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Union of India - Section

Section 8 in Bureau of Indian Standards (Hallmarking) Regulations, 2018

8. Application for recognition.

(1)Any assaying centre set up in accordance with a relevant Indian Standard may apply for grant of recognition to operate as assaying and hallmarking centre.
(2)The application shall be made in the Form-IV annexed to these regulations to the Bureau along with the fee specified in Schedule-II accompanied by 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 the nearest landmark;
(e)quality manual; and
(f)affidavit cum undertaking in Form-V
(3)The application shall be signed by the applicant or by any other person authorised in this regard.
(4)The application shall be rejected if it is not accompanied by requisite fee.
(5)The application shall be acknowledged after its receipt and recorded after its scrutiny, if found in order.
(6)If the documents submitted under sub-regulation (2) are not in order, the Bureau may call for required documents or any supplementary information, as the case may be, if required for the purpose of clarification.
(7)On examination, the Bureau may reject an application, if, -
(a)the application is found to be incomplete or without relevant documents;
(b)at any time during processing of application it is found that the assaying and hallmarking centre is indulging in any malpractice amounting to misuse of hallmark for which it is liable to be prosecuted under the Act;
(c)the centre does not have the necessary infrastructure and competence as per the relevant Indian Standard for carrying out assaying and hallmarking of the precious metal articles;
(d)the application is submitted before expiry of cooling period in case of cancellation or non-renewal of recognition as specified in sub-regulation (9) of regulation 13 or conviction under provisions of the Act as specified in sub-regulation (11).
(8)Before rejecting any application under sub-regulation (7), the Bureau shall give a notice to the applicant citing the deficiencies therein.
(9)The applicant may furnish his reply with necessary documents and may request for hearing either in person or through a representative authorised by him within fourteen days from the date of receipt of the notice.
(10)The decision of the Bureau with the grounds of rejection shall be communicated in writing to the applicant.
(11)An applicant or a person convicted under the provisions of the Act shall not be eligible to apply for a cooling period of one year from the date of such conviction.
(12)The application fee shall not be refundable in case of rejection of the application under sub-regulation (7).