Report No. 47
VIII. Gold Control Act
Re-draft of section 85, Gold (Control) Act, 19681
85. Punishment for illegal possession etc., of gold.- Whoever, in contravention of the provisions or this Act or any rule or order made thereunder,
(i) makes, manufactures, prepares or processes any primary gold, or
(ii) owns or has in his possession, custody or control and primary gold, or
(iii) buys or otherwise requires, or accepts or otherwise receives, or agrees to buy or otherwise acquire or to accept or otherwise receive, any primary gold, or
(iv) sells, delivers, transfers or otherwise disposes of, or agrees to sell, deliver, transfer or otherwise dispose of, or exposes or offers for sale, delivery, transfer or disposal, any primary gold, or
(v) melts, assays, refines, extracts, alloys, or converts any gold or subjects it to any other process, or
(vi) makes, manufactures, prepares, repairs, polishes or processes, or places any order for the making, manufacturing, preparing, repairing, polishing or possessing of, any article or ornament, or
(vii) buys or otherwise acquires, or accepts or otherwise receives, or agrees to buy or otherwise acquire or to accept or otherwise receive, or sells, delivers, transfers or otherwise disposes of, or agrees to sell, deliver, transfer or otherwise disposes of, or exposes or offers for sale, delivery, transfer or other disposal, any article or ornament, or
(viii) owns or has in his possession, custody or control any article or ornament, or
(ix) carries on any business or transaction in gold for which a licence or certificate is required to be obtained by or under this Act, or
(x) carries on business as a banker or money-lender shall, without prejudice to any other action that may be taken under this Act, be punishable-
(a) if the offence is under item (i), (ii), (iii) or (iv) of this section and relates to primary gold, the market price whereof exceeds one lakh of rupees or is under item (vii) of this section and is constituted by a contravention of the provisions of sub-section (3) of section 55 and the value of the unaccounted gold exceeds one lakh of rupees or if the case is one of a second or subsequent conviction for an offence under this Act, with imprisonment for a term which may extend to seven years, and with fine:
Provided that in the absence of special and adequate reasons to the contrary, to be recorded in the judgment of the court, such imprisonment shall not be less than six months:
Provided further that where the person convicted has, as a result of the offence made any illegal gain, the court, shall in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, sentence him to fine not less than the amount of such gain.
(b) in any other case with imprisonment for a term which may extend to three years, or with fine, or with both.
1. See para. 15.94 of the Report.
Section to be inserted1
114. Public censure.- (1) When any person is convicted of an offence under this Act, it shall be competent to the court before which the conviction takes place to cause the offender's name and place of residence, the offence and the punishment imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct.
(2) The expenses of such publication shall be recoverable from the offender in the same manner as a fine.
1. See para. 15.96 of the Report.
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