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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.
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.
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
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
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 :
As per Cl. 7 of Hallmarking Regulation 2018
As per section 34 of BIS Act 2016:
As per Section 29 of BIS Act 2016:
(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.
No, re-hallmarking is not required for any jewellery that has been previously hallmarked.
The registered jewelers can
a) Buy the hallmarked jewellery from a BIS registered jeweller
b) Alternatively, he can get the jewellery hallmarked from a nearby hallmarking centre.
A) point of sale is a point where all the following three conditions are fulfilled:
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
Not required
If the transfer is within same PAN number (same company), then hallmarking is not required as no sale is happening but with proper documentation
If the transfer is within same PAN number (same company), then hallmarking is not required as no sale is happening but with proper documentation
Option are available with jeweller to send through portal or physically in which case AHC will made entry for it.
Mentioning of HUID numbers on invoice is voluntary at present.
Not mandatory at present
Customer can approach BIS for getting the details of jewelers name from HUID. Jeweller’s initials are also allowed in the hallmarked samples
Jewellers can approach BIS for getting the details of jewelers name from HUID. Jeweller’s initials are also allowed in the hallmarked samples
BIS follows a well-defined complaint redressal procedure involving investigation at both complainee and complainant end. Any action will be taken only after thorough enquiry. Thus any errors made in HUID system should be promptly informed to BIS
BIS follows a well-defined complaint redressal procedure involving investigation at both complainee and complainant end .Any action will be taken only after thorough enquiry.
BIS follows a well-defined complaint redressal procedure involving investigation at both complainee and complainant end .Any action will be taken only after thorough enquiry.
Hallmarking of bullion is being done on voluntary basis by licensed refineries. Thus the jewelers should always insist for hallmarked bullion. Since the sample has failed at AHC it will be returned to the jeweler and the jeweler can take it up with his supplier.
HUID has been restricted to only AHCs as requested by jewelers. B-B transactions have been disabled in the portal.
In case of Polki / Kundan if the jewellery is not hallmarked the invoice should mention the description of jewellery and that the jewellery is not hallmarked.
Already integration of XRF, laser machine has been provided using excel sheet/api.
As these will be manufactured separately so either they are detachable or are joint together, in either each part should be hallmarked separately.
All the process are as specified in BIS, ACT, RULES, Hallmarking Regulations and Guidelines
The amount of compensation is already specified in BIS Rules, 2018. Rule 49 states “that in case of precious metal article not conforming to the relevant standards, such compensation 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”.
As per provisions of Section 18 (7) of BIS Act, 2016, Where a certified body or licence holder or his representative has sold goods, articles, processes, system or services, which bear a Standard Mark or any colourable imitation thereof, which do not conform to the relevant standard, the Bureau shall direct the certified body or licence holder or his representative to—
As per Rule 49 (1) Where a certified body or license holder or his representative has sold goods, articles, processes, system or services, which bear a Standard Mark or any colourable imitation thereof, which do not conform to the relevant standard, and where the Bureau decides that the certified body or license holder or his representative shall pay compensation under clause (b), of sub-section (7) of section 18 of the Act, then the compensation payable in such case shall be two times the selling price of the non- conforming goods, article, process, system or service, and the testing charges: Provided that in case of precious metal article not conforming to the relevant standards, such compensation 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. As per current BIS Act 2016, Since the jewellery is sold by jeweler, the compensation has to be paid by jeweler.
The customer can directly approach jeweler for compensation in case the hallmarked jewellery retested by him in any BIS recognized AHC is found of less than the declared purity.
Further if complaint is made to BIS, BIS follows a well-defined complaint redressal procedure involving investigation at both complainant end and complainee end. Any action will be taken only after thorough enquiry.
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 hallmark on the jewellery and HUID remains valid even if it is returned by the customer after it was sold.
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.
A) As per Hallmarking of Gold Jewellery and Gold Artefacts (Second Amendment) Order, 2021, dated 23rd June, 2021 , hallmarking has been made mandatory only in 256 districts and to 14, 18 and 22 caratages of gold jewellery and gold artefacts.” Therefore, Hallmarking of gold jewellery/artefacts of grades 20, 23 and 24 carat included in the Amendment No. 1 to IS 1417:2016 has still not been made mandatory. It is to further mention that provision for the voluntary hallmarking of the grades of 20 and 23 carats have been made operational in the jeweller software and the same for 24 carat is under process.
In BIS portal weight of article is to be mentioned. The heading net weight is being replaced with weight to article. In case of hollow articles filled with wax or other material, the net weight declared by the jeweler has to be mentioned in the portal.
As specified in QCO any manufactured article which is not intended for further manufacture should be treated as substantially complete’.
If alteration done is of more than the allowed limit the jewellery needs to be re-hallmarked. The same can be done from any nearby AHC.
