The Gazetie of India
GAI MAR
EXTRAORDINARY
PART II- Section 3-Sub- section ( ii)
PUBLISHED BY AUTHORITY
- =
No. 5 ] NEW DELHI , WEDNESDAY , JANUARY 9 , 1963 / PAUSA 19 , 1884
MINISTRY OF FINANCE
(Department of Economic Affairs )
NOTIFICATIONS
New Delhi , the 9th January 1963
S.O. 121. In exercise of the powers conferred by sub- rule ( 3 ) of rule 126E , read with rule 126X , of the Defence of India Rules , 1962, the Central Government hereby prescribes rupees one hundred as the fee for the making of an application for the issue of a licence under sub - rule ( 1 ) of rule 126E of the said Rules .
[No. F. 7 ( 26 ) / 63- SB . ]
S.O. 122. In exercise of the powers conferred by sub - rule ( 3) of rule 126 日 , read with rule 126X , of the Defence of India Rules , 1962 the Central Government hereby directs that an application for the issue of a licence under sub - rule ( 1 ) of rule 126E of the said rules shall be made in the following form, namely: --
Range
Gold Series No. 1 .
Circle
Code No ...
Serial No.
refinery
Application for licence by a gold-
dealer in gold .
(Rule 126 B)
(Delete the letters and words not applicable)
To
The Superintendent of Central Excise ,
Sir,
son of.
I /We ( Block letters ) .
( urname first)
residing at .. .request that I/We may be granted a licence to run a gold refinery during the year ending the 31st December , 19. deal in gold may be renewed for
2. I /We hereby declare particulars in the Schedule below of the premises of the gold refinery .
todeal in gold
( 9 ) THE GAZETTE OF INDIA EXTRA A
10
3. I /We agree to abide by the provisions of Part XII A of the Defence of India Rules , 1962 and any orders issued thereunder and the terms and conditions of the licence which may be granted/ renewed.
4. I /We have appended a treasury challan in payment of the licence fee of Rupees ......
5. I/ We hereby declare that no gold licence previously held by me/ us has been revoked or sus- pended or has failed to be renewed owing to a breach of Part XII A of the Defence of India Rules, 1962.
6. I / We have been registered under the Sales Tax and possess Sales Tax No ...., issued by . have not been
7. I / We have a branch of my business at the following premises .
branches our
Licence (s) in respect of the branch will be applied for separately to the authorised officer at , these branches
$. I/We am/ are also partner (s ) have financial interest in the business of .
Licence(s) in respect of this business will be applied for separately to the authorised ofloor at ......
9. I /We declare to the best of my / our knowledge and belief the inforamtion furnished herein as true and complete and that I / We have no other interest ( s ) in any other business , relating to the refining, converting , manufacturing , making , purchase or sale of gold or article made of gold in- cluding ornaments .
Place .
Signature( s ) of the applicant(s) Date
INSTRUCTIONS : Code and Serial Numbers will be filled by departmental officers . If the applicant has any other interest in any other refinery or establishment dealing in or with gold , full particulars should be stated under item 7 .
THE GAZETTE OF INDIA EXTRAORDINARY
I SRG 3 ( 11)]
SCHEDULE
1. Address of Premises .
Purpose of each .
Detailed description of cach .
Distinguish ing letter or number of cach.
2. Brief Lescription (with faries) of the premises ? - intended to be used .
3. Description of each main division of sub -division of the premises .
4. Safe - room or other place ( s ) of storage .
5. Quantity of refined gold and purity which the re- finery is capable of producing , per shift of 8 hours .
6. No. of shifts per day worked .
7. No. of persons employed .
8. Names and addresses of partners and others having financial interest in the business .
9. Names of managerial and clerical staff employed .
10. No , of workmen , working in the premises , per shift .
11. Names and addresses of outworkers employed , if any.
12. Broad details of machinery and power used , e.g. , voltage , rectifiers , transformers , crucibles , nature and type of fuel generally used .
13. Other manufacturing details .
14. Quantity of refined gold and purity which the re- finery produced during 12 months ending 31st December , 19 ...
15. Quantity of refined gold purity which the refinery expects to produce during 12 months ending 31stDecember, 19 ...
16. Quantity , description and purity of gold received during 12 months ending 31st December, 19 ...
17. Quantity descriptions and purity of gold disposed ofduring 12 months ending 31st December , 19...
18. Refining losses noticed during 12 months ending 31st December , 19 ...
Signature ( s ) of the applicant( s)
NOTE : 1. All varieties of gold of whatever purity and form should be included in the application,
2. Purity of gold should be expressed in terms of carats ( 100 per cent purity being 24 carats) or in fineness per mille . The description , weight and purity of each article of gold should be separately recorded .
[No. F. 7 ( 26) 63 -SB.1 THE GAZETTE OF A
12
S.O. 123. In exercise of the powers conferred by rule 126X of the Defence of India Rules , 1962 , thethe Central Government hereby directs that the licence issued under rule 126E of the said rules shall be issued in the following form , namely:-
Gold Series No. 2
Code No.
Range
Circle .
Serial No. of licence .
Licence to
run a gold refinery
deal in gold
(Rule 126E)
(Delete the letters and words not applicable) .
.address .
Shri/Sarvashri .
having undertaken to comply with the conditions prescribed in Part XIIA of the Defence of India Rules , 1962 and any orders issued thereunder and having paid the prescribed licence fee fof Rs .. .is / are hereby authorised to
run a gold refinery -during the year ended 31st December , 19 ..... in the undermentioned premis- deal in gold es, subject to the provisions of the Rules .
Address of the Premises (As Described in the Application for Licence)
2. The privilege conferred by this licence extends only to running a gold refinery
dealing in gold
3. No corrections in the licence will be valid unless ordered and attested by the licensing authority .
4. This licence may be revoked or suspended or its renewal may be refused if any declara- tion made or information given in the application , therefor is found to be false or if any under- taking given in such application is not carried out or for any other contravention of Part XII A of the Defence of India Rules , 1962 .
5. The grant of this licence shall be without prejudice to the rights of any other persons over the licensed business or the licensed premises to which such person may be entitled under any other law.
Place
Licensing Authority .
Date
RENEWAL OF THE LICENCE .
Year for which renewed
Date of renewal
Signature of renewing authority
Nors . The licence should be
authorised officer
displayed at a prominent place in the authorised premises in such a manner that it can be visible to any premises . other person visiting the
[No. F. 7 (26 ) /63 - SB. ] L THE GAZETTE OF INDIA EXTRAORDINARY
3 ( ii ) ]
S.O. 124. In exercise of the powers conferred by sub - rule ( 2 ) of rule 126 F , read with rule 126 X , of the Defence of India Rules , 1962 , the Central Government hereby directs that the return referred to in clauses ( a ) , ( b ) or ( c ) of sub - rule ( 1 ) cf rule 126 F of the said Rules shall be made in the following form , namely : --
Gold Series No. 3
Code No.
Range
Serial No. of return
Circle
Return of stock of gold held by the person in charge of refinery
dealer
on the date of commencement of Part XII A of the Defence of India Rules , 1962 .
[Rule 126F ( 1 ) ( a) , (b ) and ( c) ]
(Delete the letters and words not applicable)
To
The Superintendnet of Central Excise ,
I/We .
(address) (Block letters , surname first)
residing at hereby declare in the schedule appended hereto , particulars of all gold in any shape or form as well as all articles of gold including gold ornaments , jewellery, coins etc. , lying in my/ our possession , actual or constructive , control or custody , at the following premises ( or in any remises appurtenant thereto) , as on the midnight of the 9/ 10th January , 1963 .
SCHEDUJ E
1. Address of premises , including places of storage other than normal business premises such as house, safedeposit vault , bank , other persons custody.
2. Sales tax registration number and authority with whom registered .
Purity
3. Descripti n
Estimated value
Total Weight in grammes
No. of pieces and broaddes- cription
Total weight in grammes expressed in terms of pure gold
I
2
6
5
3
4
(a) Ornaments , old
b) Ornaments , new
(c) Manufactured articles other han ornaments , old.
d) Manufacture articles other than ( rnaments , new
(e) Other forms of Gold, old and new
Grand Total THE GAZETTE OF INDIA A
I/We hereby declare that a separate return will be furnished in respect of the following
separate returns
usinesses ofdealing or refining gold in which I /We am/ are partner (s) or have finarcial interest .
Address of business
I /We hereby declare that , to the best of my/ our knowledge and belief the information fur- nished above is true and complete and that no other quantityquantity of gold in any share or form 18 lying anywhere wholly or partially in my /our ownership , possession , custody or control .
I/We further declare that I / Weave studied the PICVISICDS of Charter IV of Tart XII A of the Defence of India Rules , 1962 , before submitting this return ,
lace
Date
Signature( s ) of the declarant (8)
Copy received on
Copy returned te the declarant (s) on
Place
Signature of the authorised Date
official.
Seal
Designation
INSTRUCTIONS 1. The return should be submitted in triplicate . One copy of the return , duly signed and sealed by the Superintendent of Central Excise shall be returned to the person in charge of the refinery or the dealer, as the case may be, which shall be retained by such person as evidence of the return made by the declarant.
2. The purity of gold should be expressed in terms of carats ( 100 % purity being 24 carats) or in fineness per mille .
3. All articles of gold in whatever form and whatever purity should te declared
[No F. 7 ( 26 ) / 63 - SB. ]
S.O. 125. In exercise of the powers conferred by sub - rule ( 1 ) of rule 126 1 , read with rule 126 X , of the Defence of India Rules , 1962 the Central Govern- ment hereby directs that the declaration referred to in sub - rule ( 1 ) of rule 126 I of the said Rules shall be made in the following form, namely
Gold Series No 4
Range .
Code No ...
Circle
Serial No. of Return
Return of stock of gold other than ornaments held by a person , other than a dealer or person in charge of a refinery , on the date of commencement of Part XIIA of the Defence of India Rules , 1962.
(Rule 126 1)
(Delete the letters and words not applicable)
To
The Inspector of Central Excise,
Sir,
residing at ..
I/ Wc ..
(address)
(Block letters , surname first)
hereby declare in the schedule appended hereto particulars of all gold other than ornaments , owned by me/us or in my/ our possession , custody or control .
G
OF
A
RAORDINARY
15
SCHEDULE
1. Address of place at which the stock is stored or held .
Purity
2. Description
Esti- mated value
Total
weight
in
grammes
No. of pieces with broad descrip- tion
Total weight in grammes expressed in terms ofpure gold
(a) Manufactured articles other than ornaments-
(1) As on the midnight of the 9/10th January , 1963 .
(ii) As on the day of the dec- laration is given viz ... 1963
(b) All other forms other than Ornaments-
(i) As on the midnight of the 9/ 10th January, 1963 .
( ii) As on the day the declara- tion is given viz..... 1963
3. Details of gold disposed of by me/us after the midnight of the 9/ toth Januaгу , 1963 are given below:-
(a) Name and address of person( s) to whom disposed of.
(b) Description
Purity
No. of pieces
Total
weight in
grammes
Value for which dis- posedof
Total weight ingrammes expressedin terms of pure gold
I/We hereby declare that to the best of my/ our knowledge and belief the information furni- shed above is true and complete and I/we have no other stock of gold in my/our possession , custody or control either in my/ our name or in partnership with any other persons .
I/We further declare that I/ We have studied the provisions of Chapter V of Part XII A of the Defence of India Rules , 1962 , before submitting this return .
Place.
Date .
Signature(s) of the declarant(s) .
Copy received on .
Copy returned to the declarant ( s ) on .
Place,
Signature of the authorised officer .
Date .
Designation .
Scal
INSTRUCTIONS
1. The return should be submitted in triplicate . One copy of the return duly signed and sealed by the Inspector of Central Excise should be returned to the declarant which shall be retained by the declarant as evidence of the return made by the de clarant .
2. Only finished gold ornaments are exempt from the declaration , all other articles of expressed in terms of carats gold should be declared . The purity of gold should be ( 100 % purity being, 24 carats) or fineness per mille .
[No. F. 7 ( 26 ) /63-SB.1 THE GAZE 16
S.O. 126. In exercise of the powers conferred by rule 126 I read with rule 126 X of the Defence of India Rules , 1962, the Central Government hereby directs that the further declaration referred to in sub - rules ( 4 ) , ( 5) and ( 6 ) of rule 126 I of the said rules shall be made in the following form, namely:-
Gold Series No. 5 .
Code No.
Serial No. of Return ..
Range
Circle .
Return of stock of gold acquired or disposed of by a person other than a dealer or person in charge of a refinery, after the commencement of Part XII A of the Defence of India Rules , 1962.1
(Rule 126 I )
(Delete the letters and words not applicable)
To
The Inspector of Central Excise,
Sir,
I/We
(Block letters , surname first) residing at
(address)
hereby declare in the schedule appended hereto particulars of gold other than ornaments acquired or disposed of by me/ us , after the commecement of Part XII A of the Defence of India Rules , 1962
SCHEDULE
1. Address of permises where the stock is/was held .
Stock
2
No. of pieces
Des- crip- tion .
Purity
Esti- mated value
Total wieght in grammes
I
2
3
(a) Opening Balance com- pare with previous return if any) .
(b) Quantity purchased/ sold
(c) Closing Balance .
Total weight in grammes expres- sed in terms of pure gold .
6
4
7 5 3. Name and address of person( s ) from whom purchased .
to whom sold
4. Date of purchase/ sale .
I /We hereby declare that to the best of my/ our knowledge and belief the information furnished above is true and complete and that this together with the earlier return No. ...dated includes all the gold in my/ our possession , custody or control either in my/ our name or in partner ship with her persons ,
I/We further declare that I/ We have studied the provisions of Chapter V of Part XII A of the Defence of India Rules , 1962 , before submitting this return.
Place
Signature( s) of the declarant (s ) .
Date
I /We hereby declare that the gold shown in this return as having been sold to me / us has been purchased by me/us .
Place
Signature( s) of the Licensee(s )
Address
Licence No.
Copy received on
Copy returned to declarant ( s) on
Place
Signature of the authorised Officer .
Date ' .
Designation .
Seal
INSTRUCTIONS :
1. The return should be submitted in triplicate . One copy of the return duly signed and sealed by the Inspector of Central Excise shall be returned to the declarant which shall be retained by the declarant as evidence of the return made by the declarant .
2. Only finished gold ornaments are exempt from the declaration ; all other articles of gold should be declared. The purity of gold should be expressed in terms of carats ( 100 per cent purity being 24 carats ) or in fineness per mille .
[No. F. 7 ( 26 ) 63 - SB . ]
S.O. 127. In exercise of the powers conferred by sub - rule ( 2 ) of rule 126F , read with rule 126X , of the Defence of India Rules , 1962 , the Central Government hereby directs that the further return referred to in clause ( d ) of sub - rule ( 1 ) of Rule 126F of the said Rules , shall be made at monthly interval , within a period of seven days from the end of the month in respect of which such return is made , in the following form, namely:-
Cold Series No. 6
Code No ....
Serial Number of Return,
Range .
Circle,
Monthly return of receipt , issue and stock of gold
Rule 126 F( 1 ) ( d )
Month,
Year.
(Delete the letters and words notrapplicable )
To
The Superintendent of Central Excise ,
Address of the rehnery / dealer .
Licence No.
Old Ornaments
New Ornaments
22carats
22carats
14-18carats
14-18carats
Above22carats
Below14carate
Below14carats
Above22carats
Above18butnotexceeding
Above18butnotexceeding
Totalweightingrammesex- pressedintermsofpuregold
Old manufactured articles other than ornaments
All other forms , old and new
New manufactured articles other than ornaments
low14carats
14-18carats
14-18carats
14-18carat
Below14carats
Above22carats
Below14carats
Above18butnotexceeding 22carats
Above22carats
Above22carats
pressedintermsofpuregold Totalweightingrammesex-
pressedintermsofpuregold Totalweightingrammesex-
Totalweightingrammesex- pressedintermsofpuregold
Above18butnotexceeding 22carate
pressedintermsofpuregold Totalweightingrammesex-
I
2
6
5
4
3
6
Opening Balance
Quantity received dur- ing month
TOTAL
Quantity diaposed of dur- ing mouth
Balance at the end of the month
Abov18butnotexceeding 22carats
18
1 :
14
17
20
13
21 22
I
20
66
2
44
23 24 25 26 instructions :
I/We declare that to the best of myfour knowledge and belief the information furnished above is true and complete and that no other quantity of gold is lying anywhere wholly of partially in my / our ownership , possession , custody or control .
Place,
Signature( s' of declarant(s) Date.
Copy received on ..
Copy returnedto the refiner on .
dealer
Place.
Signature of the authorised officer Date.
Seal ..
Designauen .
1. The return should be made out in triplicate . One copy of the return duly signed and sealed by the Superintendent of Central Excise shall be returned to the refiner/ dealer as evi- dence of the return made by the refiner dealer .
2. The return should be submitted even if there have been no transactions and within 7 days after the close of each month .
3. The purity of gold should be expressed in terms of carats ( 100 % purity being 24 carats ) or in fineness per mille .
[No. F. 7 ( 26 ) / 63 -SB. ) 8.O. 128. In exercise of the powers conferred by sub - rule ( 1 ) of rule 186 read with rule 126X , of the Defence of India Rules , 1962 , the Central Governme hereby directs that the account referred to in the said sub - rule shall be kept the following form and in the following manner , namely:--
Gold Series No. 7
Range ..
Circle ..
ENTRY BOOK OF DEALER/ REFINER .
[RULE 126G ( 1 ) ]
Address of Dealer/ Refiner .
Licence No.
Date
Issue
Remar
Receipt
Purity
Purity
Descr- iption
Desc- ription
Wt . in gms .
Wt. in gim s .
Sale/ Purchase Note No. and date
Name & address of person from whom received ог to whom sold
Licence No./ Permit No./ Declara- tion No. and date
I
6
2
8
5
3
9
4
7
INSTRUCTION : - The description of gold should refer to the shape or form , whether bars, ornaments , jewellery , coins , etc. The purity of each should be expressed in terms of carats ( 100 % purity being 24 carats ) or in fineness per mille . The description , weight and purity of each article of gold should be separa- tely recorded. All gold received and sold should be entered in this register.
Gold Series No. 8
Range .
Circle..
REGISTER OF MANUFACTURE OF DEALER / REFINER
[Rule 126 G( 1 ) ]
Address of Dealer /Refiner .
Licence No.
Date
Received after manufacture
orrefining
Issued for manufac- ture or refi ning
Date
Purity
Purity
Desc- ription
Loss in weight in manu- facture Or refining ( in grammes) Deg- cription
Wt. in gna .
Wt . in gms .
Name & address of the man ufacturer/ refiner/ out- worker to whom issued
10
6
8
3
9
7
4
5
INSTRUCTION. The description of gold should refer to the shape or form , whether bars , ornaments , jewellery , coins , etc. The purity of each article should be expressed in terms of carats ( 100 % purity being 24 carats) or in fineness per mille . The description , weight and pruity of each article of gold should be separately recorded.
Gold Series No. 9 .
Kange.
Circle.
STOCK ACCOUNT OF DEALER/ REFINER
[Ride 126 G (Tì ]
Address of Dealer/Refiner
Licence No.
Issue Receipt
Purity
Balance
Total weight in gms .
Total weight in gms .
Purity
Description
Description
in gms . Weight
Total weight in gms.
Weight in gms .
Date
expressed in terms of pure gold
6
8 2
I
3
7
4
5
INSTRUCTIONS.
Purity
Description
in gms . Weight
Re- marks terms of pure gold expressed in
expressed in terms of pure gold
10
II
12
9
13
14
-The description of gold should refer to the shape or form , whether bars , ornaments , jewellery , coins , etc. The purity of each should be expressed in terms of carats ( 100 % purity being 24 carats) or in fineness per mille . The description , weight and purity of each article of gold should be separately recorded .
[No. F. 7 ( 26 ) / 60 - SB . ] S.O. 129. In exercise of the powers conferred by sub - rule ( 4 ) of rule (12 read with rule 126X, of the Defence of India Rules , 1962 , the Central Governme hereby authorises the officers of the Central Excise Department specified column 2 of the table below as the persons who shall exerciexercise any oror all powers of the Gold Board in relation to the matters specified in the correspondi entries in columns 3 and 4 of the said table .
TABLE
2
4
3
I Superintendent
126F( 1) Return of gold in the possession of a dea or a refiner .
126 I
2 Inspectors
Declaration of non - ornament gold by p sons other than dealers or refiners .
[No. F. 7 ( 26 ) /63 - S .
S.O. 130.-In exercise of the powers conferred by rule 126X read with rule ( 4 ) of rule 126J of the Defence of India Rules , 1962 , the Central Governmer hereby authorises officers of the Central Excise Department not inferior in rar to officers specified in column 2 of the table below as the persons who shall cr eise any or all the powers of the Gold Board in relation to the matters speci in the corresponding entries in column 3 and column 4 of the said table .
TABLE
Rule of
Officers of the Central Excise
Department authorised to
Nature of the powers and functions Sl . Ne.
exercise the powers and functions
the Defence ofIndia Rules , 1962 to which the powers& functions have reference
2
1
4
3
126 E
I Superintendent
Issue, renewal , refusal or cancellation . licences of the dealers and acceptance an disposal of gold deposited by person whose applications for licences have bee refused or whose licences have been c celled.
126 F
2 Superintendent
Acceptance and authentication of returns affixing of signatures thereon and retur of authenticated and signedred copiescopies returns to licensed dealers and refiners .
126 G
3 Inspector
Calling for and inspection of accounts , re- gisters and documents from licensed dea- lers and refiners .
126 I
4 Inspector
Acceptance and authentication of declara- tions by persons other than licensed dea- lers or refiners and affixing of signatures on declarations and return of authenticated copies of declarations to the declarants .
126L ( 1 )
5 Sub - Inspector
Entry into and search of any establishment ofany licensed dealer or refinery and sef- zure of gold or packages , coverings and receptacles containing gold, in the event of suspected contravention of the rules .
I
2
3
4
126 L ( 2)
6 Sub - Inspector with the written permission of Superintendent .
Entry into and search of premises not being of refinery or establishment licensed dealer and seizure of any gold er packages , coverings or receptacles con- taining gold which may be found therein.
7 Inspector
126 L(6)
Power to take and dispose of samples .
126 L(4)
8 Superintendent
Power to hold enquiry for the purpose of ascertaining whether there has been any contravention of the provisions of Part XIIA of the Defence of India Rules , 1962 and to summon persons and documents .
9 Collector of Central Excise 126 M ( 1)
&(2)
Confiscation of gold found and seized under rule 126L( 1 ) or rule 126L(2) :
(a) where the value exceeds two thousand rupees;
Assistant Collector of Centra. Excise.
(b) where the value does not exceed twe thousand rupees .
126 - Q
10 Assistant Collector of Central Excise.
According of sanction for the prosecution of offences .
[No. F. 7 ( 26 ) /63 - SB. ]
A. BAKSI, Jt . Soey.
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1968