Ans. 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 , from 15 Jan 2021.
The one year implementation period has been given so that Jewelers registration process can be completed, jewelers/retailers get time for clearing their old/existing stock and additional Assaying & Hallmarking (A&H) centres can be set up by private entrepreneurs at various locations where demand arise
Ans. Gold jewellery of 14 carat, 18 carat and 22 carat can only be hallmarked and sold. The decision to restrict the grades to three has been taken by the concerned technical committee, Precious Metals Sectional Committee, MTD 10, to safeguard the consumer interests. The Committee includes members from Jewellers associations, consumer organizations, and associations of A&H Centres amongst stakeholders. However the request for inclusion for other grades received if any, will be considered by the technical committee.
• At present, there are 892 BIS recognized A&H centres spread in about 234 District locations across the country) . All the major jewellery manufacturing hubs in the country already have adequate number of A&H centres. The Jewellers can send their jewellery for hallmarking to any of these A&H centres.
• BIS recognized A&H centresThese centres have hallmarked 4.49 crore articles during 2018-19.The average number of articles hallmarked per day per centre in the year is nearly 225 only. A typical centre can hallmark 500 pieces in a shift of about eight hours with one set of machines. Thus, the average utilization of the capacity of the A&H centres at present is nearly 50 %.
• It may also be noted that A& H centres are setup by private entrepreneurs and setting up of centres is a market driven activity where decision to open a centre is taken by the entrepreneur based on his commercial judgment about the market for that location. A&H Centres are being set up at locations wherever demand exists.
• It is also expected that with the announcement of mandatory Hallmarking the demand would increase and the market would drive new A&H centres to come up at new locations.
• Further under plan scheme of setting up of A&H centres, Central Assistance is provided for setting up the centre at deficient location( district where no centre exists)
Presently approx. 28,000 jewelers have taken BIS Registration. After issue of the order for Mandatory hallmarking, the number of jewelers applying for obtaining BIS registration will increase manifold and to deal with increasing number of applications extra workforce will be hired and trained for this purpose. An online system for jeweller registration is also being developed and will be employed for this purpose
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 Consumer Affairs Departments. 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. 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.
• The provision of the Act is in line with the fact that the licensed jeweller is the owner of product and gets the principal advantage out of any shortage. Further, only the registered jeweller declares the purity to the assaying and hallmarking centre at the time of submission of jewellery for hallmarking.
• 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.
Yes, after paying testing charges of Rs. 200 to any of BIS recognized A&H centre. The list of BIS recognized A&H centre is available at BIS website www.bis.gov.in under the hallmarking tab.
The mandatory hallmarking order is applicable for jewelers 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 order does not apply to an article which is in course of consignment from outside India to an assaying and hallmarking centre.
• 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.
• For complete exclusion list pl. see Sec. 2(3) of QCO for mandatory hallmarking available on BIS website.
No, The order is applicable for gold jewelery artefacts only. Gold bullion/coins of 999/995 fineness are permitted to be hallmarked by BIS approved Refinery/Mints (29 licensed refineries are in operation at present). The list of BIS licensed Refineries/Mints is available at BIS websitewww.bis.gov.in under the hallmarking tab
Any jeweller/retailer selling jewellery to the consumer shall have to register with BIS and shall sell hallmarked jewellery through certified sales outlet only after implementation of mandatory hallmarking i.e. after 15 January 2021.