THE GOLD CONTROL ACT - PDF document

'THE GOLD (CONTROL) ACT, 1965 ARRANGEMENT OF SECTIONS CHAPTER I 1. Short title, extent, application and commenoement. 2. Definitions. CHAPTER I1 3. Prohibition of manufacture of articles of gold in certain cases. 4. ornaments and other I11 7. Licensing of dealers. 8. Licensing of refiners. 9. Cancellation of licences by Administrator. 10. Cancellation of licence on application by dealer or refiner. 11. Disposal of gold in the possession of dealers or refiners in certain cases. 12. Display 7f licences. 13. Certified goldsmiths. 14. Registration and certification of dealers not failling under section 7 or 13. 15. Special provisiog religious institutions. CHAPTER IV DECLARATION OF GOLD I a a, Declaration as possession of gold than ornament. CHAPTER V as to VII issue directions observe conditions use of buildings for carrying on search and information to hold infl~nnatlon. gold seized ~JP Adjudication, appeal and pr~osecutions. 34%. Protection of action taken in good faith.

35. Administrator, etc., to be public servants and application of certain provisions of Central Excises and Salt Act. 36. Power to exempt. 37. Effect of Act and rules, etc., inconsistent with other enact- ments. 38. Act not to apply to Government. 59. Government may perform and exercise powers dealers in areas without sales Presumption as ==L- -. -- ___.l_a__L.__p-, +5 hf LIJq ; ---.--"- -- @st (Jurrwtad; gee lndin Cod@ , P VOP.~~ f.5,~ 2r7 THE GOLD (CONTROL) AC'B', 1963 No. 18 OF 1965 [22nd September, 19651 i'.n and financial community, for the control the production, dis- t~ibution, use and possession of, and business in, gold and ornaments and and for cm- ilected therewith. BE it enacted b;y Parliament in the Sixteenth Year of the Republic of India as follows:- CHAPTER I 1. (1) This Aet (Control) Act, applica- 1 and it applies also to citizens tion and of India outside India. com- i mence- shall come into force wch date as the Central Govern- I me

nt notification in this Act, unless the context otherwise requires,- Defini- "Administrator" means undecr company as defined in section 1 ; 1 of 1956. Companies Act, (c) "certified goldsmith" means a dealer who holds i c certifiC'&e granted 'or deemed to be gra;lted under section 1.3 i a goldsmith; Gold (Control) [ACT 18 (d) person who on, directly of- (1) making, manufacturing, preparing, bqying, distributing, melting, (2) buying, selling, or preparing ornaments, whether for deferred payment, or remunerati~on or other valuable consideration, and includes- family which carries on company, society society re- 1860 law with co-operative societies, club, firm or other which carries on such (i) for the makes or manufactures ornaments converts ornaments, for the making ornaments, distributes ornaments, making ornaments, agent, broker, del credere agent, mercantile agent, such business the Reserve Bank of India (Subsidiary Banks) Act, of 195S company as (c) o

f section 5 of the or 19651 Gold (Control) 199 10 of 1949. sells or Act- every person who acts rwiding outside India the business on behalf dealer as- mercantile agent as defined agent for handling gold or gold; or guarantor for every branch its gold, including whether virgin, any shape or form, not), any (f) "ornament" means for personal other object worship, made of, or pearls, real, cultured with them and ljy rules made under this (h) "primary gold" means goici irn any ur~finished includes all sla'bs, billets, shots, pellets, (i) lLrefiner') means the owner or occupier of a refinery; means a place to any other Prohibi- tion of manufac- ture of articles o'f gold in certai.~ cases. 200 Gold (Control) [ACT 18 of making primary gold and iilcludes a place whqq gold is the request any dealer does not include place used dealer for the purposes permitted under clause (d). 3. (1) Subject to the other provisions of this Act.- (In) a dealer make, manufacture

(i) any of any purity; (b) a refiner ,shall not make, manufacture or prepare- (i) any article ol gold, or (ii) any article (c) shall not or pre- any article any article unless such dder, refiner or other person h+;. behalf (which the direction specify specified. different classes authorised make, manufacture such article; may, by the othe~~persons or any class of them to pay ~uch charges for supervision by such order. certified goldsmith shall, accept any ornament having gold carats for pclishing or repair. - r(S) -A dealer (incl~~djmq goldsmith) may ornament having gold of any purity for the purposc of malting, manufacturing or prepsring new ornament of a purity ngt exceeding fourteen carats: Provided that a certified goldsmith may, in aceordance.-with; the nro;risjons d section 13, accept any ornament having a purity exceerlinr~ fnurtcx?~.~ carats making, manufacturing ., 6r new ornaments having . . fci-u?t.een. cqrats, OF 19651 Gold

(Control) 4. (I) Save as provided in section 13,- Pyst.ric- dealer, whether under or not, :&:$kg (i) make, manufacture or prepare, or ek, p??c$ men s and (ii) sell or otherwise transfer, agree to sell or otherwise other* trqnsfer, for sale under this make or manufacture fourteeh carats: Provided that- (i) agy refiner may, if authoriged by the do so manufacture or refiner or dealer who acquires or cornes ornament or other article shall convert article into carats within-such as the Administrator may by special order (2), the Adminiqttrgtor special order pe#rmit any ornament, other article fourteen carats subject to s,uch (including conditions supervision) and restrictions as any primary Offlcial otherwise directs, piece of primary gold,-- manufacturing thereof; and containing such descriptive prijmary gold, as may be prescribed. (5) No stamp referred to in sub-section (4) shall be used in &ing any primary gold unless such stamp has been appraved and regi

stered by the Administrator. 118 M of Law--26 18 Restrictions 5. (1) Except in the acquired after onpossession making any Act, no dales, and no andsaleLtrlf finer, who shall have has not been that any gold acquired after the date of making such return in this Act,- (a) a to a under this or deliver to may sell gold to the or to other person as or special order, authorise a dealer under this Act may, conditioijs buy or agree to buy or otherwise not being under this 2ny such dealer irlcluded a declaration is required and the dealer complies with the provisions of sub- ssction (3) ; (cj a dealer may, in or offer gord, refiner, licensed ,a.--.~-xnd.er this Act bzrt any other Provided under this may sell gold, not being ornament, to any person on production by that person of a permit this behalf; (d) a under this not or agree or otherwise acquire or agree to acquire gold, the Administrator accordailce with such authorisation as the Administrator may, by gener

al or special order, make in this behalf, nor shall quire or acquire such except by su:cessiors, in- testate or testalmentary: a refiner may buy or accept gold f~~iri a dealer this Act; in accordance with sny general or special authorisation made by the Administrator shall not- (i) sell or wise transfer, or transfer, gold to person authorised, general or ordcr this behalf. (3) under this or otherwise mortgaged or charged person to whom such oth'erwide transferred or pledged, mortgaged or charged authorised manner and period make, advance or ally Proh~bition of loans other person hypothecation, pledge, mortgage or charge of hypothecam any gold other than ornament uhless making, advancing tion unless such in\cluded, if so required, in a declaration or a further declaration made under Part XIIA of the Defence of India Rules, 1962, or under section 16. a dealer, as a dealer in on business pledge, mortgage -,I --f b").fi). sell-OP ot-herw$se- transfer -to a-ny

pers6nZdany gold lea the hypothecation, pledge, mcrtgage which he 10th except under limitatioizs ob restrictions, if any, as may be imposed by the Administrator in this behalf. 504 Gold (Cont+o1l) [AFT f8 (3) No pdwriee who i$ riot '3 d&AleF $hall dell any gold pledged with him, on the 'failure of the pawnm to tedeem such gold, such conditions may be LICENSIMG OF DEALERS A$TD REFINERS AND CERTIFICATION OP GOLbSM1THS Licensing 7. (1) Save als provided in Of to sales as such he a valid licence issued licence issued sub-section (1) and restrictions as the Administrator may think different conditions deale~s. (3) thereafter, make to Administrator an such form Any dealer who is not requirM respect to sales Ad- ,ministrator an application in accordance with the foregoing provi- tions for the any licence app$ation contain such and restrictions as the impose restrictions may Nothing in the foregoing provisions of this section shall be deeme

d to prohibit any dealer business as such required apply for such has applied for such licence, inforined by cannot to him. (6) application for the Administratas .may, after;. -making .such consider necessary, in Provided that application for registered with respect before or after the commencement of this Act shall be rejected unless the Administrator is satisfied that any statements made in the or that the applicant for has contravened OF 18663 Gold (Control) 20.5 of the p%-avi~iohs of this Act or Dhe*provisions of any other I$w fkh the time being in force in so far as it prohibits or restricts tkis brifig- ing into or taking out of India of any whether Indian or foreign, in such m been given showing cause such rejection. A licence granted under this shall be valid ,\ period specified may be renewed from time to time for such period this section to the first issue oP a licenee shall apply as rnay such renewal. In the any dealer who inlmedia

tely beiore the date of coming into force of this Act dealer under ~eience India Rules, 1962, the provision's f6?! a licence of such dealer in accordance provisioris contained hereinbefore. in this no person business as a refiner unless holds a mlid licence issued Of rehers in this licence issued (I) and restrictions different conditions and restriotions for intends to reher \nay, a refinery the 10bh make to a licence a licence business as rc?Tm&r is issued scch refiner in business as a money-lender or banker r+i31-K~3~iag .the* hy.p~thecaki.on, -I.?ledge, .~ortg_agc, QX ,cQa~gg~ o_f,qpy,g~l$. Notwithstanding anything sub~sektion (1) , ,a refiner who a licence carry business as a refiner, pending the grant by a notice in :. : rejected. a ? - . 8 .-- ,-, -, .;+ r r.l r (6) No pedon refinery unless obtainad :-- ) a valid licence from the Administrator on an application in accord- 206 Gold (Control) [ACT 18 ante a licence this section,

(7) Administrator may, or reject the issue a licence to- applicant intends a refiner, the demand gold in (6) the facilities existing in that assay,of gold by any method other than the method, diately before 10th licence, which- is later, licence applied further that no a refiner A licence granted under shnll be valid for the period therein and may time to on a licence as may such renewal. the date PaSt XIIA of the Defence of India Rules, 1962, the-provisions forvthe a licence may be provisions contained hereinbefore. Cancclla- granted under may,be cancelled ''OD '.by th~ Ad~'inisEFator if Ke is satisfied statements made Ily Adminis. for the relation to trator. material particulars or this Act @@La&& &a@ IA~~D Gold (Control) 207 any other time being in so the. bringing into out of 'India of any goods (including coins, currency, whather or foreign, exchange), or goods by acquisition or no licence cancelled unless opportunity has given to thereof to show

cause I who ceases to be under any law res- Cancell a- tion or who business in licence who discontinues his business as such may make an application to On appli- Administrator for cancellation refiner, dealeror as the refher. I'i'd9nce: 11. A dealer who, being required by section 7 to make an appli- Disposal cation for a licence, has failed to within the ~~f~~~C'-in has been sesslonof or whose been cancelled whose appli- $:~7~- cation for the issue of a licence under section 8 has been rejected ers been cancelled shall not, after E~,F such rejection cancellation, as expiry, rejection or cancellation, sell refiner licensed such expiry, rejection or cancellation 1%. Every dealer of conspicuous place such dealer is carried on or is located. by sub-section (3) of sec- Certified gold- tion application for sectinn a~EAas. not,~JataS~e& a,ne,l$%,ce �l,ns Ex&?u?nCe ofsan+yp$ca- tion by him more than one hired actually making, manufacturing or preparing an

y ornament dealer may, he was carrying for more year immediately before I (a) accept from being a goldsmith or dealer, any ornament ornaments having a08 Gold (C?onhol) [ACT 18 - ,@ld of a purity exceeding fourkeen carats for the purpose of : iriaking, manufacturing .or preparing, and - make, manufacture or or those to such the purity ornament or brnaments as may ornaments for fa~turin'~ dr preparing new 'ornament or ornaments as &re- l~s'he has before s'uch commencement obtained under IIA of the Defence of India Rules, 1962, a certificate recog- him as applicativri made to him in this -' ' certificate recognising him as I , I* .! ' goldsmith in form and such fee as (3) A certificate granted under Part XIU context otherwise for the granted under thiq under this for the peryiod therein and be renewed such period and on payment of such fee as may be prescribed. .(5,)' under this certified goldsmith any time made to 4he Administrator for ." to wor

k Admini~~tratox any statements .l,J.--md:,e in the agplicaLio0 for the issue of the �certific@te or---in- .$elation material parti- has contravened Act: Provided that or (iii), unless to the bo?&ier show cause why not be caacelled: e, . - .66). &very certified shall have passession the ser-tificate granted to him while he carries on business as suqh gpld- smith ,and shall produce it for inspection authorised by the Administrator in this behalf. (7) ,Notwithstanding anything contained in section 4, a centified may have his possession, custody or control grimam melting or accepted by chis making, manufacturing preparing new ornament ?Provided that a certified goldsmith shall not have at any the his possession, or control any quantity gymmes obtained in the 'I 1 6, j,,,. ' s. I Rrocess of making, manufacturing, or prepariipg A dealer may, with the any ornament ornaments having purity fourteen carats preparing new oriiamerlt ornaments havin

g puriLty drawing wires or casting :specialist enamelling or polishisg,-- or casting new ornament ornaments have been or prepared accepted, such new ornament otiier dealer wires or casting stones, enamelling or dealer from whom they were obtained a seotion 7 Registra- or a certificate on business dealer ::'$"- ui:ltss has been registered and tion of dealers not (2) Every suqh shall make app1:cation the grant falling a certificate within such time, in such form and on payment of such under f,ee may be prescribed sectioir 7 or 13, 2 10 Gold (Control) [ACT 18 (3) If the Administrator is satisfied that an application for regis- -tr2tiori. is rules as him a certificate prescribed form: no application for a certificate tration applicant has been such rejection. (4) granted under this sr~ecified therein and the to time for such period and on as may be prescribed, and a certificate such renewal. ., (5) me provisions of sections 9, 10, 11 and 12 shall, as far

as may be, appily to a4dealer regislered u~ider thfs section as they sectioln 7. (6) Nothi,ng shall be been registered time for a licence if he certificate issued to him under Specid ~IY)- 15. (1) Notw.ithstanding anything contained in Chapter I1 and vision re- this Chapter, institu- garding public tion religious worship, not being a dealer or refiner licensed any form (2) Any such institution- (a) may retain the gold in the form in which it is received as offering so long as articile such institution has been authorised Admirnistrator general or order subject laid down, shall1 not gold in fonn been converted into carats and unless, case than ornament, is to a dealer refiner licensed OF, 19653 Gold (Cbntrol). 211 shall maintain such accounts and the quantity, other particulars sold or any such shall be I1 any person who has made a declaration Declara- than ornaments 'p~~~~i~~ of India Rules, acquiros by succcwion, intostate or tcstalmcn- of gold o

ther than tary, permit granted ornamentv or any quantity of gold, not being ornament, with any make within thirty days from the date of such acquisition parting with, the form stating description and other prescrib the person or favour such (2) If any person who did not own any gold, not being ornament, art period commencing and ending with period by succession, intestate or with a permit any quantity of shall, within thirty days the Administrator In the prescribed fom stating the quantity, description such gold owned hiin on the date of such declaration. . � *%~*-. ~ ,. ,,.- has made a declaration sub-sectio~ or testamentary, a permit administrator, or not being ornament, he shal1,'as he acquires parts with quaintity of gold, make within thirty days f'rom parting with further Administrator in the or and giving the 2~2 GoEd: (Control) [ACT 18, P-won from whom such gold,was acquired or in whose favour such gold was parted (4) hereby de

clared be made- (a) in by the guardian or manager of such minor or lunatic, as the case may belonging to by deity, whether shebait or manager or by gold belonging to a person whose proptr- ries a Court by th6 such Court; case a person whose any administrator or receiver, or receiver; an executor or an adminis- trator of a will or other testamentary disposition, by such execu- tor or administrator; (f) case of firm, such firm; (g) in the case of gold belonging to an undivided Hindu family, by the head or karta such family; of gold which is the subject matter of any pulltic or private a company oytside India, by any person in charge of the managemeht of such campany in India; ih the case of gold belonging to a temple, mutt, church, mosque oP any other religious institution by the person in charge ~f the management of such temple, mutt, church, mosque or other religious institution; (le) in the case of gbld which is wakf property, by the rnutawall-i

of such wakf; il) any society, such society, or other (6) declaration as to hiin India Rules, from making such OF 19651 Gold (Control) 213 the said Rules corn- than ornament except- trator in this declaration shall of- a minor unless grammes; individual other a minor s~~ch gold exceeds (c) one or such. gold exceeds fifty grairnmes: declaration as aforesaid required in fam?ly total weight and whether la family severally or by jointly or one way and hundred and grammes: further that that it out at any time, by geneml or special order, require that in respect not required under clause or clause declaration or declaratioi~ as to the quantity, prescribed particulars made to Administrator by such form manner and within time as "'"E$$l"dnaft@n.2F"6Yr' tWe'pufpoS& of th"iS-'subcon and kec^fi'oW 17, the expression "f8fnily" shall be deemed to consist of- (i) the husband, wife and one or more minor children, ox (ii) any two or more of them, . , ., hui &dl no

t be any other gold, not being proved, to olvner thereof. 214 Gold (Control) [ACT 18 Declara- 17. (1) Where the Central Go~~ernment is of the opinion that if tlon to carrying out POmession at any by general order, require d orna- ments. that any person or class owning ornaments such be specified cription and such person ProvPded shall not to make exceed- a person, twenty- thousand rupees; such ornaments family, fifty Explanation.-For or control is proved, be the has made parts with ornament after such make days from or parting a fcrther declaration to presarilbed prescribed particu- of such osnament or parted the such ornament was acquired favour such ornament was parted with, my be. v ,7 77' 1 e (3) If any person who, at any time during the period within which the declaration referred to in sub-section (1) is to be made, does not own 'any ornament, or owns value such may,,he p~ecifie-d �by khe, -Caerrtral *,,4a,%s- '%. k... .---&," as

to such limit, limit is form or ornaments otf such declaration. who has made sub-t;lec- tion (3) acquires or parts with any quantit,~ of ornaments, he shall, OF 19651 Gold (Control) 2 1.5 ' as often as any quantity firom with, a deolaration as provided Central Government shall, by notification Gazette, appoint an Administrator for Fur- ment and Administrator shall subject general control Central Government special order authnrjse such person and different persons exercise different that no Custom~s district shall Ibe authorised to hear appeals under sub-section (2) of section 30. (4) Subject to any general or special direction given or condition attached by the Administrabor, person authorised may exercise those manner and with been conferred that person directly by this Act and not by way of authorisaqn. certified goldsmiths) Returns furnish to the Administrator such returns as to the quantity descrip- gold. tion and other prescribed particulars of gold in

their possession or under their control and within tirire'as may be , - prescribed, and prescribed for differer~t classes of dealers or refiners. 26). Dealers (including goldsmiths) and Acco~b. .keep and in such form as may prescrib- - held, bought or or otherwise them, in be prescribed for dealers or 216 Gold (Control) [ACT 18 (2) Eve.ry ~ucb ,dealer,. certified. gold~mith and:,refi:ner &.alJ, if so -, re.qyired by- .the: I~dministSatq+r,- (a) produce document, and (5) furnish' to ihe Administrator any crs under his or delivery Iby him. (3) All accounts, registers and other documents, or delivery wherever kept, shall be open to inspection by in this behalf. WI MISCELLANEOUS PROVISIONS Power of Administrator may, thinks fit, issve directions Ahinis- or orders, not inconsistent trator to poses of this Act. issue directions as it and orders for securing equitable distribution and avail- and ornaments, any dealer licences,~permits or otherwise, d

isposal, acquisition, authorised by special order, or holding a to buy buying or otherwise acquiring observe such gw'i'tO- to such restrictions and furnish such observe or both, to the Administrator, cas may be prescribed. Prohibi- tion of use of buildings for carry- 'jnp;\on . . . landlocd, shall let the sme any part or thereof is be used refinery or wilfully use.sueh-prel.nises. or,-any pa~t;thereof, as .a$~afin-ery unless the persop premises, shall use or use OF 19651 Gold (Control) 2 17 such premises any part a refinery unless been licensed under this ht; 24. Where the business of a dealer licensed or registered under Trandea Act or a refinery by sale, gift, bequest or wasy of lease, blhwY the transferee, heir not carry such business transferee, has, before the date of such transfer or transmission, made to the Adrninis- trator an application for the issue olf with the section 9 or 8 or section 14: Provided that nothing in this section shall be

deemed to prohibit the transferee, heir or lessee from carrying on busine,ss registration and for such informed by A11 or declaration sWecy or accounts, registers or other documents produced and fidelity, ance with this Act shall, save as otherwise provided in sub-sect.ion (4), and notwithstanding oon- Indian Evidence to require person to produce any documents or or to respect thereof. Any person authorised by Administrator under any other person provis?ons oP-this shall not or declaration othet Government to i~lfurrrlalion relating to any particulars contained in any registers or dccuments piSoduced Government under ' 28. 218 Gold (Control) [ACT 18 irnplementation of the provisions of this Act; and when such request is made, the officer of Government shdl such request olf any such law forbidding the fur- nishing of such information. (4) shall apply in relation particulars referred (2)- offence, or or other of any other law. kawer lo 26. (1) Any ulYicw

aull~urised by lhe ALZrllinislralor in this enter, search, and may- seize to obtain information and search estzblishment of a dealer OF any ad refinery; to take namples. in respect or which such or any been, or is search any premises, not establishment referred (I), vaults, lockers or any other place whether above or below ground; (b) seize any gold in respect of which he suspects that any provision of this package, covering or receptacle, any other a@% Ckm:~as~Br @e;@ Pndm G@?& OF 19651 Gold (Control) 219 Administrator in td person has secreted about person- which such bie contravened, to such and seize docu,ment in his possession, (4) When any such officer as afosresaid is about to search the person referred to in sub-section (3), he shall, if such person so requires, such person offlcer authorid to the Any officer authorisecl or is contraveil- ing or about to Ad, detain such person and ,take hi~m to a gazetted officer authorised by the Ad

min- his person document as mzetted officer or magistrate befork whom any person is brought shall, if lie for search, forthwith dhharge but otherwise excepting a -!& officer authorised by the 4w has reason that any cz 'is contravening or is about to contravene, any provision of this Act, arrest such and shall the grounds for such nearest magistrate within twenty-four hours time necessary from the beyofid the said perbd ~fthout a magistrate. 1 (9) Any officer who has arrested under this I she~ll, for the purpose of releasing such person on bail or otherwise, i have the same powers and be subject to the same provisions as the i and is silbject to under 5 Criminal Procedure, f ? h (10) Any officer authorised by the Addministrator in this behalf lllQP, if he has reason to believe that any aircraft, vehicle or animal or is being, or to be, used carrying any in respect of which he suspects that any provision ol this Act is being, any time animal

or to land, I and search examine and search in the aircraft, vehicle, vessel or other (d) break open the lock of any door or powers conferred (e3 if it becomes necessar,y such aircraft, he lawful means for or animal may be fired upon. Criminal Procedure, 5 ,f 18% to search and seizure shall, shall have power- ;(a) to take samples of gold from any dealer, refiner or other erson (b) to such au- ehoriky such authority assay or ggods ig the .possesgi~n QX .aapperson, such. 1%- - person makes a statement to the officer making such arrest or seizure, that officer shall on demand by such person furnish him with a copy 0f the statement. Eqlanation,--Any in this and otherwise requires, ineIuae any article containing gold any purity, referred sub-sec- tion (1) of section 3. st f 9651 Gold (Cmtro'e) Br 27. (1) Any gazetted officer authorised by the Adrnipistzator Power to in this, behalf may hold an inquiry for the purpose of. ascertaining hold in- q

uiry and whether any contravention of any of the provisions of this Act has to call being, or to be, shall for the pur- for such inquiry considers necessary evidence or to pro- document or for the ascertaining whether or not following conveyances Confisca- tion of vessel which any aircraft which is any vehicle any area in India, while constructed, adapted, or fitted in any manner 1 I I (bh whole or over-board, staved conveyance which kind under sub-section (10) of section 26 fails to so, except for good and sufficient cause; (d) any conveyance from gold cleared unloaded without au- this behalf; has en- tered India aftermrds gold missing, Vessel able to -, Any conveyance d transport ar In the carriage of any gold in resped or is being to seizure mer ce or owner conveyance or had taken Gold (Control) all such precautions against such the time being sgeci- fied. rules made in behalf by Central where any conveyance or or animal shall be to pay or animal, not exceedin

g such conveyance gold seiz- 29. Any gold seized be liable dn any act which or omission under sub-section (I), or abets penalty not five times gold or one thousand rupees, whichever is more irrespective Adjudica- 30. (1) The confiscation, fine or penalty under section tion, appeal and revision. (8) of under this adjudged- i (clr) without limit, oficer not below the rank conveyance or or gold with the package, covering which such to confiscation does thousand rupees, to be imposed does two thousand rupees, not below the rank Customs or Excise or by any other Government authorised that no he- made unless person concerned- (i) is a notice informing him on which is proposed ' animal or gold or to impose a penalty; (ii) is given an opportunity of making a representatio~~ in such reasonable time as OF 19651 Gold (Control) 223 therein; and (Zii) is given the matter: further that referred to foregoing proviso owner or person concerned, no such notice or period as may speci

fy, such conveyance, period to from whose shall lie to the Administrator- (a) from every order line penalty under (I), (b) from any other a period the order decision1 I under this Admi-. any appeal 5 of 1908. the powers of a civil court under the Code of Civil Procedure, '1908, I while trying a suit in respect of the following matters, namely:- I 1 I (a) summoning and enforcing the attendance of witnesses; I (b) requiring the discovery and production of any docu- , ment ; record or copy thereof i any court or office; I i (d) receiving evidence on affidavits; and I (e) issuing commissions for the examination of witnesses r or cjocuments. hearing any be deemed to civil court I 224 Gold (Control) [ACT 18 for ,the purposes of sections 480 and 482 of the Code of any order confiscation, fine or penalty, or order, (2), has been made, but appeal against such under that for the propriety of any and may such order as he order enhancing or fine in cjf confiscation sh

all be passed under this provision unless the person -affected been given a ~easonable-opportu- two years order or in sub-section or on withir, six months from the proceeding in which such appeal or or any order passed by subject to such appeal or (5), subject to Central Government or penalty, or any other decision or order referred (2), and shall not be court on a or animal ,L authorised by this OF 19651 Gold (Control) 225 owner thereof oonfiscation fine as officer that, without provisions of such fine not exceed the value c'onveyance hereby declared ~reyent any punishment ed is under as required including a declara- tion as required by sectilon 16 or 17 without any reasonable cause, ~r p3.k-e~ any statement in return or declarati~n he either false or punishable with (i) refines, processes, makes, manu- factures or prepares any article in contravention his control gold in contravention of any provision of this Act, (,iii) sells or transfers or to sell fe

r, or f'or delivers or of person to use any part thereof as a refinery - Act, �. , -. - (vi) prepares, or any order the manufacture or preparation of, sells atherwise or exposes or any primary i of section other nravision this Act, (&i) delivers, sells anr gold in contravention of the provisians of section 5 or section 6 18 (viii) carries on business as a dealer, refiner, banker or money-lender in contravention of the provisions of section 6, 7, 8 or 14, (ix) carries on certified goldsmith pr80vislons transfers, or sale or stamped any stamp same shall be the any primary counterfeit, or uses shall be two years also with fine. (3) Whoever contravenes any .other pnovision of this Act for punishment is in the section shall be with both: fails or to or to information when whoever fails to display be not exceeding (1) of section 30. Offences by ?om- , 32. (1); Where an offence under this Act has been committed by paqles. company, every was responsible to

, business of as the guilt,y of liable to ceeded against and punished shall render any person liable his knowledge diligence to prevent the such offence. Gold (Control) 227 (2) contained in (I), offence under Act has been committed a company and it is proved that the offence or is on the to be offence and be pro- punished accordingly. sectilon- (a) "company" means any body corporate and includes a firm or other association orf individuals; and (b) to a means a in the person except or with :i,~z- of, the or authorised by 34. (1) prosecution or or any takes in Administrator, or functions in the implementation of the provisions of this Act, flor anything which is or intended or other legal proceedings Government or Government or performing any functions in provisi'ons be caused by anything which is be done in pursuance #of or any rule made thereunder. and any person authorised Admin's- trator, etc. the Central Government, and performing to be_* L. . - of t

his deemed to servants within public the Indian apph- cation of (2) The provisions of sections 11, 15 and 23 of the Central Ex- ~~$~ol,, of Central any sum payable to and ~ct. , (ii) assistance by Police or Cus- I 228 Gold (Contra 1) [ACT 18 (iii) shall apply to such modifications and adapta- tions as may be specified by the by notification in in regard to like under the Power the recommendation Central Government or in the by order such conditions, or any any such an,y to the -,%, Effect of Act and 37. The provisions of this Act or ,any rules or orders made there- rules, etc.9 shall have there- inconsis- tentwith with contained or in other en- by virtue actments. Act. ~ct not 38. Nothing in this Act shall apply to or in relation to- to apply gold belonging to, by the may 39. The Central Government may perform all or any of the func- tions of the Administrator in the functions and the Administrator, Government is SO with respect in. force,

then, every dealer carrying on his business as such territccy, whose annual turnover is not less than ten thou- tax sand rupees, shall be required to be accordance with law. he were dealer registered with respect to all the such registered OF 19651 Gold (Control) 229 41. order purports Presump- tion as to authorised power conferred Act, a 1 of 1872. presume, within the meaning of the Indian Evidence Act,, 1372, that such order was so made by that person. 42. (1) Central Government may, by zF to Official out the (2) particular, and without to the foregoing power, such may provide for- (a) the additional particulars to8 be stamped on each piece of primary gold; (b) to which pawnee with him; the forms or renewal permits and such applications; for registration sectfon 14; (f) the accounts to be maintained and the returns to be ' submitted by public religious fr'om or in was acquired and the as to dealers and the forms which accounts by dealers sach accounts;

I (j) and restrictions subject persons and returns to 1 such persons; I precautions to oon- in contravention prlovisions of this Act; f t f k i j 230 Gold (Control) [ACT 18 OF 19651' (1) appeals and applications for revision under this Act; (m) the manner of publication of notices and 0rder.s other matter mazy In making rules under any breach where no other penalty penalty not two thousand rupees. (4) Every rule made by under this laid, as s'oon made, before period of thirty days which may be comprised in one session or in tw'e agree in rule or both Houses rule should not be the rule thereafter have modification or without prejudice provisilons upon such section 6 Clauses Act, 10 of 1897. without prejudice application of section 6 of the General Clauses Act, 1897, anythirlg 10 of 1897. any action taken (including order made licence Board, Administrator or authority) under be deemed to been done 01- in pursuance of the correspond- ing provision of this