(1) Any Gold Control Officer who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of the Collector of Central Excise or of Customs, as the case may be, or has other lawful excuse for so doing, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
(2) Any Gold Control Officer who wilfully aids in or connives at the contravention of any provision of this Ordinance or of any rule or order made thereunder shall, for every such offence, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Punishment for giving false information.
97. Any person who wilfully or maliciously gives false information and causes any arrest, search or seizure to* be made under this Ordinance shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
Cognizance of offences, 98- (1) Save as otherwise provided in sub-seetion (2), no court shall take cognizance of any offence against this Ordinance except on a complaint in writing made by a Gold Control Officer, not below the rank of a Collector of Central Excise or of Customs, having iurisdiction over the area i'n which the offence is committed or any person authorised by him in writing in this behalf.
(2) No court shall take cognizance of any offence against this Ordinance committed by a Gold Control Officer, except on a complaint m writing made with the previous sanction of the Central Government 402 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Offences to ba tri_d summarily.
99. Notwithstanding anything contained in the Code of Criminal Procedure. 1898.— 5 of 1808
(i) no magistrate, other than a presidency magistrate or a magistrate of the first class shall try an offence against this Ordinance,
(ii) r-T7Prv offence against this Ordinance may be tried summarily by a magistrate.
CHAPTER XVI MISCELLANEOUS Presumption tag to ownership of gold.
100. Any person who is in possession, custody or control of any primary gold, article or ornament shall be presum'ed, unless the contrary is proved, to be the owner thereof.
Precautions to betaken by licensed refiner, dealer or certified goldsmith before acquiring any gold.
101. Every licensed dealer or refiner or certified goldsmith shall, before accepting, buying or otherwise acquiring any gold from any person, take all reasonable steps to satisfy himself as to the Identity of the person from whom such gold is being bought, or otherwise acquired or accepted or otherwise received a'nd as to the right of <nich person to sell, deliver, transfer or dispose of such' gold, and if, after an inquiry made by an officer authorised in this behalf by the Administrator, It is found that the person from whom! such gold is purported to have been bought, acquired, accepted or received is either a fictitious person or a person who is not readily traceable, it shall be presumed, unless the contrary is proved by such dealer or refiner or certified goldsmith, as the case may be, that such gold was bought, acquired, accepted or received in contravention of the provisions of this Ordinance or any rule or order made thereunder.
Power to take sarnplei.