CourtMesh

Section 19: Cancellation or non-renewal of licence

Hallmarking Regulations 2018Central Regulations · 2016

(1) The Bureau may cancel or not renew a licence for any of the following reason, namely:-

(a) any declaration made by the licensee is found to be false or incorrect;

(b) the licensee has violated any of the terms and conditions of the licence;

(c) the refined precious metal marked with hallmark does not comply with the standard;

(d) the licensee has failed to cooperate with the authorised representative of the Bureau during his visit for inspection or for investigating a complaint;

(e) the licensee is found to be using hallmark during period of suspension;

(f) the licensee is found marking hallmark on refined precious metal of variety not covered in the licence;

(g) the licence is under suspension for a period of one year;

(h) the licensee has not taken required corrective actions within stipulated time or in spite of taking corrective actions there is recurrence of similar discrepancies.

(2) Before cancelling or not renewing a licence, the Bureau shall give notice to the licensee of its intention to cancel or not renew the licence citing the reasons.

(3) In case the notice is issued for cancellation or non-renewal due to reasons provided in clauses (e) or (f) of subregulation (1) the licensee shall be instructed to stop marking refined precious metal with the hallmark and stop sale of hallmarked refined precious metal.

¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 41

(4) On the receipt of notice under sub-regulation (2), the licensee may submit an explanation to the Bureau within fourteen days from the date of receipt of the notice and the licensee may further request for considering his case for compounding as per provisions of section 33 of the Act.

(5) The Bureau shall consider the explanation submitted and give a personal hearing to the licensee or its authorised representative, if sought and the Bureau may consider the request for compounding, if made by the licensee as per the provisions of the Act.

(6) In the case of compounding of offence, the licence shall not be processed for cancellation.

(7) If no explanation is submitted, the Bureau may cancel the licence on the expiry of period of the notice.

(8) Where a licence is cancelled or not renewed, the licensee shall stop the marking and sale of refined precious metal with hallmark notwithstanding the pendency of any appeal under section 34 of the Act.

(9) In case of cancellation or non-renewal due to reasons provided in clauses (e) or (f) of sub-regulation (1) the Bureau shall not accept application for grant of licence before a cooling period of one year from the date of passing of such order.

(10) When a licence is kept under suspension or cancelled or not renewed or expired, the Bureau shall host the particulars of such licence on its website.

(11) The licensee shall return the original licence document to the Bureau in the event of its surrender, non-renewal or cancellation.

(12) In the event of cancellation, non-renewal or the licensee opting to surrender the licence, the licensee shall forthwith destroy all publicity material such as handbills, pamphlets, and letter- heads through which he claims to be a licensee of the Bureau.

Schedule I (refer sub-regulation (2) of regulation 3) (refer clause (b) of sub-regulation (1) of regulation 4) (refer sub-regulation (1) of regulation 6) Fee for Grant and Renewal of Certificate of Registration

1. Application fee of Rs 2000/- is payable with each application.

2. Registration fee shall be payable as specified in Table-1.

Table-1 Category Annual turnover (in rupees) Fee for five year (in rupees) 1 Above 100 crores 80,000 2 Above 25 crores & up to 100 crores 40,000 3 Above 5 crores & up to 25 crores 15,000 4 Less than 5 crores 7,500

3. If a jeweller has five or more outlets anywhere in India, he can opt for the certificate of registration at corporate level covering various retail outlets in one certificate and claim a discount of 10% in registration fee for each outlet.

4. In case of certificate of registration at corporate level, separate application fee shall be payable for each outlet.

5. An application fee of Rs. 2000/- is payable for every request made for inclusion or deletion of retail outlets.

6. Application fee only shall be payable by a jeweller holding a certificate for one precious metal and wanting to obtain certificate of registration for other precious metal.

7. In case, an outlet has certificate of registration for more than one precious metal, registration fee shall be payable for one metal only.

8. Applicable taxes as per prevalent rates shall be payable in addition to above.

9. If the registration fee is paid along with application fee in advance and application is rejected for any reason, the fee shall be refundable.

42 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Schedule II (refer sub-regulation (2) of regulation 8) (refer sub-regulation (1) of regulation 11) (refer clause (b) of sub-regulation (6) of regulation 12) Fee for Grant and Renewal of Recognition of Assaying and Hallmarking Centre Sl.No. Fee Amount in Rs.

1 Application Fee 10,000/- 2 Renewal Application Fee 5,000/- 3 Assessment Fee (per man day) 5,000/- 4 Recognition fee /Renewal of Recognition Fee (for three years) 60,000/- Note:

(1) Applicable taxes as per prevalent rates shall be payable in addition to above.

(2) Assessment Fee shall be levied for all assessments on man day basis except surveillance assessment and for complaint investigation.

(3) The travel and stay expenses of the auditors shall be borne by the Centre for all assessments except surveillance assessment and for complaint investigation.

Schedule-III (refer sub-regulation(7) of Regulation 10) (refer sub-regulation(6) of Regulation 16) Design of Hallmark Sl.

No.

Design of the Hallmark Precious Metal Articles Indian Standard

1.

XX K XXX Gold Jewellery and artefacts IS 1417 “Gold and gold Alloys, Jewellery/Artefacts- Fineness and marking”

2.

XXX Gold Bullion and Coins IS 1417 “Gold and gold Alloys, Jewellery/Artefacts- Fineness and marking”

3.

Silver XXX Silver Jewellery and artefacts IS 2112 “Silver and silver Alloys, Jewellery/Artefacts- Fineness and marking”

4.

Silver XXX Silver Bullion and Coins IS 2112 “Silver and silver Alloys, Jewellery/Artefacts- Fineness and marking” ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 43 Note:

1. XX in the above design indicate proportionate content of gold in carat.

2. XXX in above designs indicate proportionate content of gold or silver, as applicable, in parts per thousand.

3. Monogram of the hallmark and proportionate content shall be marked in a linear design.

4. Hallmark at Sl.No. 1 and 3 shall be marked by laser marking.

5. Hallmark at Sl.No.2 and 4 shall be marked by punching or embossing.

Schedule IV (refer sub-regulation (10) of regulation 10) Hallmarking Fee

1. (a) Hallmarking fee for gold articles payable to recognised Assaying and Hallmarking Centres by jewellers shall be:

(i) Rs. 35/- per article; and

(ii) Minimum fee for a consignment as Rs. 200/-.

(b) The hallmarking fee to be levied by the Bureau from Assaying & Hallmarking Centre for gold articles shall be:

(i) Rs. 3.50 per article; and

(ii) Minimum fee for a consignment as Rs. 20/-.

2. (a) Hallmarking Fee for silver articles payable to recognised Assaying and Hallmarking Centres by jewellers shall be :

(i) Rs. 25/- per article; and

(ii) Minimum fee for a consignment as Rs. 150/-.

(b) The hallmarking fee to be levied by the Bureau from Assaying & Hallmarking Centre for silver articles shall be:

(i) Rs. 2.50 per article; and

(ii) Minimum fee for a consignment Rs. 15/-.

Note: applicable taxes as per prevalent rates shall be levied in addition to above.

44 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Schedule V (refer sub-regulation(2) of regulation 14) (refer sub-regulation(1) of regulation 17) (refer clause (c) of sub-regulation(1) of regulation 15) (refer clause (b) of sub-regulation(6) of regulation 18) Fee for Grant and Renewal of Licence to Refinery or Mint S.No. Fee Amount in Rs.

1 Application Fee 1000/- 2 Licence fee 1000/- 3 Renewal Application Fee 1000/- 4 Inspection Fee (per man day) 7,000/- 5 Marking fee (For Refined Gold as per IS 1417) For Large scale units - 48,000/- per year (minimum) For MSME -38,400/- per year (minimum) Unit = 1 Kg Unit rate: Rs. 50 Per Kg Note:

(1) Applicable taxes as per prevalent rates shall be payable in addition to above.

(2) Inspection fee shall be charged for all inspections on man day basis except surveillance inspection and for complaint investigation.

(3) If application is received for a product other than gold for the first time, the marking fee shall be specified through notification of an amendment to this schedule.

(4) The marking fee may be revised by the Bureau from time to time through notification of an amendment to this schedule. The licensee shall pay the dues arising out of marking fee revision.

(5) The actual marking fee or minimum marking fee, whichever is higher shall be payable every year by the licensee.

Note 1: The actual marking fee for the first renewal shall be calculated by multiplying the unit rate with the quantity (units) marked during the first nine months.

Note 2: The actual marking fee for subsequent renewals shall be calculated on year-to-year basis from after the first nine months.

(6) In case of inclusion of new varieties, an amount of rupees five thousand shall be chargeable per request.

Form I (refer sub-regulation (2) of regulation 3) Bureau of Indian Standards Application for Grant of Certificate of Registration to Jewellers For Sale of Hallmarked Articles (Strike off whichever is not applicable)

1. Name of Jeweller (firm/company) :

2. (a) Address of Outlet :

with Pin Code, District and State Tel : Fax :

(With STD Code) (With STD Code) ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 45 E mail:

(b) Location along with Landmark :

3. Type of Ownership: Proprietorship /Partnership / Private Limited Company / PSU

4. Details of Management: (Name of all Partners/Directors to be mentioned) Name Designation (Proprietor/Partner/Director/CEO)

(i)

(ii)

(iii)

5. Details of Contact Person:

Name: Designation Mobile: e-mail:

6. Certificate applied for: Gold Jewellery/artefacts as per IS 1417 and/or Silver Jewellery/artefacts as per IS 2112

7. (a) Any other BIS Certificate held: Yes / No

(b) If yes, give details: Certificate No: IS No.:

Validity: Product:

8. Annual Turnover in Crores (attach proof) :

9. If Application is for Certificate at Corporate level: Yes/No In case of Yes, details of outlets to be covered to be given in format below (enclose separate sheet, as required) S.No Location of Outlet (State and City/Town) Address of outlet Contact Person at outlet (Name & Designation) Contact details at outlet (Phone No., Email Id etc.)

10. Details of Previous Cancellation/Convictions, if any, :

11. Details of Payment: Demand draft / Net Banking / Bank Challan (please refer to the fees applicable for jewellers) Amount (in Rs.)

Name of Bank Demand draft No. /UTR No. / Bank Challan No.

Date 12 I/We shall use the following identification mark or logo on jewellery/artefact for the purpose of Hallmarking. This identification mark shall be provided to the Assaying & Hallmarking Centre when jewellery/artefact is offered for Hallmarking. I/We, shall on our own, not apply the identification mark, in any manner, on the hallmarked jewellery/artefact.

13. I/We undertake that we shall strictly follow the provisions of Bureau of Indian Standards Act, 2016, Rules, 2017, and Hallmarking Regulations 2018 and guidelines for conformity assessment scheme issued thereunder upon grant of Certificate by Bureau of Indian Standards for sale of gold or silver hallmarked articles as per IS 1417/2112.

46 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Signature (Proprietor/Partner/Director) Name Date: Designation Place: Seal Form II (refer sub-regulation (2) of regulation 4) Bureau of Indian Standards Certificate of Registration for Selling Articles with Hallmark Certificate No. : HM/C-

1. By virtue of the powers conferred on it by the Bureau of Indian Standards Act, 2016 (11 of 2016), the Bureau hereby grants to/renews the certificate granted to (strike out as applicable) M/s Address of premises:

Certificate for using Hallmark set out in the first column of the Schedule here to, upon the article, set out in the second column of the said Schedule, and selling of hallmarked article from the sales outlet to which the Certificate is being granted to. The articles shall be hallmarked only by Assaying and Hallmarking centre recognised by the Bureau of Indian Standards (BIS) after verification of conformity to the Indian Standard as set out in the third column of the said Schedule.

Schedule Hallmark Article Indian Standards

(1) (2) (3)

2. This Certificate shall operate in accordance with the provisions laid down in Bureau of Indian Standards Act, 2016 Bureau of Indian Standards Rules 2017, Bureau of Indian Standards Hallmarking Regulations, 2018 and guidelines for conformity assessment scheme issued thereunder.

3. This Certificate shall be valid from ------- to -------and may be renewed in accordance with the said Regulations. Signed, Sealed and Dated this _______________day of _____________ two thousand _______________ for Bureau Of Indian Standards Name and Signature of Designated Authority Form III (refer sub-regulation (1) of regulation 6) Bureau of Indian Standards Application for Renewal of Certificate of Jeweller Head, _______ Branch Office Bureau of Indian Standards, Dear Sir/Madam, I/we, carrying on business at_................................................. (Full address of sales outlet) under the style of ………………………………… (Full name of individual or firm) apply for renewal of Certificate No. HM/C ______________________dated _______________ granted by the Bureau under the Bureau of Indian Standards Act, 2016, and the Rules and Regulations framed thereunder, as amended from time to time, for a further period of five years, the terms and conditions being the same as stipulated in my/our previous application and the aforesaid certificate, and/or such other conditions as the Bureau may stipulate.

¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 47

2. Date of grant of certificate: Valid upto:

3. Name of Product : IS No. :

4. Details of sales of hallmarked jewellery/artefacts under the certificate for the period covered: From Date of grant/renewal of certificate to 3 months before validity date i.e from_________________ to ______________________

(a) Jewellery/Artefact sent for Hallmarking: (a) Qty. in No. of pcs

(b) Qty. in weight

(b) Sale of Hallmarked Jewellery/Artefact: (a) Qty. in No. of pcs

(b) Qty. in weight

(c) Name(s) and Addresses of A and H Centre(s) to which jewellery was sent for hallmarking during the period:

5. I/We are enclosing herewith a UTR No. _________dated________ / Bank Draft No.___________dated ________________ for Rs___________ drawn on ________________________ ____ towards the following dues:

( i) Renewal application fee of Rs. ______

(ii) Certification fee for five years of Rs. -----

(iii) Applicable taxes @ ---%

(iv) Previous dues (as per our notice) if any

(v) Total amount Rs……………………..………………….

6. Renewal application dated this __________________ day of __________ Two thousand and _________ Signature Name Designation For and on behalf of Seal Form IV (refer sub-regulation (2) of regulation 8) Application for Recognition of Assaying and Hallmarking Centre in accordance with IS 15820

1. Name of Assaying and Hallmarking Centre and Complete Address

1.1 Name of the Centre Complete Address (clearly indicate prominent landmark and attach location plan) Telephone / FAX Email

1.2 Complete address of the Registered Office (if different from 1.1 above) Telephone / FAX / Email

1.3 Type of Ownership Proprietorship / Partnership / Limited Company / Government. / PSU

1.4 Provide Name of Prop., all partners and Directors with designation 48 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]

1.5 Premises of the Centre and its Legal Identity Document authenticating premises of the centre (enclose self-attested copy of document) Document establishing legal identity of the centre (enclose self-attested copy of document)

2. Scope of Recognition

2.1 Scope of Recognition Applied for (specify details as per guidelines) Gold / Silver / Gold and Silver Both

3. Name and Designation of Owner/Chief Executive of the Applicant

3.1 Telephone / FAX / Email

3.2 Name and Designation of the person responsible for the Quality System Management in the Centre

4. Employees/Personnel

4.1 Total number of employees in the centre

4.2 Department-wise details with name, designation, qualification, experience, training details, etc. (attach separate sheet as per the following format) Department Name Designation Qualification Experience Training Details Name of deputy, if any

5. Test Equipment/ Instruments and Test facilities

5.1 Clause wise list of test equipment/facilities including consumables, water & electricity supply with back up as per the following format (please attach separate sheet) Sl.

No.

IS No. & Clause Ref.

Method of Test (if and as applicable) Test Facility (Equipment Ref. Material etc.)

Model/Type/ , Serial no. l and make Range, Accuracy & Least Count (if and as applicable) Calibration (if and as applicable) Remarks, If any Range Least Count Validity Traceability

6. Centre Premises/Layout

6.1 Total space available and Space of Assay room (in Sq feet)

6.2 Layout plan of the centre indicating testing area, office etc. (attach Layout Plan) ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 49

7. Centre’s Quality Management System

7.1 Details of Quality Manual implemented in the Assaying & Hallmarking Centre (Document No, Issue No and date) (copy of Quality manual to be enclosed) 8 Proficiency Testing/Inter Laboratory Test Comparison

8.1 Please provide details of your centre’s participation in proficiency testing/ Inter Laboratory test programme (during last three years).

.

9. Insurance

9.1 Has professional Indemnity Insurance been taken?

If yes, please provide policy no., validity date and amount of insurance taken Yes / No

9.2 Has Insurance for artefacts under process/stock and high cost equipments been taken? If yes, please provide policy no., validity date and amount of insurance taken Yes / No 10 Preparedness for Assessment

10.1 By which date will the centre be ready for assessment?

11. Details of Previous Cancellation/Convictions, if any

12. Details of Payment (refer to the fee applicable for AHCs)

12.1 Amount

12.2 Name of the Bank

12.3 DD No./UTR No./Bank Challan No.

12.4 Date 13 Any other information which the centre may like to provide Declaration This is to declare that I have read and understood provisions of Bureau of Indian Standards Act, 2016, Bureau of Indian Standards Rules, 2017 and Bureau of Indian Standards (Hallmarking) Regulations 2018 and guidelines for conformity assessment scheme for Assaying & Hallmarking (A and H) Centre and undertake to abide by them.

Signature Name Designation (Proprietor/Partner/Director) Date:

Seal Place:

50 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Form- V (refer clause (f) sub-regulation (2) of regulation 8) Affidavit cum undertaking to be submitted by Assaying & Hallmarking Centre for BIS Recognition

1. I/We (Name of A and H Centre) ………………………………………………………….an Assaying & Hallmarking Centre (which expression shall include its heirs, and/or assigns) having its laboratory at address……………………………………………………………….

……………………………………………… and hereby undertake that we shall strictly follow the provisions of Bureau of Indian Standards Act 2016, Bureau of Indian Standards Rules 2017, Bureau of Indian Standards (Hallmarking) Regulations 2018 and guidelines for conformity assessment scheme for Assaying and Hallmarking Centres, as amended from time to time.

2. I/We, , Proprietor /Managing Partner, Chief Executive Officer representing M/s ,hereby declare that the A&H Centre has a legal identity and independent status. The A&H Centre has been established in accordance with the requirements of IS 15820 "General Requirements for Establishing and operation of Assaying and Hallmarking Centres" and shall continue to abide by requirements of this Indian Standard, as amended from time to time.

3. I/We agree and fully understand that under the Hallmarking Scheme of BIS, accurate determination of precious metal (gold or silver) content in jewellery or artefacts and marking of the BIS Hallmark on the jewellery or artefacts provided to it by only BIS certified jeweler, on chargeable basis is the responsibility of the assaying and hallmarking centre.

4. I/We agree to indemnify BIS for all claims/damages arising out of hallmarking of any gold or silver article due to shortage of purity that may be made against BIS by any person/consumer/association/ jeweller etc.

5. I/We shall use the BIS logo only with the words “BIS recognised A and H Centre” on documents such as letterhead, receipt, invoice, delivery challan, assay sheet, test - report of assay, certificate of hallmarking, if issued, and for publicity through print and/or electronic media.

6. I/We shall neither use its recognition in any manner so as to bring disrepute to BIS nor shall make any statement relevant to its recognition which may be considered misleading by BIS.

7. I/We shall not subcontract any of our activities including receiving, sampling, assaying and hallmarking to any other agency as specified in IS 15820.

8. The identification mark or logo as given below is owned by us. We have given this mark or logo for its application as a component of Hallmark on the jewellery or artefacts assayed and Hallmarked by us for only BIS certified jewelers. We shall not use any other Identification Mark or logo for Hallmarking. Prior permission of the Bureau shall be taken in case we wish to change the Mark registered with the Bureau. We shall be responsible for display of our mark or logo on such jewellery or artefacts.

9. I/We understand that the validity of recognition of an A and H Centre is for a period of three years subject to satisfactory performance based on assessment of its capability and competence by BIS. This affidavit shall remain in force until the recognition is cancelled by BIS. Any violation of the affidavit cum undertaking may lead to the cancellation of the Recognition.

10 . I/We also declare that there has been no conviction of promoter(s) or any of their close relatives for any criminal offence in the last one year.

11. I/We also declare that none of the promoter(s) or any of their close relatives has/have been involved in any serious irregularity in the running of any other Assaying & Hallmarking Centre during the last one year.

12. I/We also declare that the promoter(s) of the A and H centre do not have any linkage with jewellery trade or manufacturing.

13. I/We hereby declare that the following jewellers holding BIS certficate are owned by my/our close relatives*.

Sl.

No.

Name of the Proprietor/Partner(s) / Director(s) of the A and H Centre Name of the relative(s) owning jewellery firm and their relationship with name in col 2 Name and address of the jeweller BIS certficate No. of the jeweller

(1) (2) (3) (4) (5) ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 51

14. I/We declare that in case of any change in the list of jewellers as listed above, I/We shall immediately intimate BIS about such change.

15. I/We declare that my/our A and H Centre shall not accept any jewellery/artefact for hallmarking from any of the above mentioned jewellers.

16. I/We understand that in case the above declaration is found to be false by BIS at any stage, the recognition granted to my/our A and H Centre is liable to be cancelled.

Signature (Proprietor/Partner/Director) Name Designation Seal Date Place Note: *Relative’ with reference to any person, shall means anyone who is related to another, if—

(a) they are members of a Hindu Undivided Family;

(b) they are husband and wife; or

(c) if he or she is related to another in the following manner, namely:—

(i) Father including step-father. (ii) Mother including step-mother (iii) Son including the step-son (iv) Son’s wife

(v) Daughter (vi) Daughter’s husband (vii)Brother including the step-brother (viii) Sister including the step-sister.

Form VI (refer sub-regulation (2) of regulation 9) Bureau of Indian Standards Certificate of Recognition for Assaying and Hallmarking Centre Recognition No. : HM/R-

1. By virtue of the powers conferred on it by the Bureau of Indian Standards Act, 2016 (11 of 2016), the Bureau hereby grants recognition/ renews recognition granted (strike out as applicable) as per Indian Standard IS 15820 specifying ‘General Requirements for Establishment and Operation of Assaying and Hallmarking Centres’ to M/s Address:

For using Hallmark set out in the first column of the Schedule here to, upon the article, set out in the second column of the said Schedule for marking of precious metal articles received from jewellers certified by the Bureau of Indian Standards. The articles shall be hallmarked by the Assaying and Hallmarking centre after verification of conformity to the Indian Standard as set out in the third column of the said Schedule. The scope of the recognition shall be as set out in the fourth column of the said Schedule.

Schedule Hallmark Article Indian Standards Scope of Recognition

(1) (2) (3) (4)

2. This recognition shall operate in accordance with the provisions laid down in Bureau of Indian Standards Act, 2016 Bureau of Indian Standards Rules 2017, Bureau of Indian Standards (Hallmarking) Regulations 2018 & guidelines for Hallmarking Scheme issued thereunder.

3. This recognition shall be valid from ______ to ______and may be renewed in accordance with the said Regulations.

52 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Signed, Sealed and Dated this _______________day of _____________ two thousand _______________ for Bureau of Indian Standards Name and Signature of Designated Authority Form VII (refer sub-regulation (1) of regulation 11) Bureau of Indian Standards Application for Renewal of Recognition of Assaying and Hallmarking Centre in accordance with IS 15820 (Strike-off whichever is not applicable)

1. Name of Assaying and Hallmarking Centre and Complete Address

1.1 Name of the Centre Complete Address (clearly indicate prominent landmark and attach location plan) Telephone / FAX / Email

1.2 Complete address of the Registered Office (if different from 1.1 above) Telephone / FAX / Email

1.3 Type of Ownership Proprietorship / Partnership / Limited Company / Government / PSU

1.4 Premises of the Centre and its Legal Identity Document authenticating premises of the centre in case of any change (otherwise confirm – no change) (enclose self-attested copy of document) Document establishing legal identity of the centre in case of any change (otherwise confirm – no change) (enclose self-attested copy of document)

2. Recognition

2.1 Validity of the Recognition (applicable in case of renewal of recognition)

3. Scope of Recognition

3.1 Existing Scope of Recognition (specify details as per guidelines) Gold / Silver / Gold & Silver Both ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 53

3.2 Any change proposed in the scope of recognition. If yes, please indicate details.

Yes / No

4. Management Structure of the Centre

4.1 Name & Designation of Owner/Chief Executive of the Applicant Telephone / FAX / Email

4.2 Name & Designation of the person responsible for the Quality System Management in the Centre

5. Employees/Personnel

5.1 Total number of employees in the centre

5.2 Department-wise details with name, designation, qualification, experience, training details, etc. (attach separate sheet as per the following format) Department Name Designation Qualification Experience Training Details Name of deputy, if any

6. Test Equipment/ Instruments and Test facilities

6.1 Clause wise list of test equipment/facilities including consumables, water & electricity supply with back up as per the following format (please attach separate sheet) Sl.

No.

IS No. & Clause Ref.

Method of Test (if and as applicable) Test Facility (Equipment Ref. Material etc.)

Model/Type/ , Serial no.

l and make Range, Accuracy and Least Count (if and as applicable) Calibration (if and as applicable) Remarks, If any Range Least Count Validity Traceability

7. Centre Premises/Layout

7.1 Total space available & Space of Assay room (in Sq feet)

7.2 Layout plan of the centre indicating testing area, office etc.

(attach Layout Plan)

8. Centre’s Quality Management System 54 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]

8.1 Details of Quality Manual implemented in the Assaying & Hallmarking Centre (Document No, Issue No & date) (copy of Quality manual to be enclosed, if revised)

8.2 Is your centre accredited as per IS/ISO/ IEC 17025 If yes, date of validity of accreditation Yes / No

9. Details of Payment (refer to the fee applicable for AHCs)

9.1 Amount

9.2 Name of the Bank

9.3 DD No./UTR No./Bank Challan No.

9.4 Date 10 Any other information which the centre may like to provide Declaration – This is to declare that I have read and understood provisions of Bureau of Indian Standards Act, 2016, Bureau of Indian Standards Rules 2017 and Bureau of Indian Standards (Hallmarking) Regulations 2018 and guidelines for conformity assessment scheme for Assaying and Hallmarking (A and H) Centre and undertake to abide by them.

Signature Name Designation (Proprietor/Partner/Director) Date:

Seal Place:

Form-VIII (refer sub-regulation (2) of regulation 14) Bureau of Indian Standards Application for Grant of Licence to use the Hallmark

1. Full Name of Firm :

2. (a) Office Address :

with Pin Code, District and State Tel : Fax : E mail:

(With STD Code) (With STD Code)

(b) Factory Address :

with Pin Code, District and State Tel: Fax : E mail:

(With STD Code) (With STD Code)

3. Correspondence Address: Office/Factory ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 55

4. Details of Management:

Name Designation

(i)

(ii)

(iii)

5. Details of Quality Control Personnel and Assayer:

Name Designation

(i)

(ii)

(iii)

6. Details of Contact Person:

Name: Mobile: e-mail:

7. Details of Firm :Large /MSME:

8. Licence applied for: This application is being made to use the BIS Hallmark on:

Product IS/Part/Sec./Year Variety to be covered

9.

Units of Production Present Installed capacity Qty. value

10. (a) Any other BIS Licence held: Yes / No

(b) If yes, give details: Licence No: Product: IS No.:

11. Details of Previous Cancellation/Convictions, if any, :

12. Details of Payment: Demand draft / Net Banking / Bank Challan (Please refer to the fees applicable for jewellers) Amount (in Rs.)

Name of Bank Demand draft No. /UTR No. / Bank Challan No.

Date

13. I/We undertake that we shall strictly follow the provisions of Bureau of Indian Standards Act, 2016 Bureau of Indian Standards Rules 2017, Bureau of Indian Standards (Hallmarking) Regulations 2018 and guidelines for conformity assessment scheme issued thereunder upon grant of licence by BIS.

Signature (Proprietor/Partner/Director) Name Designation Seal of Firm Date:

Place:

56 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Form-IX (refer clause (h) of sub-regulation (3) of regulation 14) Declaration regarding Manufacturing Machinery No entry to be crossed

1. Application/Licence No:

2. Name/Address Sl.

No.

Machinery Make/ Identification No.

Production capacity per day, if applicable Number Remarks Note: Attach extra sheet, if required I hereby declare that the machinery details of which given above are available with us I also declare that I will send prior intimation to BIS whenever any machinery is not available due to any reason.

Signature of Firm’s Representative __________________ Name Designation Date I have verified the availability of the above mentioned machinery during my inspection.

Sig. of BIS I.O. ___________________________ Name Designation Date of verification Form X (refer clause (i) of sub-regulation (3) of regulation 14) Declaration regarding Test Equipment No entry to be crossed

1..Application/Licence No:

2. Name/Address Sl.

No.

Test Equipment/Chemicals and Identification Numbers (Where applicable) Least Count & Range (Where applicable) Valid Calibration (Where required) Yes/No Tests Used in with Clause Reference Remarks (Indicate number of Equipment) ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 57 Note: Attach extra sheet, if required I hereby declare that the testing equipments details of which given above are available with us I also declare that I will send prior intimation to BIS whenever any testing equipment is not available due to any reason.

Signature of Firm’s Representative __________________ Name Designation Date I have verified the availability of the above mentioned testing equipments during my inspection.

Sig. of BIS I.O. ___________________________ Name Designation Date of verification Form-XI (refer sub-regulation (3) of regulation 15) Bureau of Indian Standards Licence for the use of Hallmark Licence No. HM/L— By virtue of the power conferred on it by the Bureau of Indian Standards Act, 2016 (11 of 2016) the Bureau hereby grants licence to M/s (hereinafter called 'the Licensee) this Licence to use the Hallmark set out in the first column of the Schedule hereto, upon or in respect of the varieties set out in the third column of the said Schedule which is manufactured in accordance with/conforms to the related Indian Standard(s) referred to in the second column of the said Schedule as from time to time amended or revised. The marking fee shall be as specified in the fourth column of the said schedule.

Schedule Hallmark

(1) Indian Standard

(2) Scope of Licence (3) Marking Fee

(4) ` ____ per unit for the _____ units, with a minimum marking fee of ` ______ /- during an operative period of one year Unit - _______ Minimum marking fee for one operative year payable in advance which will be carried over to next renewal(s)

2. This Licence shall operate in accordance with the provisions laid down in Bureau of Indian Standards Act, 2016, Bureau of Indian Standards Rules, 2017, Bureau of Indian Standards Hallmarking Regulations, 2018 and guidelines for conformity assessment scheme issued thereunder.

3. This Certificate shall be valid from ------- to -------and may be renewed in accordance with the said Regulations.

Signed, Sealed and Dated this ..................... day of ................... month of year ............................

for Bureau of Indian Standards Name and Signature of Designated Authority 58 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Form XII (refer sub-regulation (5) of regulation 15) Bureau of Indian Standards Attachment to Licence No. HM/L- .............................

HM/L- Name of the Licensee with the Factory Address Name of the Product Indian Standard No.

Endorsement No. ...... Dated ....

The following addition/deletion of variety/varieties has (have) been approved by the Bureau with effect from ...............................

Consequent upon the above changes, the revised scope of licence in Column (3) of the table in the schedule of the licence is amended as follows:

Other conditions of the licence remain the same.

Signature of Designated Authority (Name of Designated Authority) Form - XIII (refer sub-regulation (1) of regulation 17) Application for Renewal of Licence Head ................... Branch Office Bureau of Indian Standards Dear Sir/Madam, I/we, carrying on business at .............................................................................................

......................................................................................................................... (Full factory and office address) apply for renewal of Licence No.HM/L .............................granted by the Bureau under Bureau of Indian Standards Act, 2016, and the Rules and Regulations framed thereunder, as amended from time to time, for a further period from .............................

to ................................, the conditions being the same as stipulated in the aforesaid licence and amended from time to time.

¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 59

2. Details of production of goods bearing BIS Hallmark effected under the licence are given in the report of performance (Annex II) placed overleaf duly authenticated by CEO/authorised signatory of our company.

3. I/We are enclosing herewith Receipt No.___________dated ________________ for �___________ towards the following dues:

(i) Renewal application fee `

(ii) Annual Licence fee ` per year rate

(iii) Marking fee calculated on unit-rate basis (item 3 of the Report overleaf) or Minimum Marking Fee, whichever is higher

(iv) Previous dues/Other fee (as per BIS notice) if any.

(v) Total amount ` Signature Date Name Designation Seal of Firm For and on behalf of Annexure to Form - XIII Report of Performance (Period to be covered by the Report being ...................................... to …….......................................)

Name of Product ................................... Indian Standard No. .............................

Licence No. – HM/L—

1. Total production of the article(s)

2. Production covered with BIS hallmark and its approximate value

2.1 Quantity ________

2.2 Value(`) ________

3. Calculation of marking fee:

3.1 Unit __________________________

3.2 Marking-Fee per unit __________________________

3.3 Marking fee obtained by multiplying unit rates as at 3.2 with quantity as at 2.1 _________________________

3.4 Minimum Marking Fee __________________________

4. Quantity not covered with BIS Hallmark, if any, and the reasons for such non-coverage

5. Names and addresses of all purchasers of BIS certified goods including Union/State Government Ministry/Department/Undertaking etc. (if applicable)

6. Month-wise Production statement for the period mentioned Note : Attach separate sheet, if required 60 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Form – XIV ( refer sub-regulation (3) of regulation 17) Bureau of Indian Standards Attachment to Licence No. HM/L- .............................

HM/L- Name of the Licensee with the Factory Address Name of the Product Indian Standard No.

Endorsement No. ...... Dated ....

Whereas, the licence was valid upto …………………….. , *And, whereas the renewal was deferred till …………… and licensee was not allowed to use or apply the Standard Mark from ………………. to …………………. (*Strike out, if not applicable), Now, consequent upon renewal, the validity of the licence given in the schedule of the original licence/endorsement No.

….. has been extended from …………………. to ………………… Other conditions of the licence remain the same.

Signature of Designated Authority (Name of Designated Authority) H. L. Upendar , Scientist G & DDG (CA & PP&C) [ADVT. III/4/Exty./103/18-19]] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

2018-06-18T22:12:00+0530 ALOK KUMAR

Where this provision sits

ActHallmarking Regulations 2018
Section19
Marginal noteCancellation or non-renewal of licence
JurisdictionCentral
StatusIn force as published by the source

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