The mandatory hallmarking order has been issued by Govt. on 15 Jan. 2020 for Gold jewellery/artefacts (not applicable to silver). This order makes it compulsory for all the jewelers selling Gold jewellery and artefacts to register with BIS and sell hallmarked Gold jewellery and artefacts of 14, 18 and 22 carat only ,from15Jan2021
Gold jewellery of 14 carat, 18 carat and 22 carat can only be hallmarked and sold. .
As on 01 January 2021, 33746 jewellers have taken BIS Registration. To deal with increasing
number of applications an online system for jeweller registration has been developed and employed for this purpose wherein any jeweller willing to obtain certificate of registration for selling Hallmarked Gold and Silver Jewellery/artefacts shall apply online in the BIS portal; https://www.manakonline.in/ The certificate of registration is granted instantly and stands valid for 5 years
As per section 29 of BIS Act, 2016, any person who contravenes the provisions of sub-sections (6) or (8) of section 14 or section 15 shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees, but may extend up to five times the value of goods or articles produced or sold or offered to be sold or affixed or applied with a Standard
Mark including Hallmark, or with both.
As per section 49 of BIS Rules, 2018, in case of precious metal article not conforming to the relevant standards, such compensation to the buyer/customer shall be two times the amount of difference calculated on the basis of shortage of purity for the weight of such article sold and the testing charges.
BIS follows a well-established complaint redressal procedure. Complaints are recorded centrally at Complaints Management and Enforcement Department. Complaints can be made both offline and online. Online complaint can be made through BIS mobile app or by use of online complaint registration portal on www.bis.gov.in or by sending a mail to complaints[at]bis[dot]gov[dot]in.Personally contacting/writing to Public Grievance officer of the nearest Regional/ Branch office of BIS or directly to the Head (Complaints Management and Enforcement Department). On receipt of the complaint it is investigated and further actions taken for its redressal.
As per provisions of Section 18(6) &18(7) of BIS Act 2016, the certified body or license holder or his representative shall be responsible for any shortage of purity. It is further informed that the Act also provides for action against Assaying & Hallmarking centre i.e, if any A&H Centre contravenes the provision of sub-section (6) or (8) of the section 14 of BIS Act 2016, it shall be punishable as per provision of sub-section (2) of section 29 of the BIS Act 2016, with imprisonment for a term which may extend to one year or fine which shall not be less than one lakh rupees. It may be further mentioned that provisions have also been made to cancel the recognition of such centres in the BIS (Hallmarking) Regulations framed under the provisions of BIS Act 2016.
The mandatory hallmarking order is applicable for jewellers selling the gold jewellery. Consumer can sell their jewellery to jeweller without hallmark. The jeweller may melt the jewellery and make new jewellery of the grade 14, 18 or 22 carat only as specified in Indian Standard IS 1417:2016 and shall get it hallmarked before reselling it.
The jewellery of 14, 18 and 22 carat only may be imported in India and can sold by registered jeweller after it is assayed and hallmarked by a BIS recognised hallmarking centre.
No, the order is applicable for gold jewellery and artefacts only. Gold bullion/coins of 999/995 fineness are permitted to be hallmarked by BIS approved Refinery/Mints (39 licensed refineries are in operation at present as on 01 Jan 2021).The list of BIS licensed Refineries/Mints is available at BIS website www.bis.gov.in under the hallmarking tab