REGISTERED No. D. (D.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 74] NEW DELHI, TUESDAY, FEBRUARY 14, 1978/MAGHA 25, 1899
Separate paging is given to this part in order that it may be filed as a separate compilation.
MINISTRY OF FINANCE
(Department of Revenue)
ORDER
New Delhi, the 14th February, 1978
S.O. 92(E).—In exercise of the powers conferred by sec- tion 109 of the Gold (Control) Act, 1968 (45 of 1968) the Central Government, being of the opinion that it is necessary and expedient in the public interest so to do, hereby exempts certified goldsmiths from the provisions of sections 40 and 41 of the Gold (Control) Act, 1968 (45 of 1968) subject to the following conditions, to the extent specified below, namely :—
A certified goldsmith may—
(a) make, manufacture, prepare and sell ornaments made from standard gold bars, which he is allowed to possess under the provisions of section 42 of the Act, provided that he has customer's or- ders in his possession and has entered such orders in the prescribed account and has noted the name and address of the customer in such account.
(b) purchase ornaments, the total weight of which docs not exceed 35 grammes at a time from any person other than a dealer and utilise the same for the pur- pose of making, manufacturing or preparing orna- ments; provided that he has received orders from customers (other than dealers) and has entered such orders in the prescribed accounts subject to the con- ditions mentioned hereunder :—
(1) the goldsmith has a business premises and has declared the particulars of such premises to the Gold Control Officer, not below the rank of Inspector of Central Excise within the local limits of whose jurisdiction it is situated and get the same entered in the goldsmith's certificate by the said officer,
(2) the goldsmith shall maintain account and issue vouchers for purchase and sale of ornaments in the manner prescribed in the Gold Control (Forms, Fees and Miscellaneous Matters) Rules, 1969,
(3) subject to the provisions of section 43 of the Act, the goldsmith shall not perform any other function of a goldsmith outside the premises declared by him, except repairing and polishing of customers' ornaments and articles.
[No. F. 131/5/78-GC. II—F. 1/78]
NOTIFICATIONS
New Delhi, the 14th February, 1978
S.O. 93(E).—-In exercise of the powers conferred by sec- tion 114, read with clause (e) of sub-section (4) of section 39 of the Gold (Control) Act, 1968 (45 of 1968), the Central Government hereby makes the following rules to amend the Gold Control (Grant of Certificates) Rules, 1970, namely : —
1. Short title and commencement.—(1) These rules may be called the Gold Control (Grant of Certificates) Amendment Rules, 1978.
(2) They shall come into force on the date of their publi-
cation in the Official Gazette.
(199)
316 GI/77
200 THE GAZETTE OF INDIA : EXTRAORDINARY [PART H-SEC. 3(ii)]2. In (he Gold Control (Grant of Certificate:,) Rule.*,, 1970, in rule 3, after clause (c), the following clause and 1-xpla- nations shall be inserted, namely : —
"(d) any person, who possess adequate skill of a gold- smith, and has not been convicted or penalised for a (Ibid Control offence or for smuggling.
Explanation J : Any person who has worked ns an appren- tice with a .certified goldsmith for a period of not less than three months and whose name has been endorsed in the certificate al such certified goldsmith shall be deemed to possess adequate skill of a goldsmith.
Explanation II ; In this rule, "Gold Control Offence" mean* any contravention of the provisions of Part XT1A of the De- fence of India Rules, 1962, the Gold (Control) Ordi- nance 1968, the Gold (Control) Act, 196K (45 of 1968) or any rule or order mode thereunder."
fNo. F. n i / 5 / 7 8 - G C. 11— No, 2/78J
S.O. 94(E).~In exercise of the powers conferred by Sec- tion 114 of the Gold (Control) Act, 1968 (45 of 1968), the Central Government hereby makes the following rules further to amend the Gold Control (Forms, Fees and Miscellaneous Matters) Rules. 1968, namely :—
1. (1) These rules may be called Gold Control (Forms. Fees and Miscellaneous Matters) Amendment Rules. 1978.
(2) They shall come into force on the dale of their
publication in the Official Gazette.
2. In Rule 11 of the Gold Control (Forms, Fees and Mis- cellaneous Matters) Rules, 1968 (hereinafter referred to as the said rules) after sub-clause (c) of clause (1), the follow- ing sub-clause (d) shall be inserted namely : —
"(cl) the certified goldsmith who opt to avail of the ex- emptions mnde under section 109 with regard to the purchase and sale of ornaments by certified gold- smiths shall maintain, in addition to the account in Form No, GS-13, a separate account in Form No. GS-13A appended to the said rules."
3, In the said rules after Rule 13, the following rule
shall be inserted, namely :—
-•]3_A—Vouchers to be issued by certified goldsmiths
(1) Every certified goldsmith purchasing or selling gold ornaments shall issue a voucher at the time of each transaction.
(2) bach voucher shull contain
(i) the serial number of the voucher,
(ii) date of issue of the voucher,
(ili) name and address of the certified goldsmith issuing
the voucher,
(iv) name and address of the person to whom the
voucher is issued,
(v) description of the ornament purchased or sold and the weight and purity, of sold contnined in the ornammt,
(vi) signature of the certified goldsmith issuing the
voucher, and
(vii) signature of the person to whom the voucher is
issued.
(3) Each voucher shal be prepared in duplicate and shall be serially numbered, new series of numbers being used for each financial year.
(4) The duplicate copy of the voucher shall be retained by the certified goldsmith and the original copy of the voucher shall be given to the person to whom the voucher is issued.
(5) The voucher referred to in this rule shall be pre- served for a period of not less than two years, immediately following the close of the financial year which it relates,"
4. In the Appondix to the said rules,
(a) for Form No. GS-4, the following Form shall be
substituted, namely :
"FORM NO. G.S 4
[See rule 3(1)]
Application for Certificate as Goldsmith (Delete the letters, words or paragraphsnot applicable)
To
The
Sir,
T (Block letters)
Date of receipt of application
(Surname first)
son of
residing at
requc;
aged that I may be granted a certificate recognising me as a goldsmith.
2. I agree to abide by the provisions ofthe Gold (Control) Act, 1968 (45 of 1968) and any rule, orders and directions made thereundi
and the terms and conditions of the certificate which may bo granted.
3. I have paid the fee of Re. 1 forthecortificateandacopyof TR-6 enclose herewith as evidence thereof.
4. I httvobeentarryingonbusinessasagoldsmithformorethan a year immediately before 10th January, 1963,
I am a member ofthe family of Shri
and have been assisting him inhis worlds a goldsmith since
I have been working as an artisan of Shri OR
who holds a certificate No
OR
of who
201
dealer's licence No, is
andlhavesurrcndored my identity card as artisan>
OR
1 am a child of acertified goldsmith/artisan and not a minor/I am a rcpatiiatc who was a dealer as defined in clause (h) of scciion 2 of the Act.
I have been an apprentice since under Stiri who holds a certificate aj> a certified gJldsnvth baarlng c^rtificite No and eiicolsc herewith a certificate showing possession of necessary skillofa goldsmith,
5. I have not received any loan from Government under any scheme for rehabilitation of goldsmiths.
OR
I have received from Government a loan of rupees on under the scheme of rehabilitation of gold- smiths out of which rupees arc outstanding. I undertake to repay the outstanding amount of loan within a period of seven yearsfromthedateofgrantofthecertificate.
6. I append two copies of my photographs(passportsize).
7. I hereby declare thatto the best of my knowledge and belief the information furnished herein is true and complete Place
Signature or thumb impression of the applicant
Date
Certified that the particulars given underparas4and5havebeenverificdand arc correct
Identification marks of the applicant are :—
(a)
(b)
The photograph has been attested by me
Signature and designation of the authorised officer of the State
Government
Orders passed by the proper officerissuingthe certificate
Signature
Designation
Date
No. of certificate issued
Date of issue of certificate."
(b) for Form No GS-9, the following Form shall be substituted, namely:—
"FORM NO. G.S.9
[See rule 6(3)]
Range
Circle
Station
Certificate for recognition as a Goldsmkh.
Space for affixing photograph or for recording Shrl aged Son of identification marks.
having paid the pres-
residing at cribed fee of Re.l is hereby recognised as a goldsmith with effect from the 19 subject to the provision? of the Gold (Con- trol) Act, 1968 (45 of 1968), ana the rules, orders and directions made thereunder and to the conditions hereinafter specified; and this cetriflcate shall be valid for the life time of the holder unless it is cancelled earlier under section JO or under the proviso to section 39(4Xb),
In particular attention is drawn to the following matters namely :— The certificate does not entitle the holders to carry on the business of buying and
selling ornaments.
OR
The certificate eDtitle the holder to carry on the business of buying and selling orna-
ments in terms of the exemption made under section 109.
This Certificate is granted to the holder in bis personal capacity and shall remain in
his possession and beproducedforinspectionondemand by any proper officer.
Signature of proper officer
Designation :
Place
Date
Seal
J 0 2^ THE_GAZETTEJ3FJNDIA : EXTRAORDINARY [PART II—Src. 3(ii)]If a certified goldsmith lakes an apprentice for training the particulars of such "apprentice shall be entered in (he certificate. .
Particulars of apprentice undergoing training
Name of the apprentice
Date of enrolment
s.
No
(2)
(0
Signature of the officer
(3)
(4)
(c) After Form No, OS 13, the following form shall be added namely :—
FORMNO.G.S.-13A
[See Rule 11(1)]
golds mith
Namti and address of the Certificate No
Purchase and sale Account of Certified GoldFmlth's
Order Booked
full address of the customer Date Nimc and
Purchase
Description of ornaments Weight in
S. No.
3
2
1
Sulc
grammes
Voucher No. Weight in
Standard gold in- cluding remnants of standard gold bar S, No. of order entry No,
9
10 8
Voucher No. Weight in
grammes
grammes
4 5
6
7
Stock balarn :o in grammes
Old ornaments
Primary gold other than standard gold
New ornaments manufactuied
11
12
13
Nite : — 1. Whenever standard gold is purchased, add the word"Std."against the entry.
2 Separate entry in the account under separate serial No. shall be made for each transaction of purchase, sale and order • -
booked."
ORDER
New Delhi, the 14th February, 1978
S.O. 95(E).-—In exercise of the powers conferred by sec- tion 109 of the Gold (Control) Act, 1968 (45 of 1968), the Central Government, being of the opinion that it is necessary and expedient in the public interest so to do, hereby exempts every person from the operation of the provision of sub-sec- tion (1) of section 39 of the said Act to the extent that he may be engaged or employed by a certified goldsmith as an apprentice for the purpose of imparting training to mat c, manufacture, repair, prepare and process any article or or- nament subject to the conditions that :—
(a) the certified goldsmith by whom such person has been engaged, gets the name of such person endor-
[F. No. 131/5/78-GC.I1—No. 3/78]
sed on his certificate by the Gold Control Officer;
(b) the certified goldsmith Hforesaid shall not engage or employ more than one person as an apprentice at a time; and
(c) the person who is to be trained has not been con- victed or penalised for any Gold Control offence or for smuggling.
Explanation. In this order, "Gold Control Offence" means any contravention of the provisions of Part XIIA of the Defence of India Rules, 1962, the Gold (Control) Ordinance 1968, the Gold (Control) Act, 1968 (45 of 1968) or any rule or order made thereunder.
[No. F. 131/5/78-GC. II—4/78] M. RAMACHANDRAN, Addl. Secy.