The Gold (Control) Act, 1965, 18 of 1965, (Rep., Act 45 of 1968) · VI — `RETURNS`

Section 25. (1) A11 particulars contained in any return or declaration sWecy made or accounts, registers or othe

Repealed or not in force · As amended up to 2026-08

(8) Any officer authorised by the Administrator in 4w behalf may, if he has reason to believe that any person has contravened, `cz` '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 beyofid the said perbd ~ f t h o u t he authority sf a magistrate. (11) The provisions of the Code of Criminal Procedure, 1898, relating to search and seizure shall, so far as they are applicable, apply in relation to search and seizure made under this section. (12) The Administrator shall have power- ;(a) to take samples of gold from any dealer, refiner or other e r s o n in such manner as may be prescribed; (b) to send such sample for assay or analysis to such auehoriky as may be prescribed `and` to require such authority to send a report to the Administrator as a result of the assay or analysis. (13) Where at the time of arrest of any person or seizure of any person makes a statement to the officer making such arrest or seizure, gold, document or other ggods `1 % -` - ig the .possesgi~n `QX` .aapperson, `such.` that officer shall on demand by such person furnish him with a copy `0f` the statement. Eqlanation,--Any reference to gold in this section and in sections 29 and 30 shall, unless the context otherwise requires, ineIuae any article containing gold of any purity, referred to in sub-section `(1)` of section 3. st f 9651 Gold (Cmtro'e) B r the Adrnipistzator Power to of. ascertaining [[hold ]] quiry[[in- ]] and to call for infor- inforwhose mation. (3) The Administrator or any gazetted officer authorised by him in this behalf may request any officer of Government to furnish any i~lfurrrlalion relating to any particulars contained in any return or declaration made to, or any accounts, registers or other dccuments piSoduced before or inspected by such officer of Government under the provisions of any law if, in the opinion of the Administrator or the gazetted officer aforesaid, such information is necessary for the 118 M of Law' 28. Gold (Control) [ACT 18 `218` irnplementation of the provisions of this Act; and when such request is made, the officer of Government shdl comply with such request notwithstanding the provisions olf 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 of the particulars referred to in sub-section (I) or sub-section `(2)-` (a) for the purposes of any prosecution for any offence, or (b) to any officer or other employee of Government where it is necessary to make such disclosure to such officer or other employee for the purposes of this Act or of any other law. 26. (1) Any ulYicw aull~urised by lhe ALZrllinislralor in this may- kawer lo enter, search, and seize to obtain information a d to take namples. (a) enter and search the estzblishment of a dealer OF any refinery; (5) Any officer authorisecl by the Administrator in this behalf may, if he suspects that any person has contravened, or is contraveiling or is about to contravene any provision of this Ad, detain such person and ,take hi~m to a gazetted officer authorised by the Administrator or to a magistrate for a search of his person and seizure of any such gold or document as is referred to in sub-section (3). (2) Any person authorised by the Administrator under this Act and any other person discharging any functions in the implementation of the provis?ons oP-this Act shall not divulge any information relating to any particulars contained in any return or declaration made to, or any accounts, registers or othet documents produced before, or inspected by, the Administrator or any such person. (9) Any officer who has arrested any person under this section she~ll, 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 silbject to under 5 of 1898. the Code of Criminal Procedure, 1898. (10) Any officer authorised by the Addministrator in this behalf lllQP, if he has reason to believe that any aircraft, vehicle or animal or any vessel is being, or is about to be, used for carrying any gold in respect of which he suspects that any provision ol this Act has been, or is being, or is about to be, contravened, at any time stop any such vehicle, animal or vessel or, in the case of an aircraft, compel it to land, and I (a) rummage and search any part of the aircraft, vehicle or vessel; (b) examine and search any goods in the aircraft, vehicle, vessel or on the animal; (c) seize any such gold as is referred to above and any books of account or other document relating to such gold; (d) break open the lock of any door or package for exercising the powers conferred by clauses (a), (b) and (c), if keys are withheld; (e3 if it becomes necessar,y to stop any such aircraft, vehicle or animal or vessel, he may use all lawful means for stopping it. and where such means fail, the aircraft, vehicle, vessel or animal may be fired upon. Criminal Procedure, 1898, `5` ,f 18% (7) No female shall be searched by any one excepting a female. -!& (6) A mzetted officer or magistrate befork whom any person is brought shall, if lie sees no reasonable ground for search, forthwith dhharge the person but otherwise shall direct that search be made 25. (1) A11 particulars contained in any return or declaration sWecy made or accounts, registers or other documents produced in accord- and fidelity, ance with this Act shall, save as otherwise provided in sub-sect.ion ( 4 ) , be treated as confidentinl, and notwithstanding anything oontained in the Indian Evidence Act, 1892, 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 the 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) Any officer authorised by the Central Government in this behalf may- (a) enter and search any premises, not being a refinery or establishment referred to in sub-section (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 Act has been, or is being, or is about to be contravened, along with the package, covering or receptacle, if any, in which such gold is found; (c) seize any books of account, return or any other document relating to any gold in respect of which he suspects that any provision of this Act has been, or is being, or, is about to be, can travened. `219` I i i f ? h a@% Ckm:~as~Br @e;@ Pndm G@?& Gold (Control) OF 19651 (3) Any officer authorised by the Administrator in this behalf may search any person if that officer has reason td believe that such person has secreted about his person- (a) any gold in respect of which such officer suspects that any provision of this Act has been, or is being, or is about to bie contravened, ( b ) any document relating to such gold, and seize any such gold or 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, take such person to the nearest gazetted offlcer a u t h o r i d by the Administrator or to the nearest magistrate. (b) seize 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, along with the package, covering or receptacle, if any, in which such gold is found; (c) seize any books of account, return or any other document relating to 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.

Source: India Code