Section 13 in Bureau of Indian Standards (Hallmarking) Regulations, 2018
13. Cancellation or non-renewal of recognition.
(1)The Bureau may cancel or not renew the recognition of an assaying and hallmarking centre for any of the following reason, namely:-(a)any declaration made by the assaying and hallmarking centre is found to be false or incorrect;(b)assaying and hallmarking centre has violated any of the terms and conditions of the recognition;(c)articles marked with hallmark do not comply with the relevant Indian Standard;(d)assaying and hallmarking centre has failed to co-operate with the authorised representative of the Bureau during his visit for assessment or for investigating a complaint;(e)assaying and hallmarking centre is found indulging in any unfair practice such as hallmarking precious metal articles for non-certified jewellers, marking of articles with incomplete hallmark or hallmarking articles without carrying out testing or hallmarked precious metal article is found to have shortage of purity of more than forty parts per thousand;(f)assaying and hallmarking centre is found to be marking precious metal articles with hallmark during period of suspension;(g)assaying and hallmarking centre is under suspension for a period of one year;(h)assaying and hallmarking centre 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 non-renewal of the recognition, the Bureau shall give notice to the assaying and hallmarking centre of its intention to cancel or not to renew the recognition citing the reasons.(3)In case the notice is issued for cancellation due to reasons provided in clauses (d),(e) or (f) of sub-regulation (1) the centre shall be instructed to stop hallmarking of precious metal articles.(4)On receipt of notice under sub-regulation (2), the assaying and hallmarking centre may submit an explanation to the Bureau within fourteen days from the date of receipt of the notice.(5)The Bureau shall consider the explanation and give a personal hearing to the assaying and hallmarking centre or its authorised representative, if sought and the Bureau may consider the request for compounding, if made by the assaying and hallmarking centre as per the provisions of the Act.(6)In the case of compounding of the offence, the recognition shall not be processed for cancellation.(7)If no explanation is submitted, the Bureau may cancel the recognition on the expiry of period of the notice.(8)Where a recognition has been cancelled or not renewed, the assaying and hallmarking centre shall stop marking of precious metal articles with hallmark forthwith.(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 recognition before a cooling period of one year from the date of passing of such order.(10)When recognition has been suspended, cancelled, not renewed or expired, the Bureau shall host the particulars of the recognition so suspended, cancelled, not renewed or expired on its website.(11)The assaying and hallmarking centre shall return the original recognition document to the Bureau in the event of its surrender, non-renewal or cancellation.(12)In the event of cancellation, non-renewal or assaying and hallmarking centre opting to surrender the recognition, the centre shall forthwith destroy all publicity material such as handbills, pamphlets and letterheads, through which the assaying and hallmarking centre claims recognition from the Bureau.Chapter- III Grant, Operation, Renewal and Cancellation of Licence for Refinery or Mint
