(1) Save as otherwise provided in this Ordinance, 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
(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.
(3) Every licence issued under Part XIIA of the Defence of India Rules, 1962, authorising the carrying on of business as a dealer, shall, if in force immediately before the commencement of this Ordinance, 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 Ordinance, d valid licence authorising him 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 oi 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 Ordinance, business as a dealer, shall make an application SEC. ]J THE GAZETTE OF INDIA EXTRAORDINAEY 375 (in such form and on payment of such fees, not exceeding one hundred rupees, as may be prescribed) for the issue of a licence.
(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, b> order in writing, either issue or renew the licence, or 1 eject 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 mstters, 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 th« commencement 01 Part XIIA of the Defence of India Rules, 1962, during two years immediately preceding such commencement, or, m the case of an application for the renewal of a licence, the date of the applicat on 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.
(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 Ordinance or any rule or order made thereunder and of any other law relating to gold or foreign exchange for the time being in force.
376 THE GAZETTE OF fNDiA EXTRAORDINARY [PART II Moneylending or other business not to be carried on in licensed premises.
29. No licensed dealer shall, unless authorised by the Administrator so to do,—
(a) carry on—
(i) business as a money-lender or banker, or
(ii) any business other than business as a dealer; »r
(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.
What n dealer may manufacture.
30. Subject to the other provisions of this Ordinance, a licensed dealer may make, manufacture, prepare, repair or polish 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 ornaments, make, manufacture or prepare primary gold (other than standard gold bar) by melting, processing or converting any article, ornament or standard gold bar.
Ornament, etc., to be stamped
31. (I) 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.
Acquisition of sold by a dealer.
32. Save as otherwise provided in this Ordinance, 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 article, ornament op primary gold from any person other than 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,—
(i) any ornament which is not required to be included ui a declaration or any ornamtent which, being required to be included in a declaration, has 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 SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 377 required to be included in a declaration, if the sale, delivery, transfer or disposal of such article has been authorised by the Administrator, (Hi) any primary gold, if i.he 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 Possession of primary gold by a licensed dealer.
33. Save as otherwise provided in this Ortbnance, 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 nnt 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.
Gold which ia not a part of the stoek-lnti adc, not to be kept in the business piemises of B dealer.
34. No licensed dealer shall keep in the premises where he carries on business as such dealer 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 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.
3y8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Sale ->r delivery of gold by a licensed dealer or certified goldsmith.