India code link to Gold (Control) Amendment Act, 1971
ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. [Repealed.] 3. [Repealed.] 4. Reopening of past confiscations. 5. Validation. 6. [Repealed.]
ACT NO. 21 OF 1971
[24th June, 1971.]
An Act further to amend the Gold (Control) Act, 1968.
BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—
- Short title and commencement.—(1) This Act may be called the Gold (Control) Amendment Act,
1971.
(2) It shall be deemed to have come into force on the 20th day of May, 1971.
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- Reopening of past confiscations.—(1) Where any order made, before the commencement of this
Act, for the confiscation of any gold or other thing or giving option to pay fine in lieu thereof is such that
it could not have been made if the principal Act, as amended by this Act, were in force on the date on
which the said order was made, the officer competent under section 78 to adjudge such confiscation shall,
on an application made to him by the person aggrieved by such order, set aside the order of confiscation
or, as the case may be, the order giving option to pay fine in lieu of confiscation, and also any order
imposing penalty in addition to confiscation or giving option to pay fine in lieu thereof, and make a fresh
adjudication in accordance with the provisions of the principal Act, as amended by this Act.
(2) The power referred to in sub-section (1) shall be exercised by the officer specified therein in
relation to the final order of adjudication of confiscation or giving option to pay fine in lieu thereof or
imposing any penalty, whether or not such final order was made in appeal under section 80 or in revision
under section 81 or section 82.
(3) Every application referred to in sub-section (1) shall be made within ninety days from the
commencement of this Act or within such further time, not exceeding ninety days, as the officer specified
in that sub-section may, on sufficient cause being shown, allow.
(4) Where, and in so far as, any order for the confiscation of any gold or other thing, or any option
given to pay fine in lieu of confiscation, or imposing any penalty is modified or reversed, the officer
specified in sub-section (1) shall make an order for such refund or restitution as the circumstances of the
case may require:
Provided that where the restitution of any gold or other thing is not practicable, the said authority
shall make an order for the payment to the person to whom such restitution is to be made, the market
value of such gold or other thing, as on the date on which the fresh adjudication is made.
(5) Nothing in this section shall apply to any confiscation made, option given to pay fine in lieu of
confiscation, or penalty imposed under Part XII-A of the Defence of India Rules, 1962.
- Validation.—Notwithstanding any judgment, decree or order of any court, any confiscation made,
penalty imposed or fine levied under the Gold (Control) Act, 1968 (45 of 1968), before the
commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been made, imposed or levied in accordance with the provisions of the Gold (Control)