] [or
to such other person or authority as may be specified by rule made in this
behalf]. (1)
Save as
otherwise provided in this Act, no person shall commence, or carry on, business
as a dealer unless he holds a valid licence issued in this behalf by the
Administrator. (2)
A licence
issued under this section,-- (a)
shall be in
such form as may be prescribed, (b)
shall be
valid for such period as may be specified therein, (c)
may be
renewed, from time to time, and [7] [(d) shall be subject td, such conditions and restrictions as may be
prescribed.] (3)
Every
licence issued under Part XIIA of the Defence of India Rules, 1962, or under
the Gold (Control) Ordinance, 1968 (6 of 1968), authorising the commencement or
carrying on of business as a dealer, shall, if in force immediately before the
commencement of this Act, continue to be in force until the expiry of the
period of its validity or until the cancellation thereof, whichever is earlier. (4)
A person who
holds, at the commencement of this Act, a valid licence authorising him to
commence or to carry on business as a dealer shall, if he intends to continue
such business after the expiry of the period of its validity, make, at least
one month before the expiry of such period, an application (in such form and on
payment of such fees, not exceeding one hundred rupees, as may be prescribed)
for the renewal of such licence. (5)
A person who
intends to commence, after the commencement of this Act, business as a dealer,
shall make an application (in such form and on payment of such fees, not
exceeding one hundred rupees, as may be prescribed) for the issue of a licence. [8] [(6) (a) No applicatiotx for the issue of a licence to com?mence or
carry on business as ka dealer shall be granted unless the Administrator,
having regatd to such matters as may be prescribed in this behalf and
after making such inquiry in respect of those matters as he ma think fit, is
satisfied that the licence should be issued. (b) No application for the ren wal of a licence to carry on business as
a dealer shall be rejected unless the holder of such licence has been given a
reasonable pportunity of presenting his case and unless the Administrator is
atisfled that (i)
the
application for such r(ewal has been made after the expiry of the period
specified 't erefor, or (ii)
any
statement made by th applicant at the time of the issue or renewal of the
licence was incorrect or false in material particulars, or (iii)
the
applicant has contrave d any term or condi?tion of the licence or any provision
f this Act or any rule or order made thereunder or of any ether law for the
time being in force in so far as such law phibits or restricts the bringing
into or taking out of India of any goods (including coins, currency, whether
Indian or forkign, and foreign ex?change) or the dealing in such goods byway of
acquisition or otherwise, or (iv)
the
applicant does not fulfil the prescribed conditions.] (c) Every order granting or rejecting ari application for the issue or
renewal of a licence shall be made irk writing.";] [9] [(6a) Where the Central Government, ha ing regard to the quantity of
gold produced in India and the sup ly therein of gold through lawful channels,
is of opinion that it is necessary or expedient in the interests of the general
public so to do, it may, notwithstanding anything contained in this section,
direct the Administrator to restrict or reduce the number of licensed dealer to
such extent and in such manner as may be specified by rules made in this
behalf: Provided
that no such rules shall come into force until the expiry of the period
referred to in sub-section (3) of section 114 and if, before the expiry of the
said period, both Houses of Parliament agree in Making any modification in the
rule or both Houses of Parliament agree that the rule should not be made, the
rule shall come into force only in such modified form or be of no effect, as
the case may be.] (7) ? (a) The Administrator
shall specify in each licence granted to a dealer, the premises in which such
dealer shall carry on business and no other person shall carry on business as a
dealer in the said premises. (b) A licensed dealer shall not carry on business as such dealer in any
premises other than the premises specified in his licence. (8) ???Every licensed dealer shall
ensure that every artisan or other person employed by him complies, in the
course of such employment, with the provisions of this Act or any rule or order
made thereunder and of any other law relating to gold or foreign exchange for
the time being in force. No licensed
dealer shall, unless authorised by the Administrator so to do,-- (a)
carry on
business as a money-lender or banker on the security of any article, or
ornament, or both, (b)
permit any
other person to carry on money-lending, banking or any other business, in the
same premises in which he carries on business as such dealer. Subject to
the other provisions of this Act, a licensed dealer may make, manufacture,
prepare, repair, polish or process ornaments and may also repair or polish
articles but shall not, unless authorised by the Administrator so to do, make,
manufacture or prepare any primary gold or article: Provided
that such dealer may, in the process of making, manufacturing, preparing or
repairing ornaments, make, manufacture or prepare primary gold (other than
standard gold bar) by melting, processing or converting any article, ornament
or standard gold bar acquired, accepted or received by him in accordance with
the provisions of Part XIIA of the Defence of India Rules, 1962, or, as the
case may be, the Gold (Control) Ordinance, 1968 (6 of 1968) or of this Act. (1)
Every
licensed dealer shall stamp every piece of article or ornament made,
manufactured or prepared by him certifying the purity of the gold: Provided
that nothing in this section shall apply to any article or ornament on which,
owing to its nature or the smallness of its size, it is not possible to put
such a stamp. (2)
Every stamp
referred to in sub-section (1) shall also contain such other particulars as may
be prescribed. Save as
otherwise provided in this Act, no licensed dealer shall buy or otherwise
acquire or agree to buy or otherwise acquire or accept or otherwise receive or
agree to accept or otherwise receive any article, ornament or primary gold from
a person who is not a licensed dealer or refiner: Provided
that any such dealer may buy or otherwise acquire or accept or otherwise
receive or agree to buy or otherwise acquire or accept or otherwise receive
from a person who is not a licensed dealer or refiner,-- [10] [(i) any ornament, unless he knows or has reason to believe that such
ornament, being required to be included in a declaration, has not been so
included,] (ii) ??any article which, being
required to be included in a declaration has been so included, or where such
article is not required to be included in a declaration, if the sale,
delivery, transfer or disposal of such article has been authorised by the
Administrator, (iii) ??any primary gold, if the
person selling, delivering, transferring, or otherwise disposing of the same
has been authorised so to do by the Administrator: Provided
further that where any such dealer has delivered any article, ornament or
primary gold to his artisan or a certified goldsmith, for the purpose of
making, manufacturing, preparing, repairing or polishing any ornament, he may,
after such ornament has been made, manufactured, prepared, repaired or
polished, take back such ornament from the artisan or certified goldsmith, as
the case may be. [11] [32. (1) Save as otherwise provided in this Act, no licensed dealer
shall have, at any time, in his possession or custody primary goid in any form
except in the form of standard gold bars: Provided
that nothing in this section shall apply to primary gold which is obtained in
the process of, or in connection with, the making, manufacturing, preparing or
repairing of one or more articles or ornaments, if the total quantity of such
primary gold in the pos?session or custody of such dealer does not, at any
time, exceed? (a)
four hundred
grammes, if he does not employ any artisans, (b)
five hundred
grammes, if he employs not more than ten artisans, (c)
one thousand
grammes, if he employs more than ten but not more than twenty artisans, (d)
two thousand
grammes, if he employs more than twenty artisans: Provided
further that the Central Government may, having regard to the needs of the
trade, volume' of business and the interests of the general public, increase
the quantitative limits specified in the foregoing proviso. (2) ?Where a licensed dealer has
cut a standard gold bar and has transferred or delivered a part thereof to a
certified goldsmith or an artisan for the purposes specified in section 35, he
may, notwith?standing anything contained in sub-section (1), have in his posses?sion
or custody the remnant of such bar which is left with him, and in comp Ling the
quantitie specified in the first proviso to sub-section (1), such remnant shall
be excluded.] No licensed
dealer shall keep in the premises where he carries on business as such dealer
any primary geld, article or ornament which is not a part of his stock-in-trade
or held by him in his capacity as a dealer and every primary gold, ornament or
article found in such premises shall be deemed to be a part of the
stock-in-trade of such dealer or held by him in his capacity as a dealer. (1)
A licensed
dealer may sell, deliver, transfer or otherwise dispose of or agree to sell,
deliver, transfer or otherwise dispose of ornaments to any person. (2)
Save as
otherwise provided in this Act, no licensed dealer shall-- (a)
sell,
deliver, transfer or otherwise dispose of or agree to sell, deliver, transfer
or otherwise dispose of, or (b)
expose or
offer for sale, delivery, transfer or disposal-- (i)
primary gold
to any person other than a licensed dealer or refiner or certified goldsmith, (ii)
any article
to any person other than a licensed dealer or refiner: Provided
that a licensed dealer shall not sell or transfer primary gold to any other
licensed dealer or to any certified goldsmith in any form except in the form of
standard gold bars. (3)
Notwithstanding
anything contained in sub-section (2), a licensed dealer may sell or deliver
primary gold or article to any person in pursuance of an authorisation made by
the Administrator or on production by that person of a permit granted by the
Administrator in this behalf. Nothing
contained in section 34 shall apply to the transfer or delivery, by a licensed
dealer, of any primary gold or article to any certified goldsmith or artisan
for the purpose of getting any ornaments made, manufactured, prepared, repaired
or polished by such certified goldsmith or artisan. Every
acquisition, acceptance, sale, delivery, transfer or disposal of gold by a
licensed dealer shall be made in accordance with such conditions, limitations
and restrictions as may be prescribed in this behalf. A licensed
dealer may, in the course, and for the purpose, of manufacturing ornaments,
send gold to any other dealer who possesses equipment for drawing wires or for
die-casting or who is a specialist in stone-setting engraving, enamelling,
polishing or any other special process necessary for or ancillary to the
making, manufacturing, preparing, repairing or polishing of such ornament and
that other dealer shall return such gold to the licensed dealer from whom he
had received it after the completion of the process for which it was sent to
him. Except in
the case of any quantity of gold acquired, accepted or received after the date
of making of any return referred to in section 56, no licensed dealer shall, in
his capacity as such dealer, either own or have in his possession, custody or
control any gold which has not been included in such return: Provided
that any gold acquired, accepted or received after the date of making such
return shall be included in the next succeeding return. (1)
Save as
otherwise provided in this Act, no person shall commence, or carry on, business
as a goldsmith after the commencement of this Act, unless he holds a valid
certificate recognizing him as a goldsmith. (2)
The certificate
referred to in sub-section (1) -- (a)
shall be in
such form as may be prescribed, (b)
shall be
valid until the death of the holder, or the cancellation, thereof, whichever is
earlier, and [12] [(c) shall be subject fo such conditions and restrictions as may be
prescribed.] (3)
Every
certificate granted to a person under Part XIIA of the Defence of India Rules,
1962, or under the Gold (Control) Ordinance, 1968 (6 of 1968), recognizing him
as a goldsmith, shall, if in force immediately before the commencement of this
Act, continue to be in force until the death of the holder, or the
cancellation, thereof, whichever is earlier. (4)
On and from
the commencement of this Act, the following classes of persons shall be
eligible to apply for the grant of a certificate namely:-- (a)
a person who
had been carrying on business as a goldsmith for more than a year immediately
before the commencement of Part XIIA of the Defence of India Rules, 1962; (b)
a person
who, at the commencement of this Act, is a member of the family of a certified
goldsmith and had been assisting him in his work as a goldsmith for not less
than one year; (c)
a person who
has received any loan from the Government under any scheme for the
rehabilitation of goldsmiths and has made, within six months from the
commencement of this Act, an application for the grant of a certificate: Provided
that a certificate granted to such person shall be cancelled unless he repays
the loan, within a period of two years from the date of the grant of such
certificate, in such instalments as the authority by which the loan was granted
may specify in this behalf; (d)
an artisan
if he surrenders his identity card as an artisan; [13] [(e) a person who belon4 to a prescribed category or class to which, in
the opinion of the Central Government, the certificate may be granted.] Explanation.--A
person who is engaged as a hired labourer by a certified goldsmith shall not be
eligible to receive a certificate under this section. [14] [(4A) Where the Central GOyernment, having regard to the interests of
the general public, ist of opinion that for the continuance or development of
the indttry of semi-manufactures and manufactures of gold, it is necessary so
to do, it may, notwithstanding anything contained in sul)-section (4), by
notification, empower the Administrator to entertain applications for the grant
of certificates referred to in sub-sektion (1), from persons who possess such
qualifications and fulfil such conditions as may be prescribed.] (5)
Every
application for the grant of a certificate referred to in sub-section (1) shall
be made in such form, in such manner and on payment of such fee, not exceeding
ten rupees, as may be prescribed. (6)
On receipt
of an application for the grant of a certificate, the Administrator may, after
making such inquiry, if any, as he may consider necessary as to the antecedents
of the applicant, his competence to work as a goldsmith and his suitability for
the grant of a certificate, by order, in writing, either grant the certificate
or reject the application for the same. (7)
Every certified
goldsmith shall have in his possession the certificate granted to him while he
carries on business as such goldsmith and shall produce it for inspection on
demand by any Gold Control Officer. (8)
A certified
goldsmith may engage not more than one hired labourer to assist him in his work
as a goldsmith but such hired labourer shall not make, manufacture, prepare,
repair or process any article or ornament. A certified
goldsmith may make, manufacture, prepare, repair, polish or process ornaments
and may also repair or polish articles but shall not, unless authorised by the
Administrator so to do, make, manufacture or prepare any primary gold or
article: Provided
that, subject to the provisions of section 42, a certified goldsmith may, in
the process of making, manufacturing, preparing or repairing ornaments, make,
manufacture or prepare primary gold (other than standard gold bar) by melting,
processing or converting any article, ornament or standard gold bar acquired,
accepted or received by him in accordance with the provisions of Part XIIA of
the Defence of India Rules, 1962, or, as the case may be, the Gold
(Control) Ordinance, 1968 (6 of 1968), or of this Act. A certified
goldsmith-- (a)
may-- (i)
buy standard
gold bars from a licensed dealer or refiner, (ii)
accept or
otherwise receive any article, ornament or primary gold from a licensed dealer
for the purpose of making, manufacturing, preparing, or repairing ornaments for
such licensed dealer, (iii)
accept or
otherwise receive, subject to the provisions of section 8, from any other
person any article or ornament for the purpose of making, manufacturing or
preparing ornament for such person or for the purpose of repairing or polishing
such article or ornament; (b)
shall not,
save as otherwise provided in this Act, buy or agree to buy or sell or agree to
sell any primary gold, article or ornament. No certified goldsmith shall either own or have at any
time in his possession, custody or control any quantity of-- (i) ???standard gold bars in excess of one hundred
grammes, or (ii) ???any quantity of primary gold (including
standard gold bars) in excess of three hundred grammes. The provisions of section 37 shall apply so far as may be
to a certified goldsmith as they apply to a licensed dealer subject to the
modification that every reference therein to a licensed dealer shall be
construed as a reference to a certified goldsmith. (1) A licensed
dealer may employ, whether on a whole-time or part-time basis or on payment of
daily wages or other remuneration, an artisan-- (a) who is or
was a dealer or a goldsmith or was employed by a dealer, for a period of not
less than one year immediately preceding the commencement of Part XIIA of the
Defence of India Rules, 1962, or at any time thereafter but before the
commencement of this Act, or (b) who is
eligible to obtain a certificate recognizing him as a goldsmith. (2) No person
shall be employed by any licensed dealer as an artisan unless an identity card
has been given to such artisan by the licensed dealer and no artisan, the
countersignature of whose identity card has been refused or whose identity card
has been cancelled, shall be employed by a licensed dealer after such refusal
or cancellation. (3) Before
employing an artisan, a licensed dealer shall make inquiries as to the
antecedents of the artisan and grant him an identity card, in such form and
containing such particulars as may be prescribed, and enter the name and the
prescribed particulars of such artisan in a register to be maintained in such
form as may be prescribed and shall send such identity card within one month
from the date of issue thereof to the Gold Control Officer for approval and
countersignature. (4) On receipt
of the identity card of an artisan under this Act the Gold Control Officer may,
after making such inquiry, if any, as he may consider necessary, either
countersign the identity card or if he is of opinion that the applicant is not
a suitable person for employment as an artisan, refuse in writing to
countersign such identity card. (5) The Gold
Control Officer may, if he is satisfied that the particulars of an artisan, as
entered in the register referred to in subsection (3) are incorrect or false in
material particulars or that the artisan has contravened any provision of this
Act or any rule or order made thereunder or of any other law relating to gold
or foreign exchange for the time being in force, cancel the identity card of
such artisan: Provided that no such cancellation shall be made unless
the artisan has been given a reasonable opportunity of showing cause against
the proposed action. (6) The
identity card,-- (a) of an
artisan, who is dismissed by the dealer by whom he is employed, or (b) the
countersignature of which has been refused, or (c) which has
been cancelled, shall be immediately recovered by the licensed dealer by whom
the artisan holding such card is employed and such dealer shall immediately
recover all the quantity of gold which was in the possession, custody or
control of such artisan on the date of such dismissal, refusal or cancellation,
as the case may be. (7) No
licensed dealer or certified goldsmith shall accept employment as an artisan
unless he has, before commencing work as an artisan, surrendered his licence or
certificate, as the case may be, to the Gold Control Officer: Provided that where such licensed dealer or certified
goldsmith makes an application to the effect that he intends to resume business
as such dealer or goldsmith, the licence or certificate, as the case may be,
which was surrendered by him may be restored to him and thereupon he shall
surrender the identity card which was granted to him under this section: Provided further that no such restoration shall be made
if such dealer or goldsmith has, while functioning as an artisan, contravened
any provision of this Act or of any rule or order made thereunder or of any
other law, for the time being in force, relating to gold or foreign exchange. Subject to the other provisions of this Act, an artisan
may make, manufacture, prepare, repair or polish ornaments, and may also repair
or polish an article, for the dealer by whom he is employed, but shall not,
unless the dealer by whom he is employed is authorised by the Administrator, so
to do, make, manufacture or prepare any primary gold or article: Provided that such artisan may, in the process of making,
manufacturing, preparing or repairing ornaments, make, manufacture or prepare
primary gold (other than standard gold bar) by melting, processing or
converting any article or ornament or standard gold bar received by him from
the licensed dealer by whom he is employed. [15] [46.
Limits on primary gold which an artistisan have in his possession The total quantity of primary gold ip the possession or
cus- Limits tody, whether individually or collectively, of the artisans
employed by may gold a licensed dealer shall not, at any time, exceed the
quantitative limit which an applicable, under sub-section (1) of section 32 to
such dealer.] (1) An Artisan
may accept article, ornament or primary gold from the licensed dealer by whom
he is employed for the purpose of making, manufacturing, preparing, repairing
or polishing ornaments for such dealer. (2) No artisan
shall save as otherwise provided in this Act,-- (i) buy or
otherwise acquire or agree to buy or otherwise acquire, or (ii) accept or
otherwise receive or agree to accept or otherwise receive, or (iii) sell,
deliver, transfer or otherwise dispose of or agree to sell, deliver, transfer
or otherwise dispose of, any article, ornament or primary gold. An artisan shall not work as such at any place other than
the premises specified in the licence issued to the dealer by whom he is
employed. Every artisan shall have in his possession the identity
card granted to him while he carries on work as such artisan and shall produce
it for inspection on demand by any Gold Control Officer. (1) The
Administrator may, if he has any reasonable cause to believe that the holder of
any licence or certificate issued, renewed or continued under this Act has made
any statement in, or in relation to, any application for the issue or renewal
of a licence or for the issue of a certificate under this Act which is incorrect
or false in material particulars or has contravened any provisions of Part XIIA
of the Defence of India Rules, 1962, the Gold (Control) Ordinance, 1968 (6 of
1968), or of this Act or any rule or order made thereunder or of any other law
for the time being in force which prohibits, restricts or regulates the
bringing into or taking out of India of any goods [including coins, currency
(whether Indian or foreign) and foreign exchange] or the carrying, removing,
depositing, harbouring, keeping, concealing, selling or purchasing such goods
or the making of any payment in relation to such goods [16] [suspend
such licence or certificate, as therase may be: Provided that no such licence or certificate shall be
suspended for a period exceeding ten days unless the holler thereof has been
given a reasonable opportunity of showi g cause against the proposed
action.],-- [17] [***] (ii) ???cancel such licence or certificate, as the
case may be: Provided that no such licence or certificate shall be
suspended for a period exceeding ten days or cancelled unless the holder
thereof has been given a reasonable opportunity of showing cause against the
proposed action. [18] [(1A) The
Administrator may, if he is satisfied, after making such inquiry as he may
think fit, that the holder of any licence or certificate issued, renewed or
continued under this Act has made such incorrect or false statement as is
referred to in sub?section (1) or has contravened the provisions of such law,
rule or order as is 'referred to in that sub-section, cancel such licence or
certificate, ds the case may be: Provided that no licence or certificate shall be
cancelled un?less the holder thereof has been given a reasonable opportunity of
showing cause against the proposed action.] (2) Every
person whose licence or certificate has been suspended shall, immediately after
such suspension, stop functioning as such licensee or holder of such
certificate and shall not resume business as such licensee or holder of such
certificate until the order of such suspension has been vacated. (3) Every
person who holds a licence or certificate which is suspended or cancelled
shall, immediately after such suspension or cancellation, surrender such
licence or certificate, as the case may be, to the authority by which such
licence or certificate was issued. A licensed dealer or refiner or a certified goldsmith who
discontinues, or intends to discontinue, business as such dealer or refiner or
certified goldsmith, may make an application to the Administrator for the
cancellation of his licence or certificate, as the case may be, and thereupon
the Administrator may cancel the licence or certificate which was issued or
renewed to such dealer or refiner or certified goldsmith. Where any firm has been licensed under this Act to carry
on business as a dealer or refiner, such licence shall, notwithstanding
anything contained in this Act, become invalid on and from the date on which
there is a change in the partnership of such firm, unless such change in the
partnership has been approved by the Administrator. Where the period of validity of any licence issued to a
dealer or refiner has expired or where any application for the renewal of such
licence, has been rejected, or where such licence or a certificate granted to a
goldsmith has been cancelled, such dealer, refiner or certified goldsmith, as
the case may be, shall, within thirty days from the date of such expiry,
rejection or cancellation,-- (i) sell or
otherwise transfer to any other licensed dealer or refiner the entire quantity
of gold (other than ornaments) in his possession, custody or control on the
date of such expiry, rejection or cancellation, as the case may be, and send
intimation thereof to the Administrator; and (ii) either
sell or otherwise transfer or take over as personal property any ornament which
is in his possession, custody or control on the said date. Every licensed dealer and every licensed refiner shall
display his licence at a conspicuous place of the premises in which he carries
on business as a licensed dealer or refiner. (1) Every
licensed dealer, every licensed refiner and every certified goldsmith shall
keep, in such form and in such manner as may be prescribed, a true and complete
account of the gold owned, possessed, held, controlled, bought or otherwise
acquired, or accepted or otherwise received, or sold, delivered, transferred or
otherwise disposed of, by him in his capacity as such licensed dealer or
refiner or certified goldsmith, as the case may be, and different forms of
accounts may be prescribed for different classes of licensed dealers, refiners
or certified goldsmiths. (2) Every
licensed dealer, every licensed refiner and every certified goldsmith shall as
and when he buys or otherwise acquires or accepts or otherwise receives, or
sells, delivers, transfers or otherwise disposes of, any gold, enter in the
accounts referred to in subsection (1) the prescribed particulars of such gold
and the prescribed particulars of the person from whom such gold was bought,
acquired, accepted or otherwise received or to whom such gold was sold,
delivered, transferred or otherwise disposed of. (3) No
licensed dealer or refiner and no certified goldsmith shall, in his capacity as
licensed dealer or refiner, either own or have in his possession, custody or
control any gold which has not been included in the accounts referred to in
sub-section (1). (1) Every
licensed dealer, every licensed refiner and every certified goldsmith shall
furnish to the Administrator such returns as to the quantity, description and
other prescribed particulars of gold owned, possessed, held or "controlled
by him, in such form and within such time as may be prescribed and different
returns may be prescribed for different classes of licensed dealers or refiners
or certified goldsmiths. (2) Every
return shall be made in triplicate, of which one copy shall be authenticated
and signed by the Gold Control Officer and thereafter shall be returned to
the dealer or, as the case may be, the refiner and the copy no returned shall
be retained by the dealer or refiner as the evidence of the return made by him
under this section. (1) Every
licensed dealer, and every licensed refiner and every certified goldsmith
shall, if so required by the Gold Control Officer,-- (a) produce
before him any accounts, register or other documents, and (b) furnish to
the Gold Control Officer any information relating to any gold owned by him or
in his possession, custody or control or to the acceptance, receipt,
acquisition, sale, delivery, transfer or other disposal of any gold by him. (2) Every
account, register and other document relating to any gold or to the acceptance,
acquisition, receipt, sale, delivery, transfer or other disposal thereof and
any gold owned by or in the possession, custody or control of any licensed
dealer or refiner or certified goldsmith, wherever kept, shall be liable to be
inspected by any Gold Control Officer and such officer may, for the purposes of
such inspection, enter, at any reasonable time, the business premises of a
licensed dealer or refiner or certified goldsmith. (1) Any Gold
Control Officer authorised in this behalf by the Administrator may, if he has
any reason to suspect that any provision of this Act has been, or is being, or
is about to be, contravened, enter and search, at any reasonable time, any
refinery or the business premises of a licensed dealer or a certified
goldsmith. (2) Any Gold
Control Officer, not below the rank of a Superintendent of Central Excise,
empowered in this behalf by the Central Government, may, if he has any reason
to suspect that any provision of this Act has been, or is being, or is about to
be, contravened authorise any officer of Government to enter and to search any
premises, vaults, lockers, or any other place, whether above or below ground,
or may himself do so. Any Gold Control Officer authorised in this behalf by the
Administrator may, if he has any reason to suspect that any person has secreted
about his person or in any other thing,-- (a) any gold
in respect of which he suspects that any provision of this Act has been or is
being or is about to be contravened; (b) any
document which, in his opinion, will be useful for, or relevant to, any inquiry
or proceeding in relation to the contravention of any provision of this Act or
of any rule or order made thereunder, detain and search such person or thing:
provided that the period of detention, if any, under this section shall not
exceed twenty-four hours. (1) When any
such officer referred to in section 59 is about to search the person referred
to in that section, he shall, if such person so requires, take such person
without any unnecessary delay, to the nearest Gold Control Officer of gazetted
rank (hereafter In this section referred to as the gazetted officer) or to the
nearest magistrate. (2) If such
requisition is made, the Gold Control Officer may detain the person making it
until he can bring him before the gazetted officer or magistrate referred to in
sub-section (2). (3) The
gazetted officer or magistrate before whom any person is brought shall, if he
sees no reasonable ground for search, forthwith discharge the person but
otherwise shall direct that search be made. (4) No female
shall be searched by any one excepting a female. Any Gold Control Officer authorised in this behalf by the
Administrator may, if he has any reason to suspect that any conveyance or
animal is being, or is about to be, used for the transport of any gold in
respect of which he suspects that any provision of this Act has been, or is
being, or is about to be, contravened, at any time stop such conveyance or
animal, or, in the case of an aircraft, compel it to land, and (a) rummage
and search the conveyance or part thereof; (b) examine
and search any goods in the conveyance or on the animal; (c) if it
becomes necessary to stop any conveyance or animal, he may use all lawful means
for stopping it, and where such means fail, the conveyance or animal may be
fired upon. Explanation--Any reference to a conveyance in this
Chapter and in Chapters XIII, XIV and XV shall, unless the context otherwise
requires, be construed as including a reference to any aircraft, vehicle or
vessel. Every person making a search under this Act shall have
the power to break open the lock of any door, almirah, safe, box, cupboard,
drawer, package or any other thing, if the key thereof is withheld. (1) Any Gold
Control Officer of a gazetted rank shall have power to summon any person whose
attendance he considers necessary either to give evidence or to produce any
document or other thing in any inquiry which such officer is making in
connection with any contravention of any provision of this Act. (2) A summons
to produce documents or other things may be for the production of certain
specified documents or things or for the production of all documents or things
of a certain description, in the possession, custody or control of the person summoned. (3) All
persons so summoned shall be bound to attend in person and to state the truth
upon any subject respecting which they are summoned and produce such documents
and other things as may be required: Provided that where any person has been summoned merely
to produce a document or other thing, he shall be deemed to have complied with
the summons if he causes such document or other thing to be produced instead of
attending personally to produce the same: Provided further that the exemption under section
132 of the Code of Civil Procedure, 1908 (5 of 1908), shall be applicable
to any requisition for attendance under this section. (4) Every such
inquiry as aforesaid shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 of the Indian Penal Code
(45 of 1860). Any Gold Control Officer may, during the course of any
inquiry in connection with the contravention of any provision of this Act,-- (a) call for
information from any person for the purpose of satisfying himself whether there
has been any contravention of the provisions of this Act or any rule or order
made thereunder; (b) require
any person to produce or deliver any document or thing useful for, or relevant
to, the inquiry; (c) examine any
person acquainted with the facts and circumstances of the case. Any document or other thing which is produced before any
Gold Control Officer, in pursuance of the provisions of section 63 or section
64, may be impounded or retained in his custody by such officer for such period
as he may consider necessary: Provided that no document or other thing shall be-- (a) impounded
without recording reasons for so doing, or (b) retained
in the custody of such officer for a period exceeding fifteen days (exclusive
of holidays) unless he has obtained the approval of an officer (not below the
rank of an Assistant Collector of Central Excise or of Customs), who is
superior to him in rank, for so doing. (1) If any
Gold Control Officer has reason to believe that in respect of any gold any
provision of this Act has been, or is being, or is attempted to be,
contravened, then, he may seize-- (a) such gold
along with the package, covering or receptacle, if any (and the contents
thereof), in which the gold is found; (b) any other
goods in which any quantity of such gold has been mixed. (2) Any Gold
Control Officer may seize-- (a) any
document or other thing which, in his opinion, will be useful for, or relevant
to, any inquiry or proceeding for the contravention of any provision of this
Act or any rule or order made thereunder; (b) any
conveyance or animal which has been, or is being, or is attempted to be, used
for the transport of any gold in relation to which any provision of this Act or
any rule or order made thereunder has been, or is being, or is attempted to be,
contravened. (3) Any
document or other thing seized under sub-section (2) shall not be retained by
the Gold Control Officer for a period exceeding six months from the date of the
seizure unless the reasons for retaining the same are recorded by him in
writing and the approval of the Administrator for such retention is obtained: Provided that the Administrator shall not authorise the
retention of the document or other thing for a period exceeding thirty days
after all proceedings, for which the document or other thing is useful or
relevant, are completed. (4) The person
from whose custody any document or other thing is seized under sub-section (2)
may make copies thereof or take extracts therefrom in the presence of the Gold
Control Officer or any other person empowered by him in this behalf, at such
place and at such time as the Gold Control Officer may appoint in this behalf. (5) If a
person legally entitled to the document or other thing seized under sub-section
(2) objects for any reason to the approval being given by the Administrator
under sub-section (3), he may make an application to the Central Government
stating therein the reasons for such objection and requesting for the return of
the document or other thing. (6) On receipt
of the application under sub-section (5) the Central Government may, after
giving the applicant an opportunity of being heard, pass such orders as it may
think fit. Where any document is produced by any person under this
Act or has been seized thereunder from the custody or control of any person and
such document is tendered by the prosecution in evidence against him, the court
shall, notwithstanding anything to the contrary contained in any other law for
the time being in force,-- (a) presume,
unless the contrary is proved, that the signature and every other part of such
document which purports to be in the handwriting of any particular person or
which the court may reasonably assume to have been signed by or to be in the
handwriting of, any particular person, is in that person's handwriting, and in
the case of a document executed or attested, that it was executed or attested
by the person by whom it purports to have been so executed or attested; (b) admit the
document in evidence, notwithstanding that it is not duly stamped if such
document is otherwise admissible in evidence. (1) Any Gold
Control Officer authorised by the Administrator in this behalf may, if he has
reasons to believe that any person has contravened, or is contravening, or is
about to contravene any provision of this Act, arrest such person and shall as
soon as possible inform him of the grounds for such arrest and shall take such
arrested person to the nearest magistrate within a period of twenty-four hours
of such arrest excluding the time necessary for the journey from the place of
arrest to the court of the magistrate and no such person shall be detained in
custody beyond the said period without the authority of a magistrate. (2) Any
officer who has arrested any person under this section shall, for the purpose
of releasing such person on bail or otherwise, have the same powers and be
subject to the same provisions as the officer-in-charge of a police station
has, and is subject to, under the Code of Criminal Procedure, 1898 (5 of 1898). The provisions of sections 102 and 103 of the Code of
Criminal Procedure, 1898 (5 of 1898), relating to search and seizure shall, so
far as they are applicable, apply in relation to every search made under this
Act and to every seizure made in the course of such search. Where at the time of arrest or seizure under this Act, or
the detection of any contravention of any provision of this Act or any rule or
order made thereunder, any person makes a statement to the officer making such
arrest, seizure or detection, that officer shall record in writing the
statement of such person in as nearly as possible the language in which such
statement is made and shall on demand by such person furnish him with a copy of
the statement. [19] [(1) Any
old in respect of which any provision of this. Act or any rule or rder made
thereunder has been, is being, or is attempted to e, contravened, together with
any ackage, covering-or recept le in which such gold is found, shall be liable
to confiscation: provided that where it is established to the
Satisfaction of the officer adjudging the confiscation that such gold or other
thing belongs to a person other than the person who as has, any act or omission
was without the Knowledge or connivance the person to whom it belongs, it shall
not be ordered to be confiscated but such other action, as is authorished by
this act, may be taken againt the person who has, by such act or ommision,
rendered it liable to confiscation.] [20] [(2)
Where ny package, covering or receptale referred to in sub-section (1) contains
any other goods, such ontents shall also be liable to confiscation.] [21] [(3)
Where any gold liable to confiscation under sub-section (1) it shall be so
liable notwithstanding any change in its form, and where such gold is mixed
with other goods whole of such goods, inculding the gold, shall be liable to
confiscation.] [22] [(4) On
and fro the commencement of the Gold (Control) Amendment, Act; 1971, the
proviso to Subsection (1)' shall also apply to any gold or other thing which is
liable to oonfiscation under sub-section (2) or sub-section (3)] Any conveyance or animal which has been, or is being, or
is attempted to be, used for the transport of gold in relation to which any
provision of this Act or any rule or order made thereunder has been, or is
being, or is attempted to be, contravened, shall be liable to confiscation
unless the owner of the conveyance or animal proves that it was so used or about
to be used without the knowledge or connivance of the owner himself, his agent,
if any, and the person in charge of the conveyance or animal and that each of
them had taken all reasonable precautions against such use: Provided that where any such conveyance or animal is used
for the transport of goods or passengers for hire, the owner of the conveyance
or animal shall, notwithstanding the provisions contained in section 73, be
given an option to pay in lieu of confiscation of the conveyance or animal, a fine
not exceeding the value of the gold in relation to which the provision of this
Act or any rule or order made thereunder has been, or is being, or is about to
be, contravened. Whenever any confiscation is authorised by this Act, the
officer adjudging it may, subject to such conditions as may be specified in the
order adjudging the confiscation, give to the owner thereof an option to pay in
lieu of confiscation such fine, not exceeding [23] [***]
the value of the thing in respect of which confiscation is authorised, as the
said officer thinks fit. Any person who, in relation to any gold does or omits to
do any act which act or omission would render such gold liable to confiscation
under this Act, or abets the doing or omission of such an act, or is in charge
of the conveyance or animal which is liable to confiscation under this Act,
shall be liable to a penalty not exceeding five times the value of the gold or
one thousand rupees, whichever is more, whether or not such gold has been
confiscated or is available for confiscation. Any person who contravenes any provision of this Act or
any rule or order made thereunder or abets any such contravention or who fails
to comply with any provision of this Act, or any rule or order made thereunder
shall, where no express penalty is elsewhere provided for such contravention or
failure, be liable to such penalty, not exceeding one thousand rupees, for
every such contravention, failure or abetment, as the case may be. Any reference to gold in this Chapter and in Chapters
XII, XIV, XV and XVI shall, unless the context otherwise requires, be construed
as including a reference to any article or thing made of, or containing, gold
of any purity, whether such purity exceeds nine carats or not. No confiscation made or penalty imposed under this Act
shall prevent the infliction of any other punishment to which the person
affected thereby is liable under the provisions of this Act or under any other
law. Any confiscation may be adjudged or penalty may be
imposed under this Act-- (a) without
limit, by a Gold Control Officer not below the rank of a Collector of Central
Excise or of Customs; (b) subject to
such limits as may be specified in this behalf, by such other Gold Control
Officer, not below the rank of a Superintendent of Central Excise, as the
Central Government may, by notification, authorise in this behalf. No order of adjudication of confiscation or penalty shall
be made unless the owner of the gold, conveyance, or animal or other person
concerned is given a notice in writing-- (i) informing
him of the grounds on which it is proposed to confiscate such gold, conveyance
or animal or to impose a penalty; and (ii) giving him
a reasonable opportunity of making a representation in writing within such
reasonable time as may be specified in the notice against the confiscation or
imposition of penalty mentioned therein and, if he so desires, of being heard
in the matter: Provided that the notice and the representation referred
to in this section may, at the request of the owner or other person concerned,
be oral: Provided further that where no such notice is given
within a period of six months from the date of the seizure of the gold,
conveyance or animal or such further period as the Collector of Central Excise
or of Customs may allow, such gold, conveyance or animal shall be returned
after the expiry of that period to the person from whose possession it was
seized. Explanation.--Where any fresh adjudication is ordered
under this Act, the period of six months specified in the second proviso shall
be computed from the date on which such order for fresh adjudication is made. (1) Any person
aggrieved by any decision or order made under this Act, may prefer an appeal,-- (a) where the
decision or order has been made by a Collector of Central Excise or of Customs,
as the case may be, to the Administrator; (b) where the
decision or order has been made by any officer below the rank of a Collector of
Central Excise or of Customs, as the case may be,-- (i) to the
Collector of Central Excise or of Customs, as the case may be, to whom the
officer who made such decision or order is subordinate, or (ii) if the
Central Government so directs, to the Appellate Collector of Customs, within a
period of three months from the date of communication to such person of the
decision or order: Provided that the appellate authority may, if it is
satisfied that the appellant was prevented by sufficient cause from preferring
an appeal within the aforesaid period of three months, allow such appeal to be
preferred within a further period of three months. (2) The
appellate authority may, after giving to the appellant an opportunity of being
heard, if he so desires, and after making such further inquiries, if any, as it
may consider necessary, pass such order as it thinks fit, confirming, modifying
or reversing the decision or order appealed against, or may send back the case,
with such directions, as it may think fit, for a fresh adjudication or
decision, as the case may be, after taking additional evidence, if necessary: Provided that an order enhancing any penalty or fine in
lieu of confiscation or confiscating goods of greater value shall not be made
under this section unless the appellant has had an opportunity of making a
representation and, if he so desires, of being heard in his defence. The Administrator may, of his own motion or otherwise,
call for and examine the record of any proceeding in which any order of
adjudication of confiscation or penalty, or any other decision or order has
been made by any Gold Control Officer and against which no appeal has been preferred,
for the purpose of satisfying himself as to the correctness, legality or
propriety of such order or decision and may pass such orders thereon as he may
think fit: Provided that no decision or order shall be varied under
this section so as to prejudicially affect any person unless such person-- (a) has within
a period of two years from the date of such decision or order received a notice
to show cause why such decision or order shall not be varied, and (b) has been
given a reasonable opportunity of making a representation and, if he so
desires, of being heard, in his defence. (1) The
Central Government may, on the application of any person aggrieved by any
decision given or order made under this Act from which no appeal lies, pass
such orders as it may think fit if such application has been made within six
months from the date of the decision or order or within such further time as
the Central Government may allow. (2) The
Central Government may, on its own motion or otherwise, call for and examine
the record of any proceeding in which any decision or order has been made on
appeal for the purpose of satisfying itself as to the correctness, legality or
propriety of such decision or order and may pass such order thereon as it may
think fit. (3) No
decision or order shall be varied under this section so as to prejudicially
affect any person unless such person-- (a) has within
a period of one year from the date of such decision or order, received a notice
to show cause why such decision or order shall not be varied, and (b) has been
given a reasonable opportunity of making a representation and, if he so
desires, of being heard, in his defence. (1) Every
person or authority making any adjudication or hearing any appeal or exercising
any powers of revision under this Act shall have all the powers of a civil
court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit,
in respect of the following matters, namely:-- (a) summoning
and enforcing the attendance of witnesses; (b) requiring
the discovery and production of any document; (c) requisitioning
any public record or copy thereof from any court or office; (d) receiving
evidence on affidavits; and (e) issuing
commissions for the examination of witnesses or documents. (2) Every
person or authority making any adjudication or hearing any appeal or exercising
any powers under this Act shall be deemed to be a civil court for the purposes
of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898). (3) Every
person or authority making any adjudication or hearing any appeal or exercising
any powers of revision under this Act shall have the power to make such orders
of an interim nature as it may think fit and may also, for sufficient cause,
order the stay of operation of any decision or order. Notwithstanding anything contained in any other law-- (a) any order
passed by the Administrator or the Central Government in revision, (b) subject to
such order of the Government or the Administrator, any order passed on appeal,
and (c) subject to
the final order of the Central Government or of the Administrator in revision
and the order on appeal, any order of adjudication of confiscation, fine or
penalty, or any other decision given or order made under this Act, shall be
final and shall not be called in question in any court except in a High Court
and except on a question of law. Whoever, in contravention of the provisions of this Act
or any rule or order made thereunder,-- (i) makes,
manufactures, prepares or processes any primary gold, or (ii) owns or
has in his possession, custody or control any primary gold, or (iii) buys or
otherwise acquires, or accepts or otherwise receives, or agrees to buy or
otherwise acquire or to accept or otherwise receive, any primary gold, or (iv) sells,
delivers, transfers; or otherwise disposes of, or agrees to sell, deliver,
transfer or otherwise dispose of, or exposes or offers for sale, delivery,
transfer or disposal, any primary gold, or (v) melts,
assays, refines, extracts, alloys, or converts any gold or subjects it to any
other process, or (vi) makes,
manufactures, prepares, repairs, polishes or processes, or places any order for
the making, manufacturing, preparing, repairing, polishing or processing of,
any article or ornament, or (vii) buys or
otherwise acquires, or accepts or otherwise receives, or agrees to buy or
otherwise acquire or to accept or otherwise receive, or sells, delivers,
transfers or otherwise disposes of, or agrees to sell, deliver, transfer or
otherwise dispose of, or exposes or offers for sale, delivery, transfer or
other disposal, any article or ornament, or (viii) owns or
has in his possession, custody or control any article or ornament, or (ix) carries on
any business or transaction in gold for which a licence or certificate is
required to be obtained by or under this Act, or (x) carries on
business as a banker or money-lender, shall, without prejudice to any other
action that may be taken under this Act, be punished with imprisonment for a
term which shall not be less than six months but not more than three years and
also with fine: Provided that the court may, if it is satisfied that the
special circumstances of the case so require, impose a sentence of imprisonment
for a term which may be less than six months. Whoever fails or omits to make a declaration [including a
declaration referred to in sub-section (12) of section 10] without any
reasonable cause or makes a declaration which is either false or which he knows
or has reason to believe to be incorrect shall, without prejudice to any other
action that may be taken under this Act, be punished with imprisonment for a
term which may extend to two years and also with fine. Whoever omits without any reasonable cause to maintain
accounts or to submit any return in accordance with the provisions of this Act
or any rule or order made thereunder or who keeps any accounts or makes any
statement in any return which is false or which he knows or has reason to
believe to be incorrect, shall, without prejudice to any other action that may
be taken under this Act be punished with imprisonment for a term which may
extend to two years and also with fine, and in the event of a second or
subsequent offence, with imprisonment for a term which shall not be less than
six months but not more than three years and also with fine. [24] [88.
Dealers, etc., when to be deemed to have abetted an offence (1) A dealer
'or refiner who knows or has reason to believe, that any person employed by him
has, in the course of such employ ment, contravened an provisions of this Act
or any rule or order made thereunder, shall tbe deemed to have abetted an
offence against this Act: Provided that no starch abetment shall be deemed to have
taken place if such dealer or efiner has, as expeditiously as possible, and in
any case before the expiry of two days from the date on which he comes to know
of the contravention or has reason to believe that such contravention has been
made, intimated in writing to the Gold Control Officer, the name.of the person
by whom such contravention was made and the date and other particulars of such
contravention. (2) Whoever is
deemed, under sub-section (1), to have abetted. an offence against this Act,
shall be punished with imprisonment for a term which may extencl',, to
three years and shall also be liable to fine.] Whoever,-- (i) counterfeits
any stamp intending that the same shall be used for stamping any standard gold
bar, article or ornament, or uses any counterfeit stamp knowing it to be
counterfeit, or (ii) falsely
stamps any primary gold, article or ornament with the intention of causing it
to be believed that such primary gold, article or ornament is of such purity as
is mentioned in such stamp, or (iii) sells,
delivers, transfers or otherwise disposes of, or agrees to sell, deliver,
transfer or otherwise dispose of, or exposes or offers for sale, delivery,
transfer, or disposal, falsely stamped primary gold, article or ornament
knowing or having reason to believe it to be so, or (iv) unlawfully
has in his possession, custody or control any implement, instrument, apparatus,
appliance, machinery or other equipment or any chemical, mould, stamp or any
other material which he either knows or has reason to believe to be intended
for refining or assaying any primary gold or for counterfeiting any mark on any
standard gold bar, article or ornament, shall be punished with imprisonment for
a term which shall not be less than six months but not more than three years
and shall also be liable to fine: Provided that the court may, if it is satisfied that the
special circumstances of the case so require, impose a sentence of imprisonment
for a term which may be less than six months. Whoever knowingly allows any person to use any premises
or any part thereof as a refinery in contravention of the provisions of section
104 shall be punished with imprisonment for a term which may extend to one
year, or with fine, or with both. Whoever contravenes any provisions of this Act or any
rule or order made thereunder for which no punishment is separately provided in
this Chapter, shall be punished with imprisonment for a term which may extend
to three months, or with fine, or with both. A court trying an offence against this Act may order the
forfeiture of any implement, instrument, apparatus, appliance, machinery or
other material which the court is satisfied has been used in or in connection
with the making or manufacturing of any standard gold bar, primary gold,
article or ornament in contravention of the provisions of this Act or of any
rule or order made thereunder. (1) Where an
offence under this Act has been committed by a company, every person who at the
time the offence was committed was in charge of, and was responsible to, the
company for the conduct of the business of the company as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly: Provided that nothing contained in this sub-section shall
render any such person liable to any punishment, if he proves that the offence
was committed without his knowledge or that he had exercised all due diligence
to prevent the commission of such offence. (2) Notwithstanding
anything contained in sub-section (1), where any offence under this Act has
been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect
on the part of, any director, manager, secretary or other officer the company,
such director, manager, secretary or other officer shall be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly. Explanation.--For the purposes of this section,-- (a) "company"
means any body corporate and includes a firm or other association of
individuals: and (b) "director",
in relation to a firm, means a partner in the firm. Any officer exercising powers under this Act or any rule
or order made thereunder, who knows that there are no reasonable grounds for
suspicion for so doing, and yet-- (a) searches
or causes to be searched any house, conveyance or place, (b) searches
or arrests any person, or (c) seizes any
movable property, shall, for every such offence, be punished with fine which
may extend to two thousand rupees. (1) Any Gold
Control Officer who ceases or refuses to perform or withdraws himself from the
duties of his office shall, unless he has obtained the express written
permission of the Collector of Central Excise or of Customs, as the case may
be, or has other lawful excuse for so doing, be punished with imprisonment for
a term which may extend to one year, or with fine, or with both. (2) Any Gold
Control Officer who wilfully aids in or connives at the contravention of any
provision of this Act or of any rule or order made thereunder shall, for every
such offence, be punished with imprisonment for a term which may extend to
three years, or with fine, or with both. Any person who wilfully or maliciously gives any false
information which leads to any arrest, search or seizure under this Act shall
be punished with imprisonment for a term which may extend to two years, or with
fine, or with both. (1) Save as
otherwise provided in sub-section (2), no court shall take cognizance of any
offence against this Act except on a complaint in writing made by a Gold
Control Officer, not below the rank of a Collector of Central Excise or of
Customs, having jurisdiction over the area in which the offence is committed or
any person authorised by him in writing in this behalf. (2) No court
shall take cognizance of any offence against this Act committed by a Gold
Control Officer, except on a complaint in writing made with the previous
sanction of the Central Government. Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (5 of 1898),-- (i) no
magistrate, other than a presidency magistrate or a magistrate of the first
class shall try an offence against this Act, (ii) every
offence against this Act may be tried summarily by a magistrate. Any person who has in his possession, custody or control
any primary gold, article or ornament shall be presumed, unless the contrary is
proved, to be the owner thereof. [25] [100.
Precautions to be taken by a licensed dealer, refiner or certified goldsmith
before acquiring any gold (1) Every
licensed dealer or refiner or certified goldsmith., as the case may be, shall,
before accepting, buying or otherwise re?ceiving any gold from any person, take
such steps as are specified by the Central Government by riales made in this
behalf, to satisfy him?self as to the identity of the pr son from whom such
gold is proposed to be accepted, bought or oth Vise received by him. (2) If on an
inquiry madeVoy a Gold Control Officer the person from whom a licensed dealer
1; Or refiner or certified goldsmith is purported to have accepted, botght or
otherwise received any gold is not found at the address mentioned by the
licensed dealer, refiner or certified goldsmith or at any; other address
ascertained from the first-mentioned address, the Gold, Control Officer may
call upon such dealer, refiner or certified goldsmith, as the case may be, to
establish that he had taken the st!eps specified by the rules made under
sub-Section (1). (3) If such
dealer, refer or certified goldsmith, as the case may be, omits or fails, when
ca led upon so to do, to establish that he had taken the steps specified y
rules made under sub-section (1), it shall be presumed, until flip contrary is
proved, that such gold was accepted, bought or otherwise received by such
dealer, refiner or certified goldsmith, as the case may be, in contravention of
the pro?visions of this Act. (4) Nothing in
this sectin shall apply to a petty transaction. Explanation.-In this section, "petty
transaction" means a transaction in which the total weight of any primary
gold, article or ornament which is accepted, brought or otherwise received from
the same person in the course of aday, does not exceed twenty-five
grammes.] (1) A Gold
Control Officer authorised in this behalf may-- (a) take
samples of gold from any dealer, refiner or other person; (b) send such
samples for assay or analysis to such authority as may be prescribed and
require such authority to send to him a report as to the result of the assay or
analysis. (2) Where any
sample has been taken under sub-section (1),-- (a) such
sample shall be restored to the person from whom it was taken after the purpose
for which it was taken has been carried out but if such person fails to take
delivery of the sample within three months from the date on which it was
proposed to be returned to him, it may be disposed of in such manner as the
Administrator may direct; (b) no
compensation shall be payable for any reduction in the weight of such sample by
reason of any test, assay or analysis. The Central Government may, by notification, direct that
all or any of the powers which may be exercised by it under this Act, except
those conferred by section 114, shall, in such circumstances and under such
conditions, if any, as may be specified in the notification, be exercised also
by such person or authority as may be specified therein. (1) Where the
business of a licensed dealer or refiner is transmitted by succession,
intestate or testamentary, the heir or legatee, as the case may be, shall not
carry on such business or run such refinery either in his own name or in some
other name unless the heir or legatee has, before the expiry of sixty days
after the date of such transmission, made to the Administrator an application
for the issue of a licence in accordance with the provisions of this Act: Provided that nothing in this section shall be deemed to
prohibit the heir or legatee from carrying on business as a dealer or refiner
for the aforesaid period of sixty days, and, if he has applied for such
licence, until he is granted the licence or is, by a notice in writing,
informed by the Administrator that such licence cannot be granted to him. (2) Where the
business of a licensed dealer or refiner is transferred by sale, gift, lease or
otherwise, the transferee or lessee, as the case may be, shall not carry on
such business or run such refinery either in his own name or in some other name
unless he has obtained a licence in accordance with this Act to carry on such
business or to run refinery. (3) The
provisions of section 53 shall apply to the gold in the possession, custody or
control of an heir, legatee, transferee or lessee referred to in sub-section
(1) or sub-section (2) who does not intend to carry on business as a licensed
dealer or refiner or whose application for the issue of a licence has been
rejected, as they apply to the gold in the possession, custody or control of a
licensed dealer or refiner whose application for the renewal of a licence has
been rejected, or the period of validity of whose licence has expired or whose
licence has been cancelled. No person,-- (a) being the
owner, lessor or landlord of any premises or the agent of such owner, lessor or
landlord, shall let the same or any part thereof with the knowledge that the
same or part thereof is intended to be used as a refinery or wilfully allow any
person to use such premises or any part thereof as a refinery unless the
refiner has been licensed under this Act; or (b) being the
tenant, lessee or occupier or any person in charge of any premises, shall use,
or allow any person to use, such premises or any part thereof as a refinery
unless the refiner has been licensed under this Act. All officers of police and all officers of Government
engaged in the collection, or prevention of evasion, of revenue are hereby
required and empowered to assist the Gold Control Officers in the execution of
the provisions of this Act or of any rule or order made thereunder. In respect of any penalty imposed under this Act and any
other sum of any kind payable to the Central Government under any of the
provisions of this Act or of any rule or order made thereunder, the Gold
Control Officer, who is empowered to impose such penalty or to require the
payment of such sum, may deduct the amount of the penalty or such sum from any
money owing to the person from whom such penalty or such sum may be recoverable
or due, or may recover such amount or sum by attachment and sale of the goods
belonging to such person; and if the amount of the penalty or other sum is not
so recovered, the Gold Control Officer may prepare a certificate signed by him
specifying the amount or other sum due from the person liable to pay the amount
or sum and send it to the Collector of the district in which such person
resides or conducts his business and the said Collector, on receipt of such
certificate, shall proceed to recover from the said person the amount or sum
specified therein as if it were an arrear of land revenue. (1) All
particulars contained in any return or declaration made or accounts, registers
or other documents produced in accordance with this Act shall, save as
otherwise provided in subsection (3), be treated as confidential, and
notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of
1872), no court shall be entitled to require the Administrator or any person
authorised by the Administrator under this Act or any officer or other employee
of Government to produce before it any such return, declaration, accounts,
registers or other documents or any part thereof or to give evidence before it
in respect thereof. (2) The Administrator
or any person exercising any powers or performing any functions under this Act
shall not divulge-- (i) any
information contained in any return or declaration made to, or any account,
register or other document produced before, or inspected by him, or (ii) any other
fact or information which comes to his knowledge by virtue of his office or in
the course of his duty. (3) The
Administrator or any gazetted officer authorised' by him in this behalf may
request any officer of Government or the Reserve Bank of India to furnish any
information relating to any particulars contained in any return or declaration
made to, or any accounts, registers or other documents produced before or
inspected by such officer under the provisions of any law if, in the opinion of
the Administrator or the gazetted officer aforesaid, such information is
necessary for the implementation of any provisions of this Act; and when such
request is made, the officer of Government or Reserve Bank of India, as the
case may be, shall comply with such request notwithstanding the provisions of
any such law forbidding the furnishing of such information. (4) Nothing in
this section shall apply to, and in relation to, the disclosure of any
information referred to in sub-section (1) or subsection (2)-- (a) for the purposes
of any prosecution for any offence against this Act, or (b) to any
officer of Government where it is necessary to make such disclosure to such
officer for the purposes of this Act or of any other law. (1) No suit,
prosecution or other legal proceeding shall lie against the Central Government,
the Administrator, any Gold Control Officer or any person authorised by the
Central Government or the Administrator for performing any functions under this
Act for anything which is in good faith done or intended to be done under this
Act or any rule or order made thereunder Where, on the recommendation of the Administrator or
otherwise, the Central Government is of opinion that it is necessary or
expedient in the public interest so to do, it may, by order and subject to such
conditions, if any, as it may specify in the order exempt any dealer or any
refiner or any other person from the operation of all or any of the provisions
of this Act and may, as often as may be, revoke or modify such order. (1) Where any
police officer seizes any gold which is alleged or suspected to have been
stolen or which is found under circumstances which create suspicion of the
commission of an offence, such police officer shall forthwith report the
seizure of such gold to the nearest Gold Control Officer of or above the rank
of a Superintendent of Central Excise. (2) Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), in
every case referred to in sub-section (1), the police officer shall immediately
after the dismissal of the complaint or the conclusion of the inquiry or trial,
as the case may be, cause such gold to be conveyed and delivered to the nearest
Gold Control Officer of or above the rank of a Superintendent of Central
Excise. The provisions of this Act or any rule or order made
thereunder shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act or in any instrument having
effect by virtue of any enactment other than this Act. Where an order purports to have been signed by the
Administrator or any person authorised in this behalf in exercise of any power
conferred by or under this Act, a court shall presume, within the meaning of
the Indian Evidence Act 1872 (1 of 1872), that such order was so made by that
person. Any order or decision passed or any summons or notice
issued under this Act, shall be served-- (a) by
tendering the order, decision, summons or notice, or sending it by registered
post, to the person for whom it is intended or to his agent; or (b) if the
order, decision, summons or notice cannot be served in the manner provided in
clause (a), by affixing it on the notice board of the office of the Gold
Control Officer. (1) The
Central Government may, by notification, make rules for carrying out the
purpose of this Act. (2) In
particular, and without prejudice to the foregoing power, such rules may
provide for all or any of the following matters, namely:-- (a) fineness,
dimensions, weight and description of a standard gold bar; (b) particulars
to be stamped on a standard gold bar, article or ornament; (c) forms of-- (i) monthly
accounts to be submitted by public religious institutions; (ii) declarations; (iii) licences
and applications for the issue or renewal thereof; (iv) certificates
and applications for the issue or renewal thereof; (v) declarations
to be made as to recovery of gold by a silver refiner; (vi) accounts
and returns to be submitted by a person acquiring gold under any permit or other
authority; (vii) permits to
be granted under this Act; (viii) returns to
be submitted by a licensed dealer or refiner; (ix) identity
card of an artisan; (x) register
of artisans; (xi) accounts
to be maintained by a licensed dealer or refiner or a certified goldsmith; (d) conditions,
limitations and restrictions subject to which-- (i) a dealer
may sell, deliver, transfer or otherwise dispose of any gold on the
hypothecation, pledge, mortgage or charge of which he had advanced any loan; (ii) a refiner
may refine gold; (iii) a licensed
refiner may buy, acquire, accept or receive, gold, or melt, assay, refine,
extract or alloy gold or subject it to any other process, or sell, deliver,
transfer or otherwise dispose of any gold; (iv) a licensed
dealer may buy, acquire, accept or receive or sell, deliver, transfer or
dispose of gold; (e) fees or
charges to be paid-- (i) in respect
of applications for the issue or renewal of licences or certificates; (ii) for
exercising supervision over the making, manufacturing or preparing any article
or thing made of, or containing, gold of any purity; (iii) for any
appeal or application for revision; (f) period-- (i) of
validity of a licence, certificate or permit; (ii) within
which returns and declarations as to gold should be submitted by dealers,
refiners and other persons; (g) manner in
which samples of gold may be taken from any dealer, refiner or other person and
the person to whom such samples may be sent for assay or analysis; (h) manner-- (i) ???in which accounts are to be submitted by
public religious institutions; (ii) ???of endorsement on a declaration, when any
gold is acquired or parted with; (iii) ??of publication of notices and orders; (i) regulating
the use and consumption of gold by industrial users and other persons: [26] [(j) the
types or classes of caees in which `any authorisation may be made by the
Administrator;] [27] [(k)] any
other matter which is required to be, or may be, prescribed. (3) Every rule
made by the Central Government tinder this section shall be laid, as soon as
may be, after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it
is so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule. (1) Where, by
this Act, a power has been conferred on the Central Government or the Administrator
to make any authorisation or exemption or to make any order or direction, then,
such power may be exercised by a general or special order. (2) Where, by
this Act, a power has been conferred on the Central Government or the
Administrator to empower or authorise any officer, then, such officer may be
empowered or authorised, as the case may be, by name or by virtue of office. (1) The Gold
(Control) Act, 1965 (18 of 1965), and the Gold (Control) Ordinance, 1968 (6 of
1968), are hereby repealed. (2) Notwithstanding
such repeal, anything done or any action taken, including any notification,
order or appointment made, direction given, notice, licence or certificate
issued, permission, authorisation or exemption granted, confiscation adjudged,
penalty or fine imposed, or forfeiture ordered, whether under the Gold
(Control) Ordinance, 1968 (6 of 1968), or Part XIIA of the Defence of India
Rules, 1962, shall, in so far as it is not inconsistent with the provisions of
this Act, be deemed to have been done, taken, made, given, issued, granted,
adjudged, imposed or ordered, as the case may be, under the corresponding
provision of this Act, as if this Act had commenced on the 29th day of June,
1968. If any difficulty arises in giving effect to the
provisions' of this Act, the Central Government may, by order do anything (not
inconsistent with the provisions of this Act) which appears to it to be
necessary for the purpose of remaining the difficulty: Provided that no such power shall be exercised after the
expiry of a period of two years from the commencement of this Act. Statement
of Objects and Reasons - GOLD (CONTROL) ACT, 1968 STATEMENT OF OBJECTS
AND REASONS In the economic interests of the community, a control was
imposed on the production, manufacture, supply, distribution, use and
possession of, anti business in gold, ornaments and other articles of gold by
issue of the Gold Control Rules which were promulgated on the 10th of January,
1963, as Part XIIA of The Defence of India Rules, 1962. In 1965, Parliament
endorsed the Govt's policy underlying the Gold Control measures and enacted the
Gold. (Control) Act, 1965. However, before this Act could be brought into
force, the basic pattern of control, in response to the opinions expressed in
Parliament and outside, was modified. To give effect to these modifications,
the Defence of India (Fourth Amendment) Rules, 1966, were notified on 1st of
November, 1966, which, inter alia, provided for withdrawal of the 14 carat
purity restriction on the manufacture of ornaments, ban on private possession
of primary gold, declaration of holdings of ornaments above specified limits,
and a stricter government control over gold refineries with the ultimate object
of bringing gold refining under State ownership. In view of the basic change in the pattern of control,
the Gold (Control) Act, 1965, could not be brought into force in its existing
form. To bring the 1965 Act into conformity with the modified pattern of control
would have necessitated a large number of amendments in almost all the
important provisions which would have made the law cumbersome and somewhat
difficult for the public to comprehend and for the officers to administer.
Accordingly, a self. contained Bill was necessary. In the meanwhile, consequent on the revocation of the
Proclamation of Emergency, the Gold (Control) Ordinance, 1968, was promulgated
by the President on the 29th of June, 1968 with a view to continuing the law
relating to Gold Control. The Ordinance repealed Part XIIA of the Defence of
India Rules, 1962. In the main, it incorporated the provisions existing in the
Defence of India Rules, 1962, with necessary changes of drafting and
arrangement. In the light of the experience gained from the actual working of
the Gold Control measure, some new provisions were also introduced with a view
to removing administrative lacunae and providing certain additional facilities
for the general public. This Bill has been prepared as a self-contained Bill [in
super session of the Gold (Control) Act, 1965] to replace the Gold (Control)
Ordinance, 1968. The Bill incorporates the existing provisions of the Ordinance
which have been briefly explained in the 'Notes on Clause'. [1] Omitted by Gold (Control) Amendment Act, 1969 (26 of 1969),
w.e.f. 03.07.1969, for the following:- "and" [2] Omitted by Gold (Control) Amendment Act, 1969 (26 of 1969),
w.e.f. 03.07.1969, for the following:- "(b) regulate by licences, permits or otherwise, the manufacture,
distribution, transport, acquisition, possession, transfer, disposal, use or
consumption of gold." [3] Substituted by Gold (Control) Amendment Act, 1969, w.e.f.
03.07.1969, for the following:- "(2) A person-- (a) may, subject to the provisions of section 16,-- (i) acquire or agree to acquire the ownership, possession, custody or
control of, or (ii) buy, accept or otherwise receive or agree to buy, accept, by or
otherwise receive, or (iii) sell, deliver, transfer or otherwise dispose of, any ornament
which is not required to be included in a declaration; (b) shall not,-- (i) acquire or agree to acquire the ownership, possession, custody or
control of, or (ii) buy, accept or otherwise receive, or agree to buy, accept, by or
otherwise receive, or (iii) sell, deliver, transfer or otherwise dispose of, or agree to sell,
deliver, transfer or otherwise dispose of, any ornament which is required to be
included in a declaration unless such ornament has been included in a
declaration which has been duly made by the person who intends to sell,
deliver, transfer or otherwise dispose of such ornament." [4] Substituted by Gold (Control) Amendment Act, 1969, w.e.f.
03.07.1969, for the following:- "(d) may contain such conditions, limitations and restrictions as
the Administrator may think fit to impose and different conditions, limitations
and restrictions may be imposed for different classes of refiners." [5] Substituted by Gold (Control) Amendment Act, 1969, w.e.f.
03.07.1969, for the following:- "(6) On receipt of an application for the issue or renewal of a
licence under this section, the Administrator may, after making such inquiry,
if any, as he may consider necessary, by order in writing, either issue or
renew the licence, or reject the application for the same: Provided that no licence shall be issued or renewed under this section
unless the Administrator, having regard to the following matters, is satisfied
that the licence should be issued or renewed, namely:- (a) the number of refineries existing in the region in which the
applicant intends to carry on business as a refiner, (b) the anticipated demand, as estimated by him, for refining facilities
in that region, (c) the facilities existing in that region for the assay of gold by any
method other than the touch-stone method, (d) the turnover of the applicant, if he is already carrying on business
as a refiner, during two years immediately preceding the date of application
for the renewal of the licence, (e) the suitability and security of the premises where the applicant
intends to carry on business as refiner, and the existence therein of
arrangements for the storage of gold before and after refining, (f) the existence or the probability of existence in the refinery or the
proposed refinery, as the case may be, of equipment for the manufacture of
standard gold bars and the quality and adequacy of such equipment, (g) the competence of the applicant to manufacture standard gold bars, (h) the existence of facilities in the refinery for the exercise of
supervision and control by the Administrator or any other person authorised by
him in this behalf, (i) the existence of any refinery established or run by Government, (j) the suitability of the applicant, (k) the public interest, and (l) such other matters as may be prescribed." [6] Inserted by Gold (Control) Amendment Act, 1969, w.e.f. 03.07.1969. [7] Substituted by Gold (Control) Amendment Act, 1969, w.e.f.
03.07.1969, for the following:- "(d) may contain such conditions, limitations and restrictions as
the Administrator may think fit to impose and different conditions, limitations
and restrictions may be imposed for different classes of dealers." [8] Substituted by Gold (Control) Amendment Act, 1969, w.e.f. 03.07.1969,
for the following:- "(6) On receipt of an application for the issue or renewal of a
licence under this section, the Administrator may, after making such inquiry,
if any, as he may consider necessary, by order in writing either issue or renew
the licence, or reject the application for the same: Provided that no licence shall be issued or renewed under this section
unless the Administrator, having regard to the following matters, is satisfied
that the licence should be issued or renewed, namely:-- (a) the number of dealers existing in the region in which the applicant
intends to carry on business as a dealer, (b) the anticipated demand, as estimated by him, for ornaments in that
region, (c) the turnover of the applicant, if he had been carrying on business
as a dealer prior to the commencement of Part XIIA of the Defence of India
Rules, 1962, during the two years immediately preceding such commencement, or,
in the case of an application for the renewal of a licence, the date of the
application for such renewal, (d) the previous experience, if any, of the applicant with regard to the
making, manufacturing, preparing, repairing or polishing of, or dealing in,
ornaments, (e) the suitability of the applicant, (f) the suitability of the premises where the applicant intends to carry
on business as a dealer, (g) the public interest, and (h) such other matters as may be prescribed." [9] Inserted by Gold (Control) Amendment Act, 1969, w.e.f. 03.07.1969. [10] Substituted by Gold (Control) Amendment Act, 1969, (26 of 1969)
(w.e.f. 03.07.1969), for the following:- "(i) any ornament which is not required to be included in a
declaration or any ornament which, being required to be included in a
declaration, has been so included," [11] Substituted by Gold (Control) Amendment Act, 1969, (26 of 1969)
(w.e.f. 03.07.1969), for the following:- "Save as otherwise provided in this Act, no licensed dealer shall
either own or have at any time in his possession, custody or control primary
gold in any form except in the form of standard gold bars: Provided that such dealer may, unless the Central Government (having
regard to the needs of the trade, volume of business and public interest)
otherwise directs, own or keep in his possession, custody or control not more
than-- (a) four hundred grammes, if he does not employ any artisan, (b) five hundred grammes, if he employs not more than ten artisans, (c) one thousand grammes, if he employs more than ten but not more than
twenty artisans, (d) two thousand grammes, if he employs more than twenty artisans, of
primary gold in any form other than in the form of standard gold bars." [12] Substituted by Gold (Control) Amendment Act, 1969, (26 of 1969)
(w.e.f. 03.07.1969), for the following:- "(c) may contain such conditions, limitations and restrictions, as
the Administrator may think fit to impose and different conditions, limitations
and restrictions may be imposed for different classes of certified
goldsmiths." [13] Substituted by Gold (Control) Amendment Act, 1969, (26 of 1969)
(w.e.f. 03.07.1969), for the following:- "(e) a person who belongs to a category or class to which, in the
opinion of the Administrator, the certificate may be granted in the public
interest." [14] Inserted by Gold (Control) Amendment Act, 1969, (26 of 1969)
(w.e.f. 03.07.1969). [15]
Substituted by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f.
03.07.1969), for the following:- The total quantity of primary gold in the possession,
custody or control, whether individually or collectively, of the artisans
employed by a licensed dealer shall not, at any time, exceed the limits
specified in section 32. [16] Inserted
by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f. 03.07.1969). [17] Omitted
by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f. 03.07.1969),
for the following:- "(i) suspend such licence or certificate, as the
case may be, pending the completion of any inquiry or trial against the holder
of such licence or certificate, as the case may be, for such contravention,
or" [18] Inserted
by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f. 03.07.1969). [19]
Substituted by Gold (Control) Amendment Act, 1971, w.e.f. 20.05.1971, for
the following:- "(1) Any gold in respect of which any provision of
this Act or any rule or order made thereunder has been, or is being, or is
attempted to be, contravened, shall be liable to confiscation." [20]
Substituted by Gold (Control) Amendment Act, 1971, w.e.f. 20.05.1971, for
the following:- "(2) Any package, covering or receptacle (including
its other contents) in which any gold liable to confiscation under sub-section
(1) is found shall also be liable to confiscation." [21]
Substituted by Gold (Control) Amendment Act, 1971, w.e.f. 20.05.1971, for
the following:- "(3) Where any gold liable to confiscation under
sub-section (1) is mixed with other goods in such manner that such gold cannot
be separated from those other goods, the whole of such goods shall be liable to
confiscation." [22]
Substituted by Gold (Control) Amendment Act, 1971, w.e.f. 20.05.1971, for
the following:- "(4) Any gold which is liable to confiscation under
sub-section (1), shall be so liable notwithstanding any change in its
form." [24]
Substituted by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f.
03.07.1969), for the following:- "88. Dealers, etc. when to be deemed to have abetted
an offence (1) A dealer or refiner who knows or has reason to
believe that any provision of this Act or any rule or order made thereunder has
been, or is being, contravened, by any person employed by him in the course of
such employment, shall be deemed to have abetted an offence against this Act. (2) Whoever abets, or is deemed under sub-section (1) to
have abetted, an offence against this Act, shall be punished with imprisonment
for a term which may extend to three years and shall also be liable to
fine." [25]
Substituted by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f.
03.07.1969), for the following:- "Every licensed dealer or refiner or certified
goldsmith shall, before accepting, buying or otherwise receiving any gold from
any person, take all reasonable steps to satisfy himself as to the identity of
such person and if, after an inquiry made by an officer authorised in this
behalf by the Administrator, it is found that such person is not either readily
traceable or is a fictitious person, it shall be presumed, unless such dealer
or refiner or certified goldsmith, as the case may be, establishes that he had
taken all reasonable steps to satisfy himself as to the identity of such
person, that such gold was bought, acquired, accepted or received by such
licensed dealer or refiner or certified goldsmith, as the case may be, in
contravention of the provisions of this Act." [26] Inserted
by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f. 03.07.1969). [27] Relettred
by Gold (Control) Amendment Act, 1969, (26 of 1969) (w.e.f. 03.07.1969).GOLD (CONTROL) ACT, 1968 [REPEALED]
PREAMBLE