(1) This Ordinance may be called the Gold (Control) Ordinance, 1968.
(2) It extends to the whole of India.
(3) It also applies to the citizens of India outside India.
(4) It shall come into force at once- Deflnltlona.
2. In this Ordinance, 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— ({) 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 person who holds a valid certificate, referred to in section 40, recognizing him as a goldsmith;
(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 dav on which that Part was Initially Inserted into the Defence of India Rules, 1962, that is to say, the tenth day of January, 1963;
(gf) "company" means a company as defined In section 3 of the Companies Act, 1956 and includes a foreign company as defined in section 591 of the said Act;
I of 19M.
Sit. ii ¥&ti 6A^tE^E OF INDIA fejCTKAORlDlftAHY 35?
(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;
21 of 1860 {it) a local authority, company, society registered under the Societies Registration Act, 1860, co-operative society incorporated under any law with respect to co-operative societies, club or firm or other association of persons which carries on such business, or—
(o) 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;
(in) 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, Sfl of 1958.
but does not include the Reserve Bank of India, the State Bank of India, any subsidiary bank as denned in clause (7e) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959, or any banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949, in so far as such bank sells or transfers or exhibits for sale or transfer any gold.
10 of 1949.
Explanation.—For the purposes of this Ordinance—
(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— 8 of 1930.
(i) a mercantile agent as defined in the Sdie of Goods Act, 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 paymeat; and 358 THE &A2tftfTE OF lftt>lA E&fMoltolNAJrt [PART tt
(b) every branch in India of a firm or company having its registered office outside India, shall be deemed to be a dealer;
(i) "declaration" means a declaration which is required by this Ordinance or was required by rule 126-1 of the Defence of India Rules, 1962, 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 28 authorising him to carry on business as a dealer;
(n) "licensed refiner" means a refiner who holds a valid licence granted under section 18 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 Ordinance, 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 Ordinance and, until any rule is made in relation to any matter, by any notification or order made or any direction issued under the provisions of Part X1IA of the Defence of India Rules, 1962, provided that such notification, order or direction is not inconsistent with the provisions of this Ordinance;
SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 359
(r) "primary gold" means gold in any unfinished or semifinished form and IIKJLUUCS IO^JH-,, oarsa, oiucm-,, aidbs, biUeis, 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, relined, 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 flnei ness, 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 Ordinance, 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 80 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 the place where the offence in relation 'to that gold is detected.
3. Nothing in this Ordinance 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,
(6) any melting, assaying, refining, alloying or extracting of gold done by Government in any refinery owned or occupied by Ordinance not to apply to gold belonging, to Government or the Reserve Bank.
%o TliE GAZETTE OF ltt£>IA EXTRAORDINARY [PART It it, for the purpose of making or manufacturing primary gold foi its own use or for the use of the Reserve Bank of India, or
(c) any business of a dealer carried on by Government Appointment and functions of Administrator and Gold Control Officers.
CHAPTER II ADMINISTRATOR AND GOLD CONTROL OFFICERS