Under Mandatory System


A) Yes, Consumer can sell old un-hallmarked jewellery lying with them to jeweller . The jeweller may melt the jewellery and make new jewellery and get it hallmarked before reselling it.


i)  Any manufacturer, wholesaler, distributor or retailer engaged in selling precious metal articles has to mandatorily get registered with BIS.

 


ii)  The registration is thus required for:
  • a) Manufacturer, involved in selling hallmarked gold jewellery to wholesaler, distributor, retailer or to the end customer
  • b) Wholesaler, involved in selling hallmarked gold jewellery to distributor, retailer or to the end customer
  • c) Distributor, involved in selling hallmarked gold jewellery to wholesaler, retailer or to the end customer
  • d) Retailer, involved in selling hallmarked gold jewellery to the end customer

 


iii. It is also informed that artisans or manufacturers who are manufacturing the gold jewellery on job work basis for the Jewellers and are not directly related to sale to any of the persons in the chain such as Manufacturer, Wholesaler, Distributor and Retailer, may be exempted from registration. However, they must have supporting documents in claim to their status.

 


iv. Jewellers with annual turnover up to Rs 40 lakh do not fall within the purview of mandatory hallmarking. They may however get registration if they wish to sell hallmarked jewellery.

A) In the chain of Manufacturer, Wholesaler, Distributor and Retailer, the responsibility to get the article Hallmarked is on the one who makes the first point of sale. Thus hallmarking has to be done only once in the entire chain and it has to be done by the one who has made the first sale which may be Manufacturer or Wholesaler or Distributor or Retailer.


The exemptions under mandatory hallmarking order are as follows:-
  • (a) any article meant for export, which conforms to any specification required by the foreign buyer;
  • (b) an article with weight less than two grams;
  • (c) an article which is in course of consignment from outside India to an assaying and hallmarking centre in India recognised as per the Bureau of Indian Standards (Hallmarking) Regulations, 2018, for hallmarking;
  • (d) any article which is intended to be used for medical, dental, veterinary, scientific or industrial
    purposes
  • (e) any article of gold thread;
  • (f) any manufactured article which is not substantially complete, and which is intended for further manufacture;
  • (g) gold bullion in any shape of bar, plate, sheet, foil, rod, wire, strip, tube or coin.
  • (h) Export and re-import of jewellery as per Trade policy of Government of India.
  • (i) Jewellery for International Exhibitions.
  • (j) Jewellery for domestic Business-to -Business exhibitions, approved by Government. agency
  • (k) Special categories of jewellery -Kundan, Polki and Jadaau.
  • (l) Jewellers with the annual turnover of upto Rs.40 lakh per annum
  • (m) Gold watch and fountain pen.

  • A) i) The jeweller first needs to visit e-BIS website i.e. www.manakonline.in and select the ‘Hallmarking’ tile.
  • ii) Click on Login.
  • iii) Click on ‘Create Account’.
  • iv) Fill the Registration form by entering the requisite details
  • v) User ID is generated and sent to the jeweller to his/her registered contact number.
  • vi) Login using the credentials received via message to the registered contact number and fill the Online Application Form.
  • vii) Submit the form and the registration is granted instantly.

A) At the Jeweller’s end, the jeweller first needs to visit e-BIS website i.e. www.manakonline.in and select the ‘Hallmarking’ tile. Following this the list of steps to be followed by the jeweller to send jewellery to Assaying & Hallmarking Centre through the portal are as follows:
  • » Login with Username and Password
  • » Click on ‘Hallmarking’ tile
  • » Click on ‘New Request tab’ to generate new request
  • » Select the AHC and fill the requisite details like Item Category, Quantity, Item Category Weight, and Declared purity in the ‘Jeweller’s Hallmarking Request’ page.
  • » Click on ‘Submit to AHC’

The new Assaying & Hallmarking system helps to prevent fake or fraudulent Hallmarking in the following ways:
  • i) A provision is made in the portal to record the date and time during which the activities of Assaying and Hallmarking have been carried out. This will help in real time monitoring of the activities at Assaying and Hallmarking Centres. The time stamp of each activity at AHC can be used to calculate the total time taken for the completion of the entire process, starting with receipt of jewellery in the portal to dispatch of the hallmarked jewellery. This will provide a clear picture of whether the Assaying process was genuinely carried out before laser marking or not.
  • ii) The digital solution is also equipped with a provision to verify the authenticity of the hallmarked jewellery by the introduction of a six digit alphanumeric HUID code which shall be laser marked on the jewellery. This HUID code is unique and will be helpful in identifying the Jeweller who has got the article hallmarked or A&H Centre who has hallmarked the article. Thus the provision of HUID will help to monitor both the AHC as well as the manufacturer who has hallmarked the article.

Among Manufacturer, Wholeseller, Distributor and Retailer the one who has got the article hallmarked is responsible for penal action in case of failure of hallmarked sample. Also the Assaying and hallmarking centre who has hallmarked the article is equally responsible for penal action in case of failure of hallmarked sample


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 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 BIS CARE 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.


The jewellery may be imported in India and can be 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


No fee is being charged from jewellers for grant of certificate or registration.


Renewal of jeweller’s registration is not needed as the certificate of registration is being granted as one-time registration that has a validity for lifetime


With the certification of registration being granted as one-time registration, the validity of the existing jewellers’ certificates will be extended upto lifetime.


Under the new hallmarking system developed for Assaying and Hallmarking activities, a provision has been enabled wherein the jewellers can send the jewellery to the AHC without using the portal and the AHC personnel will initiate the Hallmarking request instead of the Jeweller. Provision for jewellers to send the jewellery to the AHC through the portal is also available, and it is advised that jewellers use it as the preferred option.


No; it is not necessary to re-hallmark the already hallmarked jewellery after the introduction of new hallmark with six-digit code.


The hallmarked jewellery can be re-hallmarked after being subjected to entire process of Assaying and only if it is found conforming to the relevant Indian Standard.


The hallmark on the jewellery remains valid even if it is returned by the customer after it was sold.


The jeweller can melt the old jewellery to make a new jewellery and get it marked with a new six-digit code under the new hallmarking system developed for Assaying and Hallmarking before selling the jewellery. The old Hallmark with six-digit code will be disabled on receipt of the information from the jeweller.


Yes, the hallmark will be valid for the entire life-time of the hallmarked jewellery.


At present, there is no provision to reflect the alterations to the jewellery in the online system. At the time of Market Surveillance, however, the details of such jewellery may be cross-checked to see that purity of the jewellery was not adversely affected after alteration.


Yes, White gold alloy of 14, 18 and 22 carats is covered under mandatory hallmarking.


If an alloy is made by mixing gold with one or more metals and if it is found conforming to the grades mentioned under the IS 1417, then the article will be covered under mandatory hallmarking.


IS 1417:2016 is being amended to include 20, 23 and 24 carats of gold jewellery/artefacts in its scope. After the issue of amendment to IS 1417: 2016, the date of implementation of hallmarking on the above mentioned grades of jewellery will be notified to all the concerned stakeholders.


Yes, AHC can return the jewellery not found to be in accordance with the details of purity or weight declared by the jeweller.


If the jewellery is not found to be in accordance with the purity as declared by the jeweller, the jewellery is rejected and sent back to the jeweller.


The information provided by the AHC in the delivery voucher are as follows

  • Details of AHC(Name and address)
  • Details of Jeweller(Name and address)
  • Details of accepted items for hallmarking(Weight and Quantity of individual items
  • Details of rejected items.
  • Weight of Article returned, weight of cornet and weight of scrapping.

On failure of the entire lot of jewellery, the details of the rejected items will be displayed in the delivery voucher.


The cornet left after assaying shall be returned to the jeweller along with hallmarked/rejected jewellery/artefacts


Yes, as per exemptions mentioned in the mandatory hallmarking order a jeweller with annual turnover of less than Rs. 40 lakh may sell hallmarked jewellery in the districts under mandatory hallmarking, provided he has a certificate of registration from BIS.


Yes, jewellers in the districts not under mandatory hallmarking can sell the hallmarked jewellery, provided they have a certificate of registration from BIS.


The QCO shall apply only to 256 Districts mentioned in the Mandatory Hallmarking Order.


As per BIS hallmarking regulations

  • i) The registered jeweller getting the article hallmarked shall be responsible for purity and fineness of such article.
  • ii) The registered jeweler, who makes the sale shall be liable to pay compensation for any shortage in purity or fineness as per rules.

Following marks on the hallmarked Jewellery are mandatory:

1. BIS Standard Mark ( BIS Logo)

2. Purity in carat and fineness

3. Six digit UID number

Beside these, the manufacturer or jeweller may put his/their mark on hallmarked Jewellery/artefacts.


The registered jeweller shall cooperate with the BIS representative to collect sample(s) of hallmarked gold/silver jewellery/artefacts as available for sale in the retail outlet. The sample(s) will be collected to verify its conformity to Indian Standard including the fineness marked.


Bureau may cancel Certificate of Registration if :

  • (a) any declaration made by the jeweller is found to be false or incorrect;
  • (b) registered jeweller has violated any of the terms and conditions of the certificate of registration;
  • (c) registered jeweller has sold or offered for sale of hallmarked precious metal article of purity or fineness less than that claimed or marked on the article;
  • (d) registered jeweller has failed to co-operate with the authorised representative of the Bureau to enable him to discharge his duties during the visit for surveillance or investigation of a complaint;
  • (e) registered jeweller is found indulging in any unfair practices amounting to misuse of hallmark.

As per Cl. 7 of Hallmarking Regulation 2018

  • (i) Before cancellation of certificate of registration, the Bureau shall give notice to the registered jeweller of its intention to cancel the certificate of registration citing reasons for the same.
  • (ii) On receipt of notice the jeweller may submit an explanation to the Bureau within 14 days from the date of receipt of notice
  • (iii) When an explanation is submitted, the Bureau may consider the explanation and give a personal hearing to the registered jeweller .
  • (iv) In the case of compounding of the offence, the certficate shall not be processed for cancellation.
  • (v) If no explanation is submitted, the Bureau may cancel the certificate of registration on the expiry of period of the notice

As per section 34 of BIS Act 2016:

  • (i) Any person aggrieved by an order made under section 13 or sub-section (4) of section 14 or section 17 of this Act may prefer an appeal to Director General of the Bureau within such period as prescribed.( Section 34(1) of BIS Act,2016).
  • (ii) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
    Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Director General that he had sufficient cause for not preferring the appeal within the prescribed period.
  • (iii) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.
  • (iv) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.
  • (v) The Director General may suo motu or on an application made in the manner prescribed review the order passed by any officer to whom the power has been delegated by him.
  • (vi) Any person aggrieved by an order made under sub-section (1) or sub-section (vii) may prefer an appeal to the Central Government having administrative control of the Bureau within such period as may be prescribed.

As per Section 29 of BIS Act 2016:

  • (i) 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:
    Provided that where the value of goods or articles produced or sold or offered to be sold cannot be determined, it shall be presumed that one year’s production was in such contravention and the annual turnover in the previous financial year shall be taken as the value of goods or articles for such contravention.
  • (ii) Further in case of retesting by customer if the purity is found to be less than the declared purity, as per Rule 49 of BIS Rules,2018 compensation shall be paid to customer which 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.

  • (i)In case of decision made by honorable court the remedies as applicable in legal process are available to the jeweler.
  • (ii)In case of fine by BIS as per as per section 34 of BIS Act 2016, there is provision of appeal as mentioned below :

(a) Any person aggrieved by an order made under section 13 or sub-section (4) of section 14 or section 17 of this Act may prefer an appeal to Director General of the Bureau within such period as prescribed.

(b) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Director General that he had sufficient cause for not preferring the appeal within the prescribed period.

(c) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.

(d) The procedure for disposing of an appeal shall be such as may be prescribed:
Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.

(e) The Director General may suo motu or on an application made in the manner prescribed review the order passed by any officer to whom the power has been delegated by him.

(f) Any person aggrieved by an order made under sub-section (1) or sub-section (5) may prefer an appeal to the Central Government having administrative control of the Bureau within such period as may be prescribed.


Yes


No. However, depending on work load or any other reason the AHC can inform the jeweler that the testing will be delayed .


Yes; it is necessary to re-hallmark a hallmarked imported jewellery.


An Off-Site Centre is an extended arm of parent AHC and has all the facilities as required for AHC except the facilities for fire assay.


The liability of an offsite centre shall be same as Assaying and Hallmarking Centre.


A maximum of 5 offsite centres are permitted for each parent A&H Centre having fire assay lab.


Yes


A subsidy scheme is being proposed for providing subsidy to the tune of up to 75% of the cost of setup to open AHC or Off-site centres in the deficient areas.


At least two surveillance inspections have to be carried out in 3 years. A renewal audit is undertaken before each renewal.


A) As per Section 33 of BIS Act 2016,(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence committed for the first time, punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or after the institution of any prosecution, be compounded by an officer so authorized by the Director General, in such manner as may be prescribed: Provided that the sum so specified shall not in any case exceed the maximum amount of the fine which may be imposed under section 29 for the offence so compounded; and any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be an offence committed for the first time.


A jeweler or AHC apply for compounding in case of the proposed cancellation of their registration/recognition and as per hallmarking regulations 7(6) and 13(6) in case of compounding their registration/recognition shall not be cancelled .

As per Section 33 of BIS Act 2016 (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,any offence committed for the first time, punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or after the institution of any prosecution, be compounded by an officer so authorized by the Director General, in such manner as may be prescribed:

Provided that the sum so specified shall not in any case exceed the maximum amount of the fine which may be imposed under section 29 for the offence so compounded; and any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be an offence committed for the first time.


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