the gold (control) amendmetff bill, ~969 ~-2 be/as introduced in lok sabha-l , -  1 page 2, line 36-after "supervision"  omit -2; page 3, line 2,-" ', , for "s'ub-c lau_ses"l' read "sub-c)ause ii --3 page 3, line 21,-~fter "refit:lery" 2!!l!i " " , 4 page 4, line 31,-" ii  i insert after " e f !' ect '! 5 page 4, line 38,-after "be i' , " " "  , 6 page 5, line 40,'; ill "person" ~ "persons" 7 page 6, line 4,-i2! "appicab1e" read "applicable" 8 page 6, line 6,-for "for" ~ ','after" " 9 page 6 line 7,-for -, "substituted" 10 page 6, line 28,-" " - after "opportuni ty" orllit -11 page 6, line 30,-after "be" 2mii " " , 12 page 7, line 38,-after "hereby" omit -" n , 13 page 8, line 5,-for "field" read "fil~d" --14 page 8, line 9,-after "petitions" insert ti " , 15 page 8, line 10,-after "27 (2){ d)," insert "27 (6) n 16 page 8, line 15~-after "17(2)(d)" insert ii " , , 17 page 8, line 20-" ii - after "viz" insert li page 14, line 33,-'1( omit nnot" - -19 page 16,-i for the exi~ting!ma~inal heading to section 88,-: ,-"dea lers, etc, when to be deemed to have abetted an offence"  sravana 4, 1 91 (seka) bui no 6z of 1%9 the gold (control) amendment bill, [969 a billto amend the gold (control) act, 1968 be it enacted by parliament in the twentieth year of the republic ot india as follows:-1 (1) this act may be called the gold (control) amendment act, short title l!jti~ and comment-e-s (2) it shall be deemed to have come into force on the 3rd day of july, ment 1969 i \ i, -~ 011968 z in section 5 of the gold (control) act, 1968 (hereinafter referred to amendment as the principal act) in 6ub-section (2) ,-of !ection 5 (i) in clause (a), the word "and", occurring at the end, shall be 10 omitted; (ii) clause (b) shall be omitted amendmedt of section 8 3 in section 8 of the principal act, for lsub-section (2), the following sub-section shan be, and shan be deemed always to have been, subatttuted, namely:-ii (2) save as otherwise provided in this act, a person may,-(a) (i) acquire or agree to acquire the ownership, possession, s custotiy or control of, or (ii) buy, accept or otherwise receive or agree to buy, accept or otherwise receive, any ornament, unless he knows or has reason to believe that such ornament, being required to be included in a declaration, has not 10 been so included; (b) sell, deliver, transfer or otherwise dispose of, or agree to sell, deliver, transfer or otherwise dispose of, any ornament, but shall not do so if the ornament, being required to be included in a declaration, has not been so included" 15 4 in section 17 of the principal act,-amendmeftt ofsection 17 (i) in sub-section (2), for clause (d), the following clause shall be, and shall be deemed always to have been, substituted, namely:-"(d) shall be subject to such conditions and restrictions as may be prescribed"; 20 (ii) for sub-section (6), the following sub-section shall be, and shall be deemed always to have been, substituted, namely:-"(6) (a) no application for the issue of a licence to commence or carry on business as a refiner shall be granted unless the administrator, after making such inquiry as he may think fit, is a, satisfied with regard to the following matters, namely:-(i) the security of the premises where the applicant intends to carryon business as a refiner, the suitability of such premises for being used as a  refinery, and the existence therein of arrangements for the storage of gold before and 30 after refining; (ii) the existence, in such premises, of equipment for the manufacture of standard gold bars, ar for assaying of gold, and the quality and adequacy of sucli equipment; (iii) the existence, in such premises, of facilities for the 3' exercise of supervision, an~ control by the administrator or any other person authorised by him in this bebalf; (iv) the competence of the applicant to manufacture standard gold bars; and (11) such other matters as may be prescribed 40 (b) no application for the renewal of a licence to carry on business as a refiner shall be rejected unless-(1) the holder of such licence has been given a reasonable opportunity of presenting his case, and (2) the administrator is satisfied that-(i) the application for such renewal lias been mnde after the expiry of the period specified therefor, 01' (ii) the refinery does not continue to satisfy the matters specified in sub-clauses (i), (ii), (iii) or (v) of clause (a) , or (iii) any statement made by the applicant at the i time of the issue or renewal of the licence was incorrect or false in material particulars, or (iv) the applicant has contravened any term or condition of the licence or any provision of this act or any rule or order made thereunder or of any dther law iq for the time being in force in ,so far as such law prohibits or restricts the bringing into or taking out of india of any goods (including coins, currency, whether indian or foreign, and foreign exchange) or the dealing in such goods by way of acquisition or otherwise ij (c) notwithstanding anything contained in clause (u) or clause (b), a licence to commence or carry on business as a refiner shall not be issue'd or renewed if the administrator, after giving the applicant a reasonable opportunity of presenting his case, is satisfied that the entire volume of the refining business done, or proposed to be done, by the applicant may be conveniently done at 6 refinery, established or run by government or by a corporation owned or controlled by government (el) every order granting or rejecting an application for the issue or renewal of a licence shall be made in writing" 25 s in section 26 of the principal act, in claus~ (c), after the words "to amendment a licensed dealer", the words "or too such other person or authority as of section 26 may be specified by rule made in this behalf" shall be inserted 6 in section 27 of the principal act,-amendment (i) in sub-section (2), for clause (d), the following clause shall of section 2'1 be, and shall be deemed always to have been, substituted, namely:-30 "(d) iball be subject to such conditions and restrictions as may be prescribed"; (ii) for sub-section (6), the following sub-section shall be, and shall be deemed always to have been, substituted, namely:-35 "(6) (4) no application for the issue of a licence to commence or carry on business as a dealer shall be granted unless the administrator, having regard to such matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be issued ~b) no application for the renewal of a licence to carry on business as a dealer shall be rejected unless the holder of such licence has been given a reasonable opportunity c1f presenting his case and unless the a\iministrator is satisfied that-4' (i) the applicoation for such renewal has been made after the expiry of the period specified therefor, o'r ' (ii) any statement made by the applicant at the time of the issue or renewal of the licence was incorrect or false in material particulars, or (iii) the applicant has contravened any tenn or c01ldi~ tion of the licence or any provision of this act or any rule s or order made thereunder or of any other law for the time being in force in so far as such law prohibits or restl'icts the bringing into or taking out of india of any goods (including coins, currency, whether in'dian or foreign, and foreign exchange) or the dealing in such goods by way of acquisition or 10 otherwise, or (iv) the applicant does not fulfil the prescribed contiitions (c) every order granting or rejecting an application for the issue or renewal of a licence shall be made in writing"; (iii) after sub-section (6), the following sub-section shall be is inserted, namely:-"(6a) where the central government, having regard to the quantity of gold produced in india and the supply therein of gold through lawful channels, is of opinion that it is necessary (1't expedient in the interests of the general publlc so to do, it may, ao notwithstanding anything contained in this section, direct the administrator to restrict or reduce the number of licensed dt'alers to such extent and in such manner as may be specified by rules made in this behalf: provided that no such rules shall come into force until the as expiry of the period referred to in sub-section (3) of section 114 and if, before the expiry of the said period, both houses of parliament agree in making any modification in the rule or both houses of parliament agree that the rule should not be made, the rule shall come into force only in such modified form or be of 110' )0 effect as the case may ba" amen4ment of section 11 7 in section 31 of the principal act, in the first proviso, for clause (i) the following clause shall be, and shall be deemed always to have been, substituted, namely:-"(i) any ornament, unless he knows or has reason to believe that is such ornament, being require-d to be included in a declaration, has not been so included," 8 for section 32 of the principal act, the following section shall be, substituted, namely:-substitution of new sec· t! on for set' tion 82 "32 (1) save as otherwise provided in this act, no licensed dealer 40 shall have, at any time, in his possession or custody primary gold in any form except in the form of standard gold bars: posselislon of primary ,old by licensed deall'1" provided that bothing in this section shall apply to primary gold which ia obtained in the process of, or in connection with, the making, manufacturing, preparing or repairing of one or more articles 45 or ornaments, if the total quantity of such primary gold in the possession or custody of such dealer does not, at any time, f"xceed-(a) four hundred grammes, if he does not employ any artisan, 5 (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 thrn twenty 10 artisans: provided further that the central government may, having regard to the needs of the trade, volume of business and the interests of the general public, increase the quantitative limits specifi~d in the toregoing proviso is (2) where a licensed dealer has cut a standard gold bllr and has transferred or delivered a part thereof to a certified goldsmith or en artisan for the purposes specified in section 35, he may, notwithstanding anything contained in sub-section (1), have in his possession or custody the remnant of such bar which is left with him, and 20 in computing the quantities specified in the first proviso to sub-section (1), such remnant shall be excluded" 9 in section 39 of the principal act,-amendment    (~) in sub-section (2), for clause (c), the followldg clause shall of set'tion 39 be, and shall be deemed always to have been, substituted, namely:-as "(c) shall be subject to such conditions and restrictions as may be prescribed"; (ii) in sub-section (4), for clause (e), the following clause shall be, and shall be deemed always to have been, substitute\:l, namely:-"(e) a person who belongs to a prescribed category or class 30 to which, in the opinion of the central government, the certificate may be granted"; (i'ii) after sub-section (4), the following sub-section shall be inserted, namely:-35 "(4a) where the central government, having regard to the interests of the general public, is of opinion that for the continuance or development of the industry of semi-manufacturet' and manufactures of gold, it is necessary 80 to do, it may, notwithstanding anything contained in sub-section (4), by notiftcation, empower the administrator to enter1x:lin applications for the grant of certificates referred to in sub-section (1), from person who possess such qualifications and fulfil such conditions as may be prescribed"  | 10                    |   for seotion  ||------------------------|----------------|| otnew                  |                || iee-                   |                || substituted, namely: - |                || tion                   |                || 10r                    |                || 1ec-                   |                || hon                    |             46 |"46 the total quantity of primary go'ld in the possession or custody, wh,etber individually or collectively, of the artisans employed by a licensed dealer shall not, at any time, exceed the quantitative limit appiooble, under sub-section (1) of section 32, to such dealer"  11 (1) in section 50 of the principal act, in sub-section (1) ,-5 limitli on primllty gold which an artlaan may have in hia possession amendment of section 50 (a) for the words "to such goods,-", the fo'llowing words shall be, and shall be deemed always to have been substitut~, namely:-"suspend such licence or certificate, as the case may be, pending the completion of any inquiry or trial against the holder of such licence or certificate, for making such incorrect or false 10 statement or for such contj:"avention, as the case may be: provided that no such licence or certificate shall be suspended for a period exceeding ten days unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action"; is (b) clause (i) shall be omitted; (c) for clause (ii) and the proviso occurring after that clause, the following sub-section shall be, and shall be deemed always to have been, substituted, namely: - "(1a) the administrator may, if he is satisfied, after making 20 such inquiry as he may think fit, that the holder of any licence or certificate issued, renewed or continued under this act has made such incorrect or false statement es is referred to in subsection (1) or has contravened the provisions of such law, rule or order as is referred to in that sub-section, cancel such licence 25 or certificate, as the case may be: provided that no licence or certificate shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action" 1z for section 88 of the principal act, the following section shall be, 30 substituted, namely:-substitution of new sec_ tion for lectior 88 dealers, etc, when to be deemed to have abetted an offence "88 (1) a dealer or refiner who knows or has reason to believe, that any person employed by him has, in the course of such employment, contravened any provisions of this act or any rule or order made thereunder, shall be deemed to have abetted an offence against 35 this act: provided that no such abetment shall be deemed to have taken place if such dealer or refiner has, as expeditiously as possible, and in any case before the expiry of two days from the date on which he comes to know of the contravention or has reason to believe that 40 such contravention has been made, intimated in writing to the gold control officer, the name of the person by whom such contravention was made and the date and other particulars of such contravention (2) whoever is deemed, under sub-section (1), to have abetted an offence against this act, shall be punishetl with imprisonment for 4s a term which may extend to three years and shall also be liable to tine" 5 10 13 for section 100 of the principal act, the following section shall be substitution substituted namely: _ o! new sec-, hon for section 100 "100 (1) every licensed dealer or refiner or certified goldsmith, precautions as the case may be, shall, before accepting, buying or otherwise re- to be taken ceiving any gold from any person, take such steps as are specified by ~a~e~censed the central government by rules made in this behalf, to satisfy him- refine; or self as to the identity of the person from whom such gold is rroposed certified to be accepted, bought or otherwise received by him ,oldsmith before (2) if on an inquiry made by a gold control officer the person acquir~g from whom a licensed dealer or refiner or certified goldsmith is any ,0  purported to have accepted, bought (if otherwise received any gold is not found at the address mentioned by the licensed dealer refiner or certified goldsmith or at any other address ascertained from the first-mentioned address, the gold control officer may call upon such dealer, refiner or certified goldsmith, as the case may be, to establish that he had taken the steps specified by the rules made ujlder subsection (1) 20 30 (3) if such dealer, refiner or certified goldsmith, as the case may be, omits or fails, when called upon so to do, to establish that he had taken the steps specified by rules made untier sub-section (1), it shall be presumed, until the contrary is proved, that such gold was accepted, bought or otherwise received by such dealer, refiner or certified goldsmith, as the case may be, in contravention of the provisions of this act (4) nothing in this section shall apply to a petty transaction expzanation-in this sectiun, "petty transaction" means a transaction in which the total weight of any primary gold, article or ornament which is accepted, bought or otherwise received from the same person in the course of a day, does not exceed twenty-five grammes"  14 in section 114 of the principal act, in sub-section (2), clause (j) amendment shall be re-iettered as clause (k) and before clause (k) as so re-iettered, of ection 3s the following clause shall be inserted, namely: _ 114 "(j) the types or classes of cases in which any authorisation may be made by the administrator;"  6 ot 1988 15 (1) the gold (control) amendment ordinance, 1969, is hereby, repeal repealed and saving 60t 1869 46 of 1868 40 (z) notwithstanding such repe~l, anything done or any action taken, inclutling any notification, order or rule made, direction given, notice, licence or certificate issued, pennission, authorisation or exemption granted, whether under the gold (control) act, 1968, or the gold (control) amendment ordinance, 1969, shall, in so far as it is not inconsistent with 4s the pl'<1visions of the gold (control) act, 1968, as amended by this act, be deemed to have been done, taken, made, given, issued or gi1mted, as the case may be, under the corresponding provisions of the gold (control) act, 1968, as amended by this act l'he bill seeks to replace the gold (control) amendment ordinance, lytiy, by which the gold (control) act, 1968, was amended 2 the gold (control) act, 1968, was challenged before the supreme court in three writ petitions field by licensed dealers and/or money-lenders the supreme court upheld the constitutional validity of the act as a whole and also upheld parliament's competence to enact the legislation numerous provisions of the act which were specifically impugned in the said writ petitions also survived the challenge as tv their vali\:lity sections 5(2) (b), 27(2) (d), 32, 46, 88 and 100 were, however, declared by the bupreme court to be invalid 3 the above-mentioned provisions which have been declared by the ::>upreme court to be invalid are being substituted by new provisions which have been drafted having regard to the observations made by the supreme court certain other provisions of the act, viz, sections 17 (2) (d) 17 (6) ond 39 (2) (c), which are similar in nature, substance or language to those which have been declared by the supreme court to be invalid are also being modified in the light of the observations made by the supreme court opportunity is also being taken to amend some other provisions of the act, viz sections 8(2), 26,31,39(4),50 and 114, in the light of the experience gained in the working of the act p c sethi new delhi; the 18th july, 1969    recommendation under article 117 of the constitution of india[copy of letter no 1/47/69-gcii (1), tiated the 18th july, 1969 from shri prakashchand b sethi, minister of state in the ministry of finance to the secretary, lok sabha] the vice president acting as president having been informed of the subject matter of the gold (cq'dtrol) amendment bill, 1969, namely, to amend the gold (control) act, 1968, has recommended, under clause (3) of article 117 of the constitution, the bill for consideration by the lok sabha  , 'p')} "~'' '''-;,' i  ·'~~1  '  ',,~- '/'"   ' th~ bipwhi~h seeks to replace the gold (control) amentlment ordinan~, 1969, does not contain any provision which involve an, expenditure' from' the consolidated fund of india the implementation of the ~~q~w~ ()f the bul, wo!j,ld, however, necessitate the deployment of ~qgle twl 2 the staff required for the implementation of the provision id~lud­~ in this,am il ajrea4y in position the annual recurring expentliture 9d ~~  req,~~jn~n~ of personnel is of the order of bs 30 lakha as against the said expenditure, there is an annual income of rs 151akhs (apptoxfmately)  the net recurring annual expenditure od the enforcement ot gold goq~l ii of· the orejer of ra 15 lakha 3 the bill would not require any addition to the staft whieh is al ready in poiition therefore, the bill, if enacted, would not 1:4lvolve any expenditure on  requirement of personnel and fin~ces in addj;~9n to what is being incurred at present on the eator~~t of gold c~tf01 4 the bw dciiis ,not involve any non-recurrinb expe~e~, ,  the bill provides for the fiqiding of rules under section 114 of the gold (control) act 1968 with regarti to the following matters, namely:-(i) conditions and restrictions to which licences issued to dealers or refiners or certificates issued to certified goldsmiths shall be subjedj (ii) additional jiultters which should be taken into consideration before disposing of an application for the grant of a licence to oommence or carry on business as a refiner; (iii) person or authority to whom gold recovered during the course of silver refining may be disposed of; , " (tv) matters which shall be taken into eonsideration before grant-~g or rejecting an application for the issue or renewal of a licence to commence or carry on business ai a dealer; (,,) additional category or class af person who shall be eligible to apply for the grant of a certificate referred to in section 39; (vi) qualiftcations on the possession of which and conditions on the fulftlment of which en application for the grant af a certiftcate to a person, who is not covered by any of the category specified in section 39(4), may be entertained; (vii) steps which a licensed dealer or refiner or certifted goldmnith should take to satisfy himself as to the identity of the penon from whom any gold is proposed to be accepted, bought or otherwise received by him; ("u,i) types or classes of cases in which any authorisation may be made by ilie admin:!strator 2 clause 6 af the bill seeks to insert a new sub-section, namely subsection (sa), in section 27 that sub-section empowers the central government to direct the administrator to restrict or reduce the number of ucensed dealers in certain circumstances the extent to which and the manner in which such restriction or reduction may be made is to be prescribed by rules provisions have, however, been made to the effect that luch rules shall not come into force until iliey have been laid before parliament for ilie period specifled in sub-section (3) of section 114 parliament will thus have an opportunity to consider such rules before they came into force j1 such rules are disapproved by parliament, they would not come into force at all: and if they are modified by parliament they would come into force in such modified form 3 the delegation of legislative power is, therefore, of tl normal character  '~""''~-';""''''''''''-''''-'''~'  annexure - ltracts from: the gold (control) act, 1968 (-t5;oi' 1968) - • •- ; (i;  i,   chapter ii •, ,, ' ~trator am) gold control oiticds - - - - 5 (1)   -  - , ej power ot , (2) the administrator may, so fat as it appears to him to be necel- adrniru-sary 01' expedient· for' carrying out the 'provisions of this 'aet; /by lorder- ::':~ec (4) regulate, after consultation with the reserve bank of india, ti::, and t~ price at which any go'ld may be bought or sold, and' or  ~:' 'f> ~ ~< '(6) 'regui8te 'by iicences, permits 'br' othehv1~, the'ti1anilfacture, - tlistributioh, tr~port, acquisition, possession, transfer, 6isposal; 'use or consumption of gold  - - - - -  chapter iii restrictions relating to the manufacturj:, acqulsi'iiom', , possbssion, salj:, transi'd 08 dellvdy of gold8 (1) - - - - e (2) a person-kestrlctiona reprcuaa aequiaitiod (4) may, subject to the provisions of section 16,-1x •• ion (i) acquire or agree to acquire the ownership, pouesaiod, and custody or control of, or ' =  (ii) buy, accept or otherwise receive or agree to' buy, accept or otherwise receive, or  (iii) sell, deliver, transfer or otherwise di~e o~, any ornament which is not required to be included in 11 declaration; (b) shall not,-(i) acquire or agree to acquire the ownership, po8hllion, custody or control of, or (ii) buy, accept or otherwise receive, or agree to buy,' accept, \ buy or otherwise receive, or (iii) sell, deliver, transfer or otherwise dispose dl; or agree to sell, deliver, transfer or otherwise dispose of, any ornament which is required to be included in a declutilod wlleaa luch ornament has been included in a declaration which has been  duly made by the perscm who intends to ae1l, deliver, transfer bl'  otherwise dispose of such ornament - - - - -  'clupnr'vi   ,,~ - - - ri:mtas - (2) a licence issued under this secuon,-- - - - - (a) may contain such conditions, limitations and restrictions u tbe administrator may tbinlr fit to impose 6dd difterent conclitions, lljditauoill add reitrlctiona may' "be imposed for anrerent clusea of ,·"0 l" re~ers  - - - - - ,:;)),(6) ,on recel~t of ~ a})ru~~od for the lssue~r renew~ of aucence udtier tbla aectlan the 'adinihjiti'ator 'may, lifter ttilldds'such jdqulry u any, as 'he may consider necessary, by order in mlting,either'1ssue orl renew the licence, or reject the application for the sauie: provided that no licence shall be issued or renewed under this section unless the administrator, having regard to the following matters, is satisfied that the licence should be issued or renewed, namely:-~ (a) the number of refineries existing in the region in which the applicant intends to carryon business as a refiner, (b) the anticipated demand, as estimated by him, for refining facilities in that region, i (c) the facilities existing in that region for the assay of gold by ~~ 'any method6ther than the toueh-stone method, , , (d) the turnover of the applicant, if he is already carrying on btibinwas a retln'er, durl:tlg two years bnmedtately ipreceding the date of application for the renewal of the licence, "   (e) the suitability ami security ~f the premises where the applicant intends to carry on business as refiner, and the existence therein of arrangements for the storlge of gold before and after reftning, ;:; , (1), the existence or the probability of existence in the refinery or '\he' prophsed 'refinery, 'ils  the case maybe,' of 'equ'ipment for the manufacture of standard gold bars and 'the ttuldity (mid' adequacy of : such equipment, (g) the competence of the,p~1fcint ·to"irtmt&'~ standard , ~ ,gon ban, (h) the ex'istence ot' jfaei'll ties 'in the: re1inery' !of)'tlle" exercise of ~  :~on"and mntral'by the administrator or any ·otber pe1'8on { ~~lri1t1icnisedby him in this '~al1, (i) the existence of any refinery established or run by government, -  --_ u) the suitability af the aplslieant, (k) the' 'public m1etestj ~lid (1) such other matters as may be prescribed - - - - ~26 ~veryperson who refines or melis' ~ilver, inc1udirig itslf1l1oys'silvor shall-- - -  -   ' i'eftfter to keep record (c) sell such gold within a period of thirty days from the date of ,old of such declaration (jj: within such further period as, on sufficient recovered cause' being shown, may be allowetl by tlteadministrator, ,to a) li'cens- fro~ ed refiner or, if so authorised by the administrator,  to a 1ieehsed ~~nina ,dealer  chaptervn- -  dealers •27 (1) - - licensing of dealers (3) " a licence' imred '1mder ihis section,- - - - - (d) may contain such conditions, liinitations and restrietions as the admftiisti'ator may think fit to impose and different conditions, limitations and restrictions 1nay be imposed for different· classes of dealers - - - - - (6) on receipt of an application for the issue or renewal of a licence uuder'-this section, the administrator may, aftermakidg suoh inquiry, if any, ashe may co'ilsider necessary, by order in writing; either issue or renew the' licence, or 'reject the application for the same: ,provi\ied that no licence shall be issued or renewed under this section unless the administrator, having regard to'the following matters, is satisfied tlmtthe licence should be issued or renewed, 'namely:-(a) the number of dealers existins 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 the commencement of part xiia of the defence of india rules, 1962, during thetwo years immediately pre ceding such commencement, or, in the case of an application for the renewal of a licence, the date of the application for such renewal, (d) the previous experience, if any, of the applicant with regard to the making, manufacturing, preparing, repairing or polishing of, ar dealing in, ornaments, (e) the suitability of the applicant, (f) the suitability of the premises where the applicant intends 'to earry on business as a dealer, (g) the public interest, and (h), such other matters as may be prescribed  -                   -                                   -                                                    -                                                                     - acquiai-               31 save as otherwise provided in thia act, no licensed dealer shall buy tioll of            or otherwise acquire or agree to buy or otherwise acquire or accept or :~~ by a otherwise receive or agree to accept or otherwise receive any artiele, or-  er         nament or primary gold from a person who is not 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 licenaed dealer or refiner,-      (i) any ornament which is not required to be included in a dec-laration or any ornament which, being required to be inclu\ied in a declaration, has been 80 included,         -                           -                                              -                                                                 -                                                                                    -    provided further that where any such dealer haa 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, manufacturetl, prepared, repaired or polished, take back such ornament from the brtilan or certified goldsmith, as the case may be                                                                        i" posse38ion                32 save as otherwise provided in this act, no licensed dealer shall oflpdrimgo b ary either awn or have at any time in his possession, custody or control pd-      ya                                                                             licensed             mary gold 10 any farm except m the form of standard gold bars: dealer   provided that such dealer may, unleu the central                                                          government (havini regard to the needs of the trade, volume of business and pubuc interest) otherwise directs, own or keep in his possession, custody or control not more than-(a) four hundred grammes, if he tloes not employ any artisan,      (b) five hundred grammes, if he employs not more then ten artisans,                                           (c) one thousand grammes, if he employs more than ten but not 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             -                              -        - chapter viii - -  certified goldsmiths •at (1) - - certified goldamitha - (2) the certificate referred to in sub-section (1)-- - - - (c) may contain such conditkms, limitations anti restrictions, as the administrator may think fit to impose and different conditioill, limitations end restrictionl may be imposed for different classes of certified goldsmiths - - - - - (4) on anti from the commencement of this act, the following classes of persons shall be eligible to apply for the grant of a certifioate, namely:-- - - - - (e) a person who belongs to a category or class to which, in the opinio'd of the administrator, the certificate may be granted in the public interest e:cplanation-a person who is engaged as a hired labourer by a certified goldsmith shall not be eligible to receive a certificate under this section - - - - -  chapl'er ix- - - - - 48 the total quantity of primary gold in the possession, custody or ijmits on control, whether individually or collectively, of the artisans employed by primary a licensed dealer shell not, at any time, exceed the limits specified in gohl? h w ic an section 32 artiaan - - - - - ma)'have mhia p0888ision chapter x  'j cancellation and suspension ol" licences and cerlificateso of 1908 50 (1) the administrator may, if he has any reasonable cause to be- cancellalieve that the homer of any licence or certificate issued, renewed or con- tion or tinued under this act has made any statement in, or in relation to, any subpedsion application for ~e issue or renewal of a licence (jt for the issue of a cer- ~! = tiftcate under this act which is incorrect or false in material particulars cate or has contmvened any provisions of part xiia of the defence of india rules, 1962, the gold (control) ordinance, 1968, or of this act or any rule or order made thereunder or of any other law for the time being in force which prohibits, restricts or regulates the bringing into or taking out of india of any goods [inclutiing coins, currency (whether indian or foreign) and foreign exchange] or the carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing such goods or the making of any payment in relation to such goods,-(i) suspend sucn licence ar certificate, as the case may be, pending the completion of any inquiry or trial against the holder of such licence or certificate, as the case may be, f:c1r such contravention, or (ii) cancel such licence or certificate, as the case may be: provided that no such licence or certificate shall be suspended for a perioti exceeding ten days or cancelled unless the holder thereof has been gi~n a ~le o~rtunity of showing cause against the propoed action - - - - -  chapter xv- - -  - dealers, 88 (1) a aealer or refiner who knows or has reason to believe that any etc, provision ~ 1j1i~ act or any rule or order made thereunder has been, or ;:e:ed is ~iag, contravened, by any person employed by him in the course of to have such employment, shall be deemed to have abetted an offence against abetted an this act ' offence (2) whoever abets, or is deemed underswrsection (1) to havte abette'd, an offence against this act, shall be punished with imprisonment for a tenn which may extend to three years and shall also be lieb1e to fine -  - - - chapl'er:x!vi miscel~vfj  - , - - , precau 100 every licensed dealer f!r refiner or certified goldsmith shall, before tiot\l aeeepl!ng, buying or otherwise reeeiving any gold from any person, take to betaken all reasortable steps to satisfy himse-itas to the identity of such person :nsed and if, after an inquiry made by an otftcer buthorised in this behalf by dea1er~ the administrator, it is fuund toot such person is not either rea\:i11y traeecartifted able or is a fictitious pwson, it shall: be presumeq unless such dealer or goldsmith, refiner or certified goldsmith, as the case may be, establishes that he had ~~rihg taken all reasonable steps to sau,fy himse:lf &ii to the identity of such perany gold son, that such gold was bought, acquired, accepted or received by such licensed ~a1er ol" refiner or certified goldsmith, as the case may be, in contravention of the provisions of this act -  - - - power to make ru,le& iu (1)   -  - (2) in particl,llar, and without prejud,ice to the foregohlg power, such rules may provide for all or any of the following matters, namely:-- - - - - • ·(i) regulating the use and ~onsujd,ptiqn of gold qy industrial users and other persons; tj) y otiier matter which is nqwredkj be, or 'may be, pnitrjribed - - - - a bill to amend the gold (control) act, [968 " (shri prakashchani b sethi, minister oj state in the ministry oj finance) 