(1) A licensed dealer may sell, deliver, or otherwise transfer or agree to sell, deliver, or otherwise transfer ornaments to any person.
(2) Save as otherwise provided in this Ordinance, no licensed dealer shall—
(a) sell, deliver, transfer or otherwise dispose of or agree to sell, deliver, transfer or otherwise dispose of, or
(b) expose or offer for sale, delivery, transfer or disposal—
(i) primary gold to any person other than a licensed dealer or refiner or certified goldsmith,
(it) any article to any person other than a licensed dealer or refiner:
Provided that a licensed dealer shall not sell or transfer primary gold to any other licensed dealer or to any certified goldsmith in any form except in the form of standard gold bars.
(.3) Notwithstanding anything contained in sub-section (2), a licensed dealer may sell or deliver primary gold or article to any person in pursuance of an authorisation made by the Administrator or on production by that person of a permit granted by the Administrator in this behalf.
Nothing in section 35 to apply to the transfer of gold to an artisan.
36. Nothing contained in section 35 shall apply to the transfer or delivery, by a licensed 'dealer, of any primary gold or article to any certified goldsmith or artisan for the purpose of getting any ornaments made, manufactured, prepared, repaired or polished by such certified goldsmith or artisan.
Acquisition, sale, etc., of gold to be subject to conditions.
37. Every acquisition, acceptance, sale, delivery, transfer or disposal of gold by a licensed dealer shall be made in accordance with such conditions, limitations and restrictions as may be prescribed in this behalf.
Licensed dealers may take assistance of specialists.
38. A licensed dealer may, in the course, and for the purpose of manufacturing ornaments, send gold to any other dealer who possesses equipment for drawing wires or for die-casting or who is a specialist in stone-setting, engraving, enamelling, polishing or any other special process necessary for or ancillary to, the making, manufacturing, preparing, repairing or polishing of such ornament and that other dealer shall return such gold to the licensed dealer from whom he had received it after the completion of the process for which it was sent to him.
Sac. 1] Tttffi GAZETTE OF ifrDlA E&TRAOftbl*lAR¥ 3ftj Prohibition regarding possession of gold not included In any return.
39. Except in the case of any quantity of gold acquired, accepted or received after the date of making of any return referred to in section 57, no licensed dealer shall, in his capacity as such dealer, either own or have in his possession, custody or control any gold which has not been included in such return:
Provided that any gold acquired, accepted or received after the [ date of making such return shall be included1 in the next succeeding i return.
CHAPTER VIII CERTIFIED GOLDSMITHS
40. (I) Save as otherwise provided in this Ordinance, no person Certified shall commence, or carry on, business as a goldsmith after the com- goM- mencement of this Ordinance unless he holds a valid certificate re- smith».
cognizing him as a goldsmith.
(2) The certificate referred to in sub-section (1) —
(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 certified goldsmiths.
(3) Every certificate granted to a person under Part XIIA of the Defence of India Rules, 1962, recognizing him as a goldsmith, 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) Where any person has received any loan from the Government under any scheme for the rehabilitation of goldsmiths, he shall not be eligible for obtaining a certificate recognizing him as a goldsmith unless he has, within a period of seven months from the commencement of the Defence of India (Fourth Amendment) Rules, 1966, or within such further period as the Administrator may on sufficient cause being shown, allow, repaid such loan,
(5) Every application for the grant or renewal of a certificate referred to in sub-section (1) shall be made in such form, in such manner and on payment of such fee, not exceeding ten rupees, as may be prescribed.
38o tHtf GAZETTE OF INDIA EiCTRAOttDINARY P^ART H
(6) On receipt of an application for the grant or renewal of certificate, the Administrator may, after making such inquiry, if any, as he may consider necessary, by order in writing, either grant or renew the certificate, or reject the application for the same:
Provided that no certificate shall be granted or renewed under this section unless the Administrator, having regard to the following matters, is satisfied that the certificate should be granted or renewed, namely: —
(a) the applicant had been carrying on business as a goldsmith for more than a year immediately before the commencement of Part XIIA of the Defence of India Rules, 1962,
(b) the applicant is a member of the family of a person referred to in clause (a) and had been assisting such person in his work as a goldsmith for not less than one year immediately preceding the commencement of Part XIIA of the Defence of India Rules, 1962, and has not received any educational assistance or technical training facilities from the Government under any scheme for the rehabilitation of goldsmiths,
(c) the applicant or his family, or both, had not received any assistance from Government or any Government sponsored agency under any scheme for the rehabilitation of goldsmiths,
(d) the demand for ornaments, as estimated by the Administrator, in the region,
(e) the desirability of increasing the number of goldsmiths in the region,
(f) suitability of the applicant, having regard to his antecedents and competence, for the grant or renewal of a certificate,
(g) the applicant belongs to a category or class to which, in the opinion of the Administrator, such certificate may be granted in the public interest, and
(h) such other matters as may be prescribed.
(7) Every certified goldsmith shall have in his possession the certificate granted to him while he carries on business as such goldsmith and shall produce it for inspection on demand by any Gold Control Officer.
What a certified goldamith maymanufacture.
41. A certified goldsmith may make, manufacture, prepare, repair, polish or process 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:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 381
Provided that subject to the provisions of section 43, a certified goldsmith may, in the process of making, manufacturing, preparing or repairing ornaments, make, manufacture or prepare primary gold (other than standard gold bar) by melting, processing or converting any article, ornament or standard gold bar acquired or accepted by him in accordance with the provisions of this Ordinance.
Restrictions o« acquisition or sale of gold by B certified goldsmith.
42. A. certified goldsmith—
(a) may—
(i) buy standard gold bars from a licensed dealer or refiner,
(it) accept or otherwise receive any article, ornament or primary gold from a licensed dealer for the purpose of making, manufacturing, preparing, or repairing ornaments for such licensed dealer, (Hi) accept or otherwise receive, subject to the provisions of section 9, from any other person any article or ornament for the purpose of making, manufacturing or preparing ornament for such person or for the purpose of repairing or polishing such article or ornament;
(b) shall not, save as otherwise provided in this Ordinance, buy or agree to buy or sell or agree to sell any primary gold, article or ornament.
43. No certified goldsmith shall either own or have at any time in his possession, custody or control any quantity of—
(i) standard gold bars in excess of one hundred grammes, or
(if) any quantity of primary gold (including standard gold bars) In excess of two hundred grammes.
limit on primary gold which a certified goldsmith may possess.
44. The provisions of section 38 shall apply so far as may be to a certified goldsmith as they apply to a licensed dealer subject to the modification that every reference therein to a licensed dealer shall be construed as a reference to a certified goldsmith.
Section 3ft to apply to certified goldsmith*.
382 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
CHAPTER IX ARTISANS Artisans. 45. (2) A licensed dealer may employ, whether on a whole-time or part-time basis or on payment of dally wages or other remuneration, an artisan—
(a) who was a dealer or a goldsmith or was employed by a dealer for a period of not less than one year immediately preceding the commencement of Part XHA of the Defence of India Rules, 1962, or at any time thereafter but before the commencement of this Ordinance, or
(b) who is eligible to obtain a certificate recognizing him as a goldsmith.
(2) No person shall be employed by any licensed dealer as an artisan unless an identity card has been given to such artisan by the licensed dealer and no artisan, the countersignature of whose Identity card has been refused or whose identity card has been cancelled, shall be employed by a licensed dealer after such refusal or cancellation.
(3) Before employing an artisan, a licensed dealer shall make inquiries as to the antecedents of the artisan and grant him an identity card, in such form and containing such particulars as may be prescribed, and enter the name and the prescribed particulars of such artisan in a register to be maintained in such form as may he prescribed and shall send such identity card within one month from the date of issue thereof to Gold Control Officer for approval and countersignature.
(4) On receipt of the identity card of an artisan under this Ordinance the Gold Control Officer may, after making such inquiry, if any, as he may consider necessary, either countersign the identity card or if he is of opinion that the applicant is not a suitable person for employment as an artisan, refuse in writing to countersign such identity card.
(5) The Gold Control Officer may, if he is satisfied that the particulars of an artisan, as entered in the register referred to in subsection (3), are incorrect or false in material particulars or that the artisan has contravened any provision of this Ordinance or any rule or order made thereunder or of any other law relating to gold or foreign exchange for the time being in force, cancel the identity card of such artisan:
Sic 1] THE GAZETTE OF INDIA EXTRAORDINARY 383
Provided that no such cancellation shall be made unless the artisan has been given a reasonable opportunity of showing cause against the proposed action,
(6) The identity card—
(a) of an artisan, who is dismissed by the dealer by whom he is employed, or
(b) the countersignature of which* has been refused, or
(c) which has been cancelled, shall be immediately recovered by the licensed dealer by whom the artisan holding such card is employed and such dealer shall immediately recover all the quantity of gold which was in the possession, custody or control of such artisan on the date of such dismissal, refusal or cancellation.
(7) No licensed dealer or certified goldsmith shall accept employment as an artisan unless he has, before commencing work as an artisan, surrendered his licence or certificate, as the case may be, to the Gold Control Officer.
Functions of an artisan.
46. Subject to the other provisions of this Ordinance, an artisan may make, manufacture, prepare, repair or polish ornaments and may also repair or polish an article for the dealer by whom he is employed, but shall not, unless the dealer by whom he is employed is authorised by the Administrator, so to do, make, manufacture or prepare any primary gold or article:
Provided that such artisan may, in the process of making, manufacturing, preparing or repairing ornaments, make, manufacture or prepare primary gold (other than standard gold bar) by melting, processing or converting any article or ornament or standard gold bar.
Limits on primarygold which an artisan may have in his possession.
47. The total quantity of primary gold in the possession, custody or control, whether individually or collectively, of the artisans empioved by a licensed dealer shall not, at any time, exceed the limits specified in section 33.
Kestrictions on the acquisition, possession or disposal of gold by »n •rtlsan.