Any jeweller willing to obtain certificate of registration for selling Hallmarked Gold and Silver Jewellery/artefacts shall apply online on the National Single Window System (NSWS) portal: https://www.nsws.gov.in/. The NSWS portal can be accessed directly or through the BIS portal: https://www.manakonline.in. The certificate of registration is granted instantly without the need to pay any fees and the same stands valid for lifetime.
Also jewellers may directly visit to following link : https://www.bis.gov.in/wp-content/uploads/2020/10/Guide_Jeweller_Registration_v1.1.pdf for complete information on how to access the hallmarking portal for registration/certification of jewellers.
i. Any manufacturer, wholesaler, distributor or retailer engaged in selling hallmarked precious metal (gold/silver) articles has to mandatorily get registered with BIS.
ii. 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/certification. However, they must have supporting documents in claim to their status.
iii. Jewellers with annual turnover up to Rs 40 lakh do not fall within the purview of mandatory hallmarking. However, they may get registration/certification if they wish to sell hallmarked jewellery.
No fee is being charged from jewellers for grant of registration/certification.
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.
Point of sale is a point where all the following three conditions are fulfilled:
• a person transfers the ownership over an article to the purchaser;
• valid and compliant tax invoice is generated; and
• the person transferring ownership ensures physical delivery of the relevant article to the person purchasing such article.
Job work may not be considered as a sale when job work done by an artisan /karigar, is for the gold provided by the consumer, wherein the job worker makes jewellery from it. There is no transaction of sale between the consumer and the job worker. The job worker charges labour charges on such activities and the ownership of the material remains with the consumer.
Not required.
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 exemptions in the districts covered 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) any article meant for export and re-import as per trade policy of the 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;
As specified in QCO any manufactured article which is not intended for further manufacturing should be treated as substantially complete’
The QCO shall apply only to districts mentioned in the Mandatory Hallmarking Order as amended from time to time which are available on BIS website under hallmarking section.
In view of the difficulty to mark on some of the designs of the jewellery weighing upto 2 grams, exemptions on these articles have been provided from mandatory hallmarking. However, if desired by the jeweller, these may also be hallmarked by AHCs after testing as prescribed under IS 1418 before hallmarking.
As per exemption given in Hallmarking Order any manufactured article which is not substantially complete, and which is intended for further manufacture is exempted from mandatory hallmarking order. However, it may be noted that hallmarking is mandatory at first point of sale in the chain of Manufacturer, Wholesaler, Distributor and Retailer.
As per Mandatory Hallmarking Order dated 23 June 2021, any article which is being transported for domestic business-to-business exhibitions, approved by the Government is exempted from mandatory hallmarking. The detailed guideline is available on BIS website at the following link: https://www.bis.gov.in/wp-content/uploads/2022/01/QCO_HMD.pdf
Yes, provided that the jeweller is registered with BIS.
Yes, provided that the jeweller is registered with BIS.
Any jewellery to be sold in mandatory districts shall be hallmarked in accordance with the grades specified in IS 1417. It may also be noted that sufficient time (nearly 2 years) was provided to jewellers to clear their old un-hallmarked jewellery stock. However, it may also be noted that any jewellery can be hallmarked in next lower grade/fineness as per IS 1417.
Description of each article, net weight of precious metal, purity in carat and fineness, and hallmarking charges need to be mentioned in the bill or invoice of sale of hallmarked precious metal articles. It is also mentioned that “the consumer can get the purity of the hallmarked jewellery/artefacts verified from any of the BIS recognized A&H centre”.
The jewellery may be imported in India and can be sold by registered jeweller after it is tested and hallmarked by a BIS recognised hallmarking centre only.
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 only (46 licensed refineries are in operation at present as on 31st July 2023). The list of BIS licensed Refineries/Mints is available at BIS website www.bis.gov.in .
Provision for jewellers to send the jewellery to the AHC through the portal is available and it is advised that jewellers use it as the preferred option. However, under the new hallmarking system developed for Assaying and Hallmarking activities, a provision has also 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 on behalf of the jeweller.
Yes, in case jeweller wish to sale this old hallmarked jewellery, it is now necessary to get it re-hallmarked before sale as per the Mandatory Hallmarking Order amendments dated 03 March 2023 and 31 March 2023. Jewellery may be re-hallmarked with HUID along with existing marks or the existing marks may be erased as desired by jeweller to AHC.
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 hallmarked with a new six-digit HUID number under the new hallmarking system developed for Assaying and Hallmarking before selling the jewellery.
The jeweller can melt the old jewellery to make a new jewellery and get it marked with a new six-digit number HUID under the new hallmarking system developed for Assaying and Hallmarking before selling the jewellery. In case of melting of old jewellery with HUID, the provision to deactivate/disable the old HUID is presently under development.
At present, there is no provision to reflect the alterations to the jewellery in the online system.
Yes, White gold alloy 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.
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 jeweller, 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:
i. BIS Standard Mark (BIS Logo)
ii. Purity in carat and fineness
iii. Six digit HUID number
Beside these, the manufacturer or jeweller may put his/their mark on hallmarked Jewellery/artefacts.
The registered/certified 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.
Among Manufacturer, Wholesaler, 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.
. i) As per sub-section (2) 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.
ii) As per sub-section (3) of Section 29 of BIS Act, 2016, any person who contravenes the provisions of section 17 shall be punishable with imprisonment for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for the first contravention and not be less than five lakh rupees for the second and subsequent contraventions, but may extend up to ten 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 the regulation 7 of Hallmarking Regulation 2018, The Bureau may cancel Certificate of Registration if:
(a) any declaration made by the jeweller is found to be false or incorrect;
(b) registered/certified jeweller has violated any of the terms and conditions of the certificate of registration;
(c) registered/certified 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/certified 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/certified jeweller is found indulging in any unfair practices amounting to misuse of hallmark.
As per Regulation 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 certificate 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. As per sub-section (3) of Section 29 of BIS Act, 2016, any person who contravenes the provisions of section 17 shall be punishable with imprisonment for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for the first contravention and not be less than five lakh rupees for the second and subsequent contraventions, but may extend up to ten 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:
iii. 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 honourable court the remedies as applicable in legal process are available to the jeweller.
(ii). In case of fine (compounding) by BIS 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.
Yes; it is necessary to re-hallmark a hallmarked imported jewellery.
As per the sub-section (1) of Section 33 of BIS Act, 2016 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 jeweller 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 (1) of BIS Act, 2016 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.
The registered/certified jewellers can
a) Buy the hallmarked jewellery from a BIS registered/certified jeweller
b) Alternatively, he can get the jewellery hallmarked from anyone of nearby BIS recognized hallmarking centre.
If the transfer is within same PAN number (same company), then hallmarking is not required as no sale is happening but with proper documentation.
No, mentioning of HUID numbers on invoice is voluntary at present.
No.
Any customer/user can verify the HUID number in the BIS Care App using the ‘Verify HUID’ feature and get the information related to the supplier/manufacturer registration no. and further information about supplier/manufacturer including name can be searched on BIS website : www.manakonline.in
If any jewellery is hallmarked including Polki/Kundan, the bill or invoice of sale of hallmarked precious metal articles shall indicate separately, the description of each article, net weight of precious metal, purity in carat and fineness, and hallmarking charges.
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. However, if desired, retailer may get its mark/logo/brand marked after the jewellery is hallmarked.
If alteration done is of more than the allowed limit the jewellery needs to be re-hallmarked and the same can be done from any nearby BIS recognized AHC.
