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Union of India - Section

Section 39 in Gold (Control) Act, 1968

39. Certified goldsmiths.

(1)Save as otherwise provided in this Act, no person shall commence or carry on, business as a goldsmith after the commencement of this Act, unless he holds a valid certificate recognizing him as a goldsmith.
(2)The certificate referred to in sub-section (1)-
(a)shall be in such form as may be prescribed,
(b)shall be valid until the death of the holder, or the cancellation, thereof, whichever is earlier, and
(c)[ shall be subject to such conditions and restrictions as may be prescribed.] [Substituted by Act 26 of 1969.]
(3)Every certificate granted to a persons under Part XII-A of the Defence of India Rules, 1962, or under the Gold (Control) Ordinance, 1968 (6 of 1968), recognising him as a goldsmith, shall, if in force immediately before the commencement of this Act, continue to be in force until the death of the holder, or the cancellation, thereof, whichever is earlier.
(4)On and from the commencement of this Act, the following classes of persons shall be eligible to apply for the grant of a certificate, namely:-
(a)a person who had been carrying on business as a goldsmith for more than a year immediately before the commencement of Part XII-A of the Defence of India Rules, 1962;
(b)a person who, at the commencement of this Act, is a member of the family of a certified goldsmith and had been assisting him in his work as a goldsmith for not less than one year;
(c)a person who has received any loan form the Government under any scheme for the rehabilitation of goldsmiths and has made, within six months from the commencement of this Act, an application for the grant of a certificate:
Provided that a certificate granted to such person shall be cancelled unless he repays the loan, within a period of two years from the date of the grant of such certificate, in such instalment as the authority by which the loan was granted may specify in this behalf;
(d)an artisan if he surrenders his identity card as an artisan;
(e)[ a person who belongs to a prescribed category or class to which, in the opinion of the Central Government, the certificate may be granted.] [Substituted by Act 26 of 1969.]
Explanation. - A person who is engaged as a hired labourer by a certified goldsmith shall not be eligible to receive a certificate under this section.[(4-A) 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-manufactures and manufactures of gold, it is necessary so to do, it may, notwithstanding anything contained in sub-section (4), by notification, empower the Administrator to entertain applications for the grant of certificates referred to in sub-section (1), from persons who possess such qualifications and fulfil such conditions as may be prescribed.] [Inserted by Act 26 of 1969, (w.e.f. 3-7-1969).]
(5)Every application for the grant of a certificate referred to in sub-section (1) shall be made in such form, in such manner and on payment of such fee, not exceeding ten rupees, as may be prescribed.
(6)On receipt of an application for the grant of a certificate, the Administrator may, after making such inquiry, if any, as he may consider necessary as to the antecedents of the applicant, his competence to work as a goldsmith and his suitability for the grant of a certificate, by order in writing, either grant the certificate or reject the application for the same.
(7)Every certified goldsmith shall have in his possession the certificate granted to him while he carries on business as such goldsmith and shall produce it for inspection on demand by any Gold Control Officer.
(8)A certified goldsmith may engage not more than one hired labourer to assist him in his work as a goldsmith but such hired labourer shall not make, manufacture, prepare, repair or process any article or ornament.