Judgment

RAMASWAMI, J.: - In these petitions which have been filed under Art. 32 of the Constitution a common question is presented for determination, namely, whether the Gold (Control) Act, 1968 (Act No. 45 of 1968) is constitutionally valid.

2. The Gold (Control) Act, (hereinafter called the impugned Act) was passed by Parliament and received assent of the President on September 1, 1968. The impugned Act begins with the following preamble, namely, an Act to provide in the economic and financial interests of the community, for the control of the production, manufacture, supply, distribution, use and possession of, and business in, gold, ornaments and articles of gold and for matters connected therewith or incidental thereto . Section 2 contains a number of definitions. Section 2 (b) defines an article to mean anything (other than ornament), in a finished form, made of, manufactured from or containing, gold, and including (i) any gold coin, (ii) broken pieces of an article, but no including primary gold. Clause (d) defines a certified goldsmith to mean a self-employed goldsmith with who holds a valid certificate, referred to in S. 30. Clause (h) defines a dealer as follows:

dealer means any persons who carries on, directly or otherwise, the business of making, manufacturing preparing, repairing, polishing, buying, selling, supplying, distributing, melting, processing or converting gold, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration .......

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Clauses (i) states:

declaration means a declaration which is required by this Act or was required by Rule 126-I of the Defence of India Rules, 1962, or the Gold (Control) Ordinance, 1968, to be made with regard to the ownership, possession, custody or control of gold;

Clause (j) defines gold to mean gold, including its alloy (whether virgin, melted or re-melted, wrought or unwrought), in any shape or form, of a purity of not less than nine carats and including primary gold, article and ornament.

Clause (p) reads as follows:

ornament means a thing, in a finished form, meant for personal adornment or for the adornment of any idol, deity or any other object of religious worship, made of, or manufactured from, gold, whether or not set with stones or gems (real or artificial), or with pearls (real, cultured or imitation) or with all or any of them, and includes parts, pendants or broken pieces of ornament.

Explanation.- For the purposes of this Act, nothing made of gold, which resembles an ornament, shall be deemed to be an ornament unless the thing (having regard to its purity, size, weight, description or workmanship) is such as is commonly used as ornament in any State or Union territory;

Clause (r) states:

primary gold means gold in any unfinished or semi-finished form and includes ingots, bars, blocks, slabs, billets, shots, pellets, rods, sheets, foils and wires;

Clause (u) defines a standard gold bar as primary gold of such fineness, dimensions, weight and description and containing such particulars as may be prescribed.

3. Section 4 deals with the appointment and functions of the Administrator and Gold Control Officers and reads as follows:

(1) The Central Government shall, by notification, appoint an Administrator for carrying out the purposes of this Act.

(2) The Central Government may, by notification, appoint as many persons as it thinks fit to be Gold Control Officers for the purpose of enforcing the provisions of this Act.

(3) The Administrator shall discharge his functions subject to the general control and directions of the Central Government.

(4) The Administrator may authorise such persons as he thinks fit to also exercise all or may of the powers exercisable by him under this Act other than the power under sub-section (6) of this section or under clause (a) of sub-section (1) of Section 80 or under Section 81, and different persons may be authorised to exercise different powers.

(5) Sub