Section 9

(8) A dealer who may, in accordance with the provisions of this section, accept any ornament or ornaments having gold of a purity exceeding fourteen carats for the purpose of making, manufacturing or preparing new oriiamerlt or ornaments having gold of a puriLty exceeding fourteen carats, may send to any other such dealer who possesses equipments for drawing wires or casting dies, or who is a :specialist in stone setting, enamelling or polishisg,-- (a) the ornament or ornaments so accepted, whether before or after melting, for the purpose of drawing wires or casting dies; or ( b ) where new ornament or ornaments have been made, manufactured or prepared out of the ornament or ornaments so accepted, such new ornament or ornaments for setting stones, enamelling or polishing; and such otiier dealer shall, after drawing wires or casting dies or, as the case may be, after setting stones, enamelling or polishing, return them to the dealer from whom they were received. 14. (1) No dealer who has not obtained a licence under seotion 7 Registraor a certificate under section 13 shall carry on business as a dealer ::'$"ui:ltss he has been registered and possesses a certificate. tion of of tion of of dealers not falling under sectioir 7 `or 13, 13,` Provided further that where the Central Government is of the opinion that it is necessary so to do for carrying out the purposes of this Act, the Government may at any time, by geneml or special order, require that in respect of any gold not required to be declared under clause (a) or clause (b) or clause (c) or under the foregoing proviso, a declaration or further declaratioi~ as to the quantity, description and other prescribed particulars of or relating to such gold shall be made to the Administrator by such person and in such form and manner and within such time as may be prescribed. "'"E$$l"[REDACTED]"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, . , ., h u i &dl not be . , deemed to include any other person. ., (4) If any person who has made a declaration under sub-t;lection (3) acquires or parts with any quantit,~ of ornaments, he shall, OF 19651 Gold (Control) `2` 1.5 ' as often as he acquires or parts with any quantity of ornaments, make, within thirty days firom the date of such acquisition or parting with, a further deolaration to the Administrator as provided in subsection (2). (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 ornaments not exceeding in quantity or value such limit *,,4a,%s- ' % . `k...` . - - - & , " < - .- `as` may,,he p~ecifie-d >by khe, -Caerrtral Government under sub-section (I), acquires thereafter any ornament or ornaments so as to exceed such limit, he shall, within thirty days from the date the limit is exceeded, make a declaration to the Administrator in the prescribed form stating the quantity, description and other prescribed particulars of such ornament or ornaments owned by him on the date `otf` such declaration. (2) Every suqh dealer shall make an app1:cation for the grant of falling a certificate within such time, in such form and on payment of such under sectioir f,ee as may be prescribed 7 `or 13, 13,` `[ACT` 18 Gold (Control) 2 10 (3) If the Administrator is satisfied that an application for regis-tr2tiori. is in order, he shall, in accordance with such rules as may be prescribed, register the applicant and grant him a certificate of registration in the prescribed form: Provided that no application for the grant of a certificate of registration shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against such rejection. (4) A certificate granted under this section shall be valid for the period sr~ecified therein and may be renewed from t h e to time for such period and on payment of such fee as may be prescribed, and the provisions of this section relating to the first issue of a certificate shall apply as far as rnay be in relation to such renewal. . , (5) m e provisions of sections 9, 10, 11 and 12 shall, as far as may be, appily to a4dealer regislered u~ider thfs section as they apply to a dealer licensed under sectioln 7. 9. A lioence granted under section 7 or section 8 may,be cancelled '.by t h ~ Ad~'inisEFator if K e is satisfied that any statements made in the applimtion for the issue of the licence or in relation to the licence are incorrect or false in material particulars or that the holder of the licence has contravened any of the provisions of this Act Cancclla- `''OD` licences Ily Adminis. trator. `@@La&&` &a@ I A ~ ~ D Gold (Control) `207` or the pravisions of any other law for the time being in force in so far as it prohibits or restricts the. bringing into or taking out of 'India of any goods (including coins, currency, whather Indian or foreign, and foreign exchange), or the dealings in such goods by way of acquisition or otherwise: Provided that no licence shall be cancelled unless reasonable opportunity has been given to the holder thereof to show cause `why` the licence shall not be cancelled. I 10. A dealer who ceases to be registered under any law with res- Cancell a- tion of pect to sales tax or who discontinues his business in gold or a refiner licence who discontinues his business as such may make an application to `On` application by the Administrator for cancellation of his licence as dealer or refiner, dealeror as the case may be, and thereupon the Administrator may cancel his 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 do so within the period specified ~~f~~~C'-in 11. A dealer who, being required by section 7 to make an appli- Disposal cation for a licence, has failed to do so within the period specified ~~f~~~C'-in therefor or whose application for the issue of a licence has been sesslonof rejected or whose licence has been cancelled or a refiner whose appli- $:~7~cation for the issue of a licence under section 8 has been rejected ers in or whose licence has been cancelled shall not, after the expiry of that period or after such rejection or cancellation, as the case may be, carry on his business and shall, within thirty days from the date of such expiry, rejection or cancellation, sell or otherwise transfer to any dealer or refiner licensed under this Act the entire quantity of gold including ornaments, in his possession on the date of such expiry, rejection or cancellation and send intimation thereof to the Administrator. cation for the issue of a licence under section 8 has been rejected ers in or whose licence has been cancelled shall not, after the expiry of that E~,F of licences. 1%. Every dealer and every refiner who is licensed under this Act shall display his licence at a conspicuous place of the premises in which the business of such dealer is carried on or the premises in which the refinery is located. (c) shall1 not sell or otherwise transfer gold in any fonn in its possession unless such gold has been converted into gold of a purity not exceeding fourteen carats and unless, in the case of gold other than ornament, the sale or transfer is to a dealer or refiner licensed under this Act: `OF,` 19653 Gold (Cbntrol). `211` (d) shall maintain such accounts and submit such returnsi `as` to the quantity, description and other particulars of gold possessed, received, sold or otherwise transferred by it, as may be prescribed. (3) The person in charge of the management of any such institution shall be responsible for anything done or omitted to be done under this section. I1 CHAPTBR IV (7) Any person in possession or control of any gold, not being ornament, shall be presumed, until the contrary is proved, to be the olvner thereof. `[ACT` 18 Gold (Control) 214 Declara- `17.` (1) Where the Central Go~~ernment is of the opinion that if tlon to is necessary so to do for carrying out the purposes of this Act, that POmession Government may at any time, by general or special order, require `d` ornaments. that any person or class of persons owning ornaments shall, within such period as may be specified in the said order, make a declaration to the Administrator in the prescribed form as to the quantity, description and other prescribed particulars of the ornaments owned by such person or each person in that class: , ProvPded that it shall not be necessary to make any such declaration where the value, calculated in the prescribed manner, of the ornaments does not exceed- (a) where such ornaments are owned by a person, twentyfive thousand rupees; (b) where such ornaments are owned by a family, fifty thousand rupees. 13. (1) A dealer who is not required by sub-section (3)[of sec- ][Certified ] goldtion 7 to make an application for the issue of a licence under that smiths. sectinn a~EAas. not,~JataS~e& a,ne,l$%,ce >l,ns Ex&?u?nCe ofsan+yp$cation made by him under sub-section (4) of that section and who does not employ more than one hired labourer in actually making, manufacturing or preparing any ornament and is not himself in the employment of another dealer may, if he was carrying on business as a dealer for more than a year immediately before the 10th day of January, 1963,I (a) accept from any person, not being a refiner or a certified goldsmith or other dealer, any ornament or ornaments having a08 Gold (C?onhol) [ACT 18 - ,@ld of a purity exceeding fourkeen carats for the purpose `of` - : iriaking, manufacturing .or preparing, and - - (b) make, manufacture or prepare, new ornament or ornaments from that ornament or those ornaments subject to such restrictions relating to the purity and weight of gold contained in the new ornament or brnaments as may be prescribed. (2) No such dealer shall after the commencement of this Act t any such ornament or ornaments for the purpose of making, f a ~ t u r i n ' ~ dr preparing new 'ornament or ornaments as &rel ~ s ' h e has before s'uch commencement obtained under IIA of the Defence of India Rules, 1962, a certificate recog- him as a goldsmith: 16. (1) If any person who has made a declaration as to gold other 'Declarathan ornaments owned by him under Part XIIA of the Defence p ~ of India Rules, 1962, acquiros by succcwion, intostate or tcstalmcn- of gold other than tary, or in accordance with a permit granted by the Administrator, ornamentv or parts with, after such declaration any quantity `of` gold, not being ornament, he shall, as often as he acquires or parts with any quantity of gold, make within thirty days from the date of such acquisition or parting with, a further declaration to the Administrator in the prescribed form stating the quantity, description and other prescrib ed particulars of such gold acquired or parted with by him and giving the prescribed particulars of the person from whom such gold was acquired or in whose favour such gold was parted with, as the case may be. (2) If any person who did not own any gold, not being ornament, art any time during the period commencing on the 10th January, 1963, and ending with the 9th February, 1963, acquires, after the expiry of that period by succession, intestate or testamentary, or in accordance with a permit granted by the Administrator any quantity of gold, not being ornament, he shall, within thirty days from the date of such acquisition, make a declaration to the Administrator In the prescribed f o m stating the quantity, description and other prescribed particulars of such gold owned by hiin on the date of such declaration. ~ ,. ,,.- Explanation.-For the purposes of this section, any person in possession or control of any ornament shall be presumed, until the contrary is proved, to be the owner thereof. (2) If any person who has made a declaration under subsection (1) acquires or parts with any ornament after such declaration, he shall, as often as he acquires or parts with any ornament, make within thirty days from the date of such acquisition or parting with a fcrther declaration to the Administrator in the presarilbed form stating the quantity, description and other prescribed particulars `of` such osnament acquired or parted with by him `and` giving the prescribed particulars of the person from whom such ornament was acquired or in whose favour such ornament was parted with, as the case m y be. e v `,7 77'` 1 Provided that if the Administrator considers it necessary in the public interest so to do, he may, on applicativri made to him in this -' ' behalf by a dealer, grant to him a certificate recognising him as a I * .![' ][, ][goldsmith in such form and on payment of such fee as may be pres- ] cribed. - I , I * (3) A certificate granted under Part X I U of the Defence of . , India Rules, 1962, shall, unless the context otherwise requires, be deemed for the purposes of this Act to be a certificate granted under thiq section. . > * % ~ * - . < (3) If any person who has made a declaration under sub-sectio~ (2) acquires by succession, intestate or testamentary, or in accordance with a permit granted by the administrator, or parts with, any quantity of gold, not being ornament, he shal1,'as often as he acquires or parts with any quaintity of gold, make within thirty days f'rom the date of such acquisition or parting with a further declaration to the Administrator in the prescribed form stating the quantity, description and other prescribed particulars of such gold acquired or parted with by him and giving the prescribed particulars of the ~ [ACT 18, `2 ~ 2` GoEd: (Control) P-won from whom such gold,was acquired or in whose favour such gold was parted with, as the case may be. (4) FOT the removal of doubt, it is hereby declared that a declaration referred to in this section and section 17 shall be made- (a) in the case of gold belonging to a minor or a lunatic, by the guardian or manager of such minor or lunatic, as the case may be; (b) in the case of gold belonging to an idol or a deity, by the manager of such idol or deity, whether known as[shebait ] or manager or by any other name; (c) in the case of gold belonging to a person whose proptrries are under the management of a Court of Wards, by th6 manager of such Court; (d) in the case of gold belonging to a person whose properties are under the management of any administrator or receiver, by such administrator or receiver; (e) in the case of gold vested in an executor or an administrator of a will or other testamentary disposition, by such executor or administrator; (f) in the case of gold belonging to the members of a firm, by any partner of such firm; ( g ) in the case of gold belonging to an undivided Hindu family, by the head or karta of such family; (h) in the case of gold which is the subject matter of any pulltic or private trust, by a trustee of such trust; (i) in the case of gold belonging to a company incorporated oytside India, by any person in charge of the managemeht of such campany in India; (j) 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) in the case of gold belonging to any society, club or other association, by the secretary or manager of such society, club or other association. `(6)` No person8 who is required to make a declaration as to gold other than ornament owned by hiin under the Defence of India Rules, 1962, or this section or exempted from making such declaration under Gold (Control) OF `19651` 213 the said Rules or sub-section ( 6 ) of this section shall, after the cornmencement of this Act, acquire any gold other than ornament except- any gold other than ornament (a). by succession, intestate or testamentary, or (b) in accordance with a permit granted by the Administrator in this behalf. (6) No declaration or further declaration shall be required to be made under the foregoing provisions of this section in respect of- (a) any gold, whether contained in one or more pieces, owned by a minor unless the weight of such gold exceeds twenty grammes; (b) any gold, whether contained in one or more pieces, owned by an individual other than a minor unless the weight of s ~ ~ c h gold exceeds fifty grammes; (c) any gold, whether contained in one or more pieces, referred to in clauses (b) to (1) of sub-section (4) unless the weight of such. gold exceeds fifty grairnmes: Provided that no declaration or further declaration as aforesaid shall be required in respect of any gold owned by a fam?ly if the total weight of such gold whether contained in one or more pieces and whether owned by la member of the family severally or by all the members jointly or partly in the one way and partly in the other, does not exceed one hundred and fifty grammes: