हॉलमार्किंग र्िभागfor silver). a certified jeweller has to get the...
TRANSCRIPT
भारतीय मानक बू्यरो
(हॉलमार्किं ग र्िभाग)
हमारा सन्दभभ: एचएमडी- 14/44 22 अपै्रल 2020
विषय: देश में असाधारण स्थिर्ि को देखिे हुए बीआईएस (हॉलमार्किं ग) र्िर्ियम, 2018 के प्रािधािोों में
छूट के अथिायी उपाय।
1. उपर्युक्त विषर् पर सक्षम प्राविकारी द्वारा अनयमोवित पररपत्र सभी संबंवित पक्षो ं के कार्ाुन्वर्न के विए
सिंग्न है।
(विक्ांत)
िैज्ञार्िक - डी'/एचएमडी प्रमयख, एचएमडी
िैज्ञ-'जी' एिं उपमहावनदेशक (हॉलमार्किं ग)
Bureau of Indian Standards
(Hallmarking Department )
Our Ref: HMD-14/44 22 April 2020
Subject: Temporary measures for relaxation of provisions of BIS (Hallmarking)
Regulations, 2018 in view of extraordinary situation in the country- reg.
1. The circular on the above subject as approved by the Competent Authority is attached
herewith for implementation by all concerned.
(Vikrant)
Scientist-D/HMD
Head, HMD
Sc.G & DDG (Hallmarking)
पररचावित/circulated to:
सभी के्षत्रीय कायाभलयो/ं शाखा कायाभलयो,ं
All ROs/BOs,
सभी उपमहावनदेशक (के्षत्रीय) All DDGRs
सभी एच.एम.ओ. All HMOs
अन्य सभी संबंवित पक्ष All other concerned
प्रमुख, आई०टी०एस० विभाग - बी आई एस इंट्र ानेट् पर डािने हेतय।
Head, ITSD - with request to host on BIS Intranet
Hallmarking Department
Our ref:- HMD/14:44 22 04 2020
Subject:- Temporary measures for relaxation of provisions of BIS
(Hallmarking) Regulations, 2018 in view of extraordinary situation
in the country
1. Bureau of Indian Standards is operating Hallmarking Scheme in accordance with BIS
(Hallmarking) Regulations, 2018. Under the scheme, certificate of registration to sell precious
metal articles of gold and silver jewellery/artefacts is granted to a jeweller for ensuring of
marked purity of gold (or silver) jewellery in accordance with Indian Standard, IS 1417 (IS 2112
for Silver). A certified jeweller has to get the jewellery hallmarked through any of the BIS
recognized Assaying and Hallmarking (A&H) centres. A&H centre is set up and recognized by
BIS in accordance with Indian Standard IS 15820. Gold bullion/coins of 999/995 fineness are
permitted to be hallmarked as per Indian Standard, IS 1417 by BIS Licensed Refinery/Mints.
2. As per present norms, jewellers, A&H Centre and refinery/mint are submitting applications
for renewal of certificate/licence through application form in hard copy as prescribed in
Hallmarking Regulations, 2018. jewellers, A&H Centre and refinery/mint are required to
submit renewal application along with requisite fee and relevant details/documents as per
provisions of the above Regulations. Provisions of renewal of certificate/licence have been
prescribed in BIS (Hallmarking) Regulations, 2018, relevant extract of which are reproduced
below:
Regulation 6 of Chapter I: Renewal of certificate of registration of jeweller. - (1) The
registered jeweller shall submit renewal application in Form-III annexed to these regulations
to the Bureau along with fee as specified in Schedule-I before thirty days of the expiry of the
validity of certificate of registration.
(2) In case renewal application is received before the expiry of validity,- (a) the certificate of
registration may be renewed for a period of five years; or (b) the decision on renewal of the
certificate of registration may be kept under deferment up to three months, if certificate of
registration is being considered for cancellation or non-renewal and the decision of deferment
shall be informed to the registered jeweller with instructions to stop the sale of hallmarked
precious metal articles and stop getting precious metal articles hallmarked.
Regulation 11 of Chapter II: Renewal of recognition of A &H Centre - (1) The assaying and
hallmarking centre shall submit application for renewal of recognition in Form-VII annexed to
these regulations, along with fee as specified in Schedule-II, and self-certified copy of the
following documents, namely:- (a) proof of the establishment of the firm or company; (b)
proof of the address of the premises; (c) proof of identity of the signatory; (d) map indicating
location of the premises from some nearest prominent landmark; (e) quality manual; and (f)
affidavit cum undertaking in Form-V annexed to these regulations.
(2) The application for renewal shall be submitted ninety days before the date of expiry of
the validity of recognition
(3) The Bureau, on receipt of an application for renewal under sub-regulation (1), may renew
the recognition for a period of three years after satisfying that the centre continues to have
the necessary infrastructure and competence as per the relevant Standard for carrying out
assaying and hallmarking of the precious metal articles and also considering the past records
of the applicant.
(4) In case the assaying and hallmarking centre does not apply for renewal before the expiry
of validity along with requisite fee, it shall cease to have right to use hallmark after the validity
of recognition is over and in such case, the renewal of recognition may be deferred for a period
of ninety days from the date of validity by the Bureau.
(5) If, during the period of deferment of recognition, an application is made along with late
fee of rupees five thousand, the requisite fee, specified in Schedule-II and required
documents, the recognition may be renewed by the Bureau:
Provided that the assaying and hallmarking centre shall not have the right to use hallmark till
recognition is renewed by the Bureau.
(6) In case renewal application along with requisite fee and documents is not received within
such period of deferment, the recognition shall stand expired.
(7) The decision on renewal of the recognition may be kept under deferment up to six months
from the date of its validity, if recognition is under suspension, or being considered for
suspension, cancellation or non-renewal.
(8) The decision of deferment shall be informed to the centre in writing with instructions to
stop hallmarking of precious metal articles.
Regulation 12 of chapter II: Suspension of recognition of A & H Centre . -(3) If, at any time,
the Bureau has sufficient evidence that the assaying and hallmarking may not be conforming
to the Indian Standard, the assaying and hallmarking centre shall be directed to suspend its
operation and such evidence may not be limited to, but may include one or more of the
following, namely:-
(viii) non-payment of marking fee to the Bureau within stipulated period.
Regulation 17 of Chapter III: Renewal of licence of refinery/Mint. - (1) The licensee shall
submit application for renewal of licence in Form-XIII annexed to these regulations
accompanied by fee as specified in Schedule-V.
(2) The application for renewal shall be made before sixty days from the date of expiry of the
licence.
(3) The Bureau may, on receipt of application from a licensee, renew the licence for a
maximum period of two years in Form-XIV annexed to these regulations.
(4) The licence shall be renewed only after satisfaction of the Bureau that the licensee
continues to have the necessary infrastructure and competence for manufacturing and testing
of the refined precious metal as per the relevant standard and the scheme of testing and
inspection and also considering the past records.
(5) In the case the licensee does not apply for renewal before the expiry of validity of licence
or deposit requisite fee or provide required details, it shall cease to have right to use hallmark
after the validity of licence is over and in such case, the renewal of licence may be deferred
for a period of ninety days from the date of validity by the Bureau.
(6) If, during the period of deferment of licence, an application is made along with late fee of
rupees five thousand, requisite fee specified in Schedule-V and required documents, the
licence may be renewed by the Bureau:
Provided that the licensee shall not have the right to use hallmark till licence is renewed by
the Bureau.
(7) In case renewal application along with requisite fee and documents is not received within
the period of deferment, the licence shall stand expired.
(8) The decision on renewal of the licence may be kept under deferment up to six months, if
licence is under suspension, or being considered for suspension, cancellation or non-renewal.
(9) The decision of deferment shall be informed to the licensee in writing with instructions to
stop marking and sale of the refined precious metal with hallmark.
(10) The licensee shall confirm to the Bureau about compliance of its order.
3. Due to lockdown declared by the Government of India to check spread of COVID-19 in the
country, the jewellers, A&H centre and refinery/mint are likely to face difficulty in preparation
of the essential details/documents to be submitted along with the renewal application and
subsequently, timely submission of renewal application along with the requisite documents
and fees. This concern has also been expressed by some of the Regional and Branch Offices
(ROs/BOs). The difficulties and issues arising due to lockdown are likely to extend and impact
the gold and silver jewellery industry beyond the lockdown period also.
4. In view of the extraordinary situation in the country due to lockdown, following temporary
relaxation measures are issued for provisions of BIS (Hallmarking) Regulations 2018 including
its amendments thereof:
i) For all the jewellers for which renewal of certificate of registration is due during the
period of lockdown and upto 30 days after:
a) Provision of expiry of certificate as per sub-regulation (1) of Regulation 6,
Chapter I of BIS (Hallmarking) Regulations 2018, is kept in abeyance till 30
days after the lifting of lockdown.
b) Provision of deferment of certificate of registration up to three 3 months as per sub-regulation (2) b) of Regulation 6, Chapter I of BIS (Hallmarking) Regulations 2018, is kept in abeyance till 30 days after the lifting of lockdown.
ii) For all the A&H Centre for which renewal of recognition is due during the period of
lockdown and upto 30 days after:
a. Provision of deferment of recognition as per sub-regulation (3) of
Regulation 11 , Chapter II of BIS (Hallmarking) Regulations 2018, is
kept in abeyance till 30 days after the lifting of lockdown.
b. Provision of submission of late fee with renewal application within 90
days i.e provisions of sub-regulation (5) of Regulation 11, Chapter II
of BIS (Hallmarking) Regulations 2018, is kept in abeyance till 30 days
after the lifting of lockdown.
c. Provision of deferment of recognition beyond 90 days by keeping sub-
regulation (6) of Regulation 11, Chapter II of BIS (Hallmarking)
Regulations 2018 is kept in abeyance till 30 days after the lifting of
lockdown.
d. Provision of suspension due to non-payment of marking fee to the
Bureau within stipulated period., as per sub regulation (3, viii) of
Regulation 12, Chapter II of BIS (Hallmarking) Regulations 2018, is
kept in abeyance till 30 days after the lifting of lockdown.
iii. For all the licensees of refinery/mint for which renewal of recognition is due during the
period of lockdown and upto 30 days after:
a) Provision of deferment of recognition as per sub-regulation (5) of Regulation
17, Chapter III of BIS (Hallmarking) Regulations 2018 is kept in abeyance till
30 days after the lifting of lockdown.
b) Provision of submission of late fee with renewal application within 90 days i.e
provisions of sub-regulation 6 of Regulation 17, Chapter III of BIS
(Hallmarking) Regulations 2018 is kept in abeyance till 30 days after the lifting
of lockdown.
c) Provision of deferment of recognition beyond 90 days by keeping sub-
regulation (7) of Regulation 17, Chapter III of BIS (Hallmarking) Regulations
2018 is kept in abeyance till 30 days after the lifting of lockdown.
5. This issues with the approval of the competent authority.
Manju Gupta
Scientist-F & Head (HMD)
Sc.G & DDG (Hallmarking)