Talk to a lawyer @499

Know The Law

A Complete Guide For Hallmark Registration

Feature Image for the blog - A Complete Guide For Hallmark Registration

The hallmarking of gold and silver jewelry is one of the most essential processes in India because it guarantees their purity and finesse. It gives buyers confidence about the quality they acquire, protecting them from deception and fraudulent activities. In India, the Bureau of Indian Standards (BIS) supervises hallmarking. This guide analyzes the laws, processes, and requirements pertaining to the registration of a hallmark in detail.

Understanding Hallmarking In India

Hallmarking is the legal process of stamping precious metal objects. It is concerned with the purity assessment and certification of gold and silver jewelry by BIS-approved assaying and hallmarking centers (AHCs). The hallmarking process is governed under the Bureau of Indian Standards Act, 2016, along with the BIS (Hallmarking) Regulations, 2018.

Why Is Hallmark Registration Important?

  • Hallmarking is the proper process, and it accommodates consumers towards acquiring genuine gold and silver jewelry concerning their safety.

  • It certifies the purity of precious metals to bring about trust in the market. This is pressuring all jewelers to adhere to BIS requirements by hallmarking gold jewelry and artifacts to be compliant.

  • At the same time, such a measure strengthens market credibility by indicating that buyers are assured of the authenticity of every piece purchased from the market.

  • Hallmarking improves both transparency and confidence in the jewelry industry.

Following is the legal framework for Hallmark Registration in India:

  • Bureau of Indian Standards Act, 2016: This act empowers the BIS to formulate standards, grant licenses, and enforce compliance related to hallmarking.  

  • BIS (Hallmarking) Regulations, 2018: These regulations outline the procedures for hallmarking, registration, and operation of AHCs.  

  • BIS (Conformity Assessment) Regulations, 2018: These regulations specify the general requirements for conformity assessment schemes.

  • Hallmarking of Gold Jewellery and Artefacts Order, 2022: This order made hallmarking of gold jewellery mandatory.

Eligibility Criteria For Hallmark Registration

To obtain a BIS hallmark registration, jewelers must meet the following criteria:

  • Possess a valid business license or registration.  

  • Have a registered office or place of business in India.

  • Comply with the quality management system requirements specified by BIS.

  • Agree to adhere to the BIS hallmarking regulations.

  • Have necessary equipment and infrastructure to facilitate quality control.

Documents Required For Hallmark Registration

  • Application form (available on the BIS website).

  • Proof of business registration (e.g., GST registration, shop establishment certificate).  

  • Proof of identity and address of the applicant or authorized signatory (e.g., Aadhaar card, PAN card).  

  • Map showing location of business premises.

  • Details of the quality control system in place.

  • List of gold or silver articles to be hallmarked.

  • Any other documents as specified by BIS.

Step-By-Step Hallmark Registration Process

The process for registration is as follows

Application Submission

Visit the BIS website or a BIS branch office to obtain the application form. Fill out the application form with accurate details. Attach all the required documents. Submit the application to the nearest BIS branch office.

Inspection and Verification

BIS officials will conduct an inspection of the jeweler's premises to verify the quality control system and infrastructure.  The officials will also verify the submitted documents.  

Testing and Assaying

Samples of the jewelry will be sent to a BIS-approved AHC for testing and assaying. The AHC will determine the purity and fineness of the gold or silver.  

Grant Of Registration

If the inspection and testing are successful, BIS will grant the hallmark registration. The jeweler will be assigned a registration number.

Hallmarking Process

The registered jeweler can then send their jewelry to BIS-approved AHCs for hallmarking. The AHC will mark the jewelry with the BIS hallmark, indicating its purity.  

Surveillance and Monitoring

BIS conducts periodic surveillance and monitoring to ensure compliance with hallmarking regulations. This includes surprise inspections and sample testing.  

Role Of Assaying And Hallmarking Centers (AHCs)

AHCs play a crucial role in the hallmarking process. Their responsibilities include:

  • Testing and assaying gold and silver articles.

  • Marking the articles with the BIS hallmark.  

  • Maintaining accurate records of hallmarked articles.

  • Complying with BIS regulations and standards.

Key Components Of A Hallmark

A BIS hallmark typically consists of the following components:

  • BIS Mark: The official mark of the Bureau of Indian Standards.

  • Purity Grade: Indicating the fineness of gold or silver (e.g., 916 for 22 karat gold).  

  • Assaying and Hallmarking Centre's Mark: The identification mark of the AHC.  

  • Jeweler's Identification Mark: The identification mark of the registered jeweler.  

  • Hallmarking Date code.

Challenges And Considerations

  • Awareness and Compliance: Ensuring widespread awareness and compliance among jewelers, especially in rural areas.  

  • Infrastructure: Expanding the network of AHCs to meet the growing demand.  

  • Counterfeiting: Combating the issue of counterfeit hallmarking.

  • Technological Advancements: Keeping pace with technological advancements in assaying and hallmarking.

Conclusion

Hallmark registration is an essential necessity for maintaining integrity and credibility level in the Indian jewelry marketplace. Adhering to the BIS rules and processes gives jewelers an added trust value in the minds of consumers and lets them contribute to a transparent as well as a reliable marketplace. Consumers can also get empowered to make conscious choices with hallmarking.

FAQs

A few FAQs are:

Q1: What is hallmarking and why is it important in India?

Hallmarking signifies the certification of purity and fineness of precious metal articles, including jewelry in gold and silver. The hallmarking gains significance in India because it safeguards consumers from fraudulent practices, guarantees quality assurance, and makes it mandatory for jewelers under the BIS regulations, thus enhancing the credibility of the market.

Q2: Which laws and regulations govern hallmarking in India?

Hallmarking is primarily governed by the Bureau of Indian Standards Act, 2016, the BIS (Hallmarking) Regulations, 2018, the BIS (Conformity Assessment) Regulations, 2018, and the Hallmarking of Gold Jewellery and Artefacts Order, 2022.

Q3: What are the key eligibility criteria for jewelers to obtain BIS hallmark registration?

Such jewelers have a valid business license and a registered office in India. They have to comply with BIS quality management system requirements, agree to BIS hallmarking regulations, and own quality control facilities.

Q4: What are the main steps involved in the hallmark registration process?

The process includes submitting an application with required documents to BIS, undergoing inspection and verification of premises, testing and assaying of jewelry samples at a BIS-approved AHC, grant of registration if successful, hallmarking of jewelry at AHCs, and ongoing surveillance by BIS.

Q5: What are the key components of a BIS hallmark on jewelry?

A BIS hallmark typically includes the BIS mark, purity grade (e.g., 916 for 22 karat gold), the Assaying and Hallmarking Centre's mark, the jeweler's identification mark, and the hallmarking date code.