REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
P U B L I S H ED BY A U T H O R I TY
No. 442] NEW DELHI, FRIDAY, DECEMBER 21, '1973/AGRAHAYANA 30, 1895
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF FINANCE (Department of Revenue and Insurance)
NOTIFICATION
New Delhi, the 21st December 1973
S.O. 790(E).—In exercise of the rowers conferred by section 114, read with sub-section (6) of section 27, of the Gild- (Control) Act, 1968 (45 of 1968), the Central Government hereby makes the following rules further to amend the Gold Control (Licensing of Dealers) Rules, 1969, namely: —
1. (1) These rules may be called the Gold Control (Licensing of Dealers) Amendment Rules, 1973.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Gold Control (Licensing of. Dealers) Rules, 1969 (hereinafter referred to as the said rules) after rule 2, the following rule shall be in inserted, namely: —
"2A. Exemption from certain provisions of rule 2.—(1) Where an application under rule 2 is received by the Administrator from a person for the issue of a licence—
(a) in an international transit lounge at an International Airport under the control of the International Airports Authority of India constituted under section 3 of the International Airports Authority Act, 1971 (43 of 1971); or
(b) in a hotel recognised by' the Department of Tourism of the Government of India in the Ministry of Tourism and Civil Aviation as a five star deluxe, five star, four star, or three star, hotel; or
(c) in any other place where in the opinion of the Administrator large number of foreign tourists are likely to stay the Administrator shall not have regard to the matters specified in clause (dd) and clause (f) of the said rule 2, if after making such inquiry as he may consider necessary he is satisfied that a licence may be issued to such person.
(2423)
2424 T HE GAZETTE OF INDIA EXTRAORDINARY [PART II—(2) In issuing a licence untler sub-rule (1), the Administrator shall have rejjUrd to—
(a) the number of foreigners likely to—
(I) be In the International transit lounge, or (II) stay In the hotel or place, referred to in sub-rule (1);
(b) the sales of articles or ornaments, likely to be made to such foreigneri;
against foreign currency;
(c) the amount of foreign exchange to be earned from the sales of articles or
ornaments is not likely to be less than one lakh rupees per annum;
(d) the number of dealers existing in such international transit lounge, hotel.
or place;
(e) the demand for articles or ornaments which is likely to arise in such- international transit lounge, hotel or place such demand being estimat- ed on the basis of the turnover of the licensed dealers, existing therein, for a period of three years preceding the year in which such appli- cation for the -issue of licence has been made and such turnover shall be determined on the basis of the accounts and returns submitted under the law for the time being in force In relation to sold.
(3) No licence under this rule shall be granted—
(a) In the case of the premises located in the international transit lounge, unless the applicant has been authorised to open a gold dealer's shop in such premises by the International Airports Authority of India referred to in sub-rule (1);
(b) in the case of the premises located in the hotel or other place referred to in sub-rule (1), unless the applicant, if he be not the owner thereof, has been authorised to open a gold dealer's shop in such premises by the management of such hotel, or by the person who is in charge of such other place, as the case may be.
(4) Where an applicant has been granted a licence under this rule, he shall sell articles or ornaments to foreigners only and only against payment in foreign' currency.
(5) In this rule, ''foreigner" has the meaning assigned to it in the Foreigners Act, 1948 (31 of 1946)."
3. In rule 3 of the said rules, after clause (g), the following clauses shall be Inserted, namely: —
"(h) that the authorisation Issued to the applicant, who has been granted a- licence under rule 2A, to open a gold dealer's shop In the international transit lounge or hotel or other place, as the case may be. referred to' in rule 2A, has not been withdrawn by the International Airports Authority of India constituted under section 3 of the International Airports Authority Act, 1971 (43 of 1971), or the management of the hotel or the person fa charge of such place, as the case may be;
(i) that the turnover of the applicant, who has been granted a licence under rule 2A in the tweleve months immediately preceding the date of application for renewal of the licence was not less than one lakh rupees.".
[No. F.132/5/73-G.C.I1J
M. A. RANGASWAMY, Jt. Secy.
tab 3(li)] THE GAZETTE OF INDIA EXTRAORDINARY 2425 2426 THE GAZETTE OF INDIA EXTRAORDINARY [PART H—SEC. 3(U)1