Section 19 in Bureau of Indian Standards (Hallmarking) Regulations, 2018
19. Cancellation or non-renewal of licence.
(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 sub-regulation (1) the licensee shall be instructed to stop marking refined precious metal with the hallmark and stop sale of hallmarked refined precious metal.(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.
