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Union of India - Section

Section 18 in Bureau of Indian Standards (Hallmarking) Regulations, 2018

18. Suspension of licence.

(1)If, at any time, there is difficulty in maintaining the conformity of the refined precious metal to the Standard or the testing equipment goes out of order or due to natural calamities or a lock out declared by the management; or, closure of operations directed by a competent court or statutory authority, the marking of the refined precious metal shall be stopped by the licensee under intimation to the Bureau.
(2)The marking may be resumed as soon as the defects are removed and information of such resumption of the marking shall be sent to the Bureau immediately.
(3)If, at any time, there is sufficient evidence that the refined precious metal carrying the hallmark may not be conforming to the relevant Standard, the Bureau may suspend the licence and shall direct to stop marking refined precious metal with hallmark and stop sale of hallmarked refined precious metal and such evidence may not be limited to, but may include one or more of the following, namely:-
(i)non-conformity of the refined precious metal established after in-house or independent testing;
(ii)non-implementation of the provision(s) of the scheme of testing and inspection;
(iii)non-availability of testing personnel and absence of alternate arrangements;
(iv)significant modification(s) in the process without prior evaluation and approval of the Bureau;
(v)relocation of manufacturing unit;
(vi)prolonged closure of manufacturing unit for more than three months;
(vii)marking non-conforming refined precious metal;
(viii)marking on refined precious metal of variety not included in the licence;
(ix)non-compliance of any instruction issued by the Bureau.
(4)The licensee whose licence has been placed under suspension shall confirm to the Bureau about compliance of its order.
(5)The licensee shall inform the corrective actions taken to the Bureau and on receipt of corrective actions, a special inspection, if required, may be carried out to verify the corrective actions.
(6)The Bureau shall allow revocation of suspension after satisfying itself that the licensee-
(a)has taken necessary actions;
(b)deposited inspection fee as specified in Schedule-V;
(c)has provided sufficient evidence to establish competence for manufacturing and testing of refined precious metal as per relevant standard;
(d)has provided sufficient evidence to establish conformity of the refined precious metal to the relevant standard;