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[Cites 0, Cited by 27] [Entire Act]

Union of India - Section

Section 114 in Gold (Control) Act, 1968

114. Power to make rules.

(1)The Central Government may, by notification, make rule for carrying out the purposes of this Act.
(2)In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a)fineness, dimensions, weight and description of a standard gold bar;
(b)particulars to be stamped on a standard gold bare article or ornament;
(c)form of-
(i)monthly accounts to be submitted by public religious institution;
(ii)declarations;
(iii)licences and applications for the issue or renewal thereof;
(iv)certificates and applications for the issue or renewal thereof;
(v)declarations to be made as to recovery of gold by a silver refiner;
(vi)accounts and returns to be submitted by a person acquiring gold under any permit or other authority;
(vii)permits to be granted under this Act;
(viii)returns to be submitted by a licensed dealer or refiner;
(ix)identity card of an artisan;
(x)register of artisan;
(xi)accounts, to be maintained by a licensed dealer or refiner or a certified goldsmith;
(d)conditions, limitations and restrictions subject to which-
(i)a dealer may sell, deliver, transfer or otherwise dispose of any gold on the hypothecation, pledge, mortgage or charge of which he had advanced any loan;
(ii)a refiner may refine gold;
(iii)a licensed refiner may buy, acquire, accept or receive, gold, or melt, assay, refine, extract or alloy gold or subject it to any other process, or sell, deliver, transfer or otherwise dispose of any gold;
(iv)a licensed dealer may buy, acquire, accept or receive or sell, deliver, transfer or dispose of gold;
(e)fees or charges to be paid-
(i)in respect of applications for the issue or renewal of licences or certificates;
(ii)for exercising supervision over the making, manufacturing or preparing any article or thing made of, or containing, gold of any purity;
[* * *] [Omitted by Act 44 of 1980, Section 50 and Fifth Schedule (w.e.f. 11-10-1982).]
(f)period-
(i)of validity of a licence, certificate or permit;
(ii)within which returns and declarations as to gold should be submitted by dealers, refiners and other persons;
(g)manner in which samples of gold may be taken from any dealer, refine or other person and the person to whom such samples may be sent for assay or analysis;
(h)manner-
(i)in which accounts are to be submitted by public religious institutions;
(ii)of endorsement on a declaration, when any gold is acquired or parted with;
(iii)of publication of notices and orders,
(i)regulating the use and consumption of gold by industrial users and other persons;
(j)[ the types or classes of cases in which any authorisation may be made by the Administrator;] [Inserted by Act 26 of 1969, Section 14 (w.e.f. 3-7-1969).]
(jj)[ the applications, subject to such conditions as may be specified therein, of names and other particulars of persons who have been found guilty of contravention of any of the provisions of this Act or the rules made thereunder.] [Inserted by Act 36 of 1973, Section 19.]
(k)[ any other matter which is required to be, or may be, prescribed.] [Relettered by Act 26 of 1969, Section 14 (w.e.f. 3-7-1969).]
(3)Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament, while it is in sessions, for a total period of thirty days which may be comprised in one session or ["in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] [Substituted by Act 20 of 1983, Section 2 and Schedule, for certain words (w.e.f. 15-3-1984).], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.