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Section 7: Cancellation or non-renewal of certificate of registration

Hallmarking Regulations 2018Central Regulations · 2016

(1) The Bureau may cancel or not renew a certificate of registration, if,-

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

(b) registered jeweller has violated any of the terms and conditions of the certificate of registration;

(c) registered 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 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 jeweller is found indulging in any unfair practices amounting to misuse of hallmark.

(2) Before cancellation or non-renewal of certificate of registration, the Bureau shall give notice to the registered jeweller of its intention to cancel or not renew the certificate of registration citing reasons for the same.

(3) In case the notice is issued for cancellation or non-renewal of certificate of registration due to reasons given at clause (e) of sub-regulation (1), the registered jeweller shall be instructed to stop the sale of hallmarked precious metal articles and stop getting precious metal articles hallmarked forthwith.

(4) On receipt of notice under sub-regulation (2), the registered jeweller may submit an explanation to the Bureau within fourteen days from the date of receipt of the notice.

34 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]

(5) When an explanation is submitted, the Bureau may consider the explanation and give a personal hearing to the registered jeweller or his authorised representative, as the case may be.

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

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

(8) Where a certificate of registration has been cancelled or not renewed, the jeweller shall stop the sale of hallmarked precious metal articles and stop getting precious metal articles hallmarked from any assaying and hallmarking centre notwithstanding the pendency of appeal under section 34 of the Act.

(9) In cases of cancellation or non-renewal due to reasons given in clause (e) of sub- regulation (1), the Bureau shall not accept an application for grant of certificate of registration before a cooling period of one year from the date of passing of such order.

(10) The Bureau shall host the particulars of certificate of registrations which have been cancelled or not renewed, on its website.

(11) The jeweller shall return the original certificate of registration document to the Bureau in the event of its surrender, cancellation or non-renewal and shall ensure defacing of the hallmark from the precious metal articles available in stock.

(12) In the event of cancellation, non-renewal or the jeweller opting to surrender the certificate of registration, the jeweller shall forthwith destroy all publicity material such as handbills, pamphlets and letterheads, through which the jeweller claims to be the registered jeweller for selling hallmarked precious metal articles.

(13) A registered jeweller, who has been convicted under the provisions of the Act, shall not be eligible to apply for certificate of registration for a cooling period of one year from the date of such conviction.

Chapter II Grant, Operation, Renewal, Suspension and Cancellation of Recognition of Assaying and Hallmarking Centre

Where this provision sits

ActHallmarking Regulations 2018
Section7
Marginal noteCancellation or non-renewal of certificate of registration
JurisdictionCentral
StatusIn force as published by the source

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