HC maintains the BIS clause on the sale of impure gold
The Madras High Court today suspended the application of a new clause in the Bureau of Indian Standards Act, according to which jewelers are responsible for the purity of hallmarked gold jewelry and that they are required to pay compensation for unclean gold.
Judge B Rajendran granted stay of a motion for brief filed by the Jewelry Manufacturers Association of Coimbatore, which challenged BIS’s new policy, holding jewelry traders and outlets responsible for the purity of the ornaments in hallmarked gold.
AL Somayaji, senior attorney appearing for the association, said traders cannot be held responsible for the purity and quality of the jewelry they sell and the responsibility of manufacturers and punching centers to ensure the purity.
On May 1, 2014, the BIS released the Jewelers Licensing Policy and declared that jewelers were “fully responsible” for the declared fineness of the hallmarked jewelry / artifacts they sold.
In addition to asking them to address complaints about the poor quality of the gold, the BIS said guilty jewelers must pay compensation to the buyer.
Attacking this clause and blaming manufacturers and hallmarks for unclean gold jewelry masquerading as pure 916 grade gold, Association President B Muthuvenkatram said, âEven jewelry with a 78% or 85% purity content is simply hallmarked Sometimes even 1g gold jewelry is also hallmarked 916. There is no guarantee that all jewelry sent for hallmarking contains the same purity. “
Instead of curbing manufacturers who violate BIS rules, the central agency issues a warning notice to cancel the BIS license granted to jewelers in the event that impure gold jewelry is found in outlets, according to the petition.
“Punching centers do unhealthy practices by not following BIS rules and regulations, and hallmark jewelry for Rs 8 to Rs 10 per piece,” he said.
Calling for foolproof punching procedures to save jewelers and innocent consumers, the petitioner said: âNowadays many metals iridium and osmium are mixed in the making of jewelry. Most jewelers don’t know this and just rely on punching. punching centers to help them. When punch centers do not perform proper testing, there is no security for jewelers. “
XRF machines only test one spot in jewelry, and therefore adulteration of iridium and osmium would not be detected if the metals were not mixed at the particular point of the jewelry that is scanned by the machine, according to the petition.
“Jewelers, who are only traders, cannot be held responsible for any defect or adulteration, especially when the jewelry has been hallmarked by BIS approved hallmarkers after verifying the quality and weight of the jewelry. gold, “the petition says.