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How to Appeal Against an Order Under the BIS Act: A Guide for Jewellers

The Bureau of Indian Standards (BIS) plays a crucial role in regulating and maintaining standards in various industries, including jewellery. However, there may be instances where jewellers feel aggrieved by an order issued under sub-section (4) of section 14 of the BIS Act, 2016. The provision of appeal offers a structured process for jewellers to seek redressal. This guide outlines the steps involved in filing an appeal, ensuring that jewellers can effectively navigate this legal process.

Understanding the Appeal Process

Under sub-section (4) of section 14 of the BIS Act, 2016, any person aggrieved by an order has the right to appeal. This section covers various orders related to registration, certification, and compliance with hallmarking standards. The appeal process is governed by the BIS Rules, 2018, which lay out the specific procedures and requirements for filing an appeal.

Steps to File an Appeal

Filing an appeal involves several key steps:

1. Identify the Grounds for Appeal: Clearly state the reasons why the order is being contested.
2. Prepare Documentation: Gather all necessary documents, including the original order, supporting evidence, and any correspondence related to the case.
3. Submit the Appeal: File the appeal as prescribed in the BIS Rules, 2018. This typically involves submitting a written appeal to the designated authority within a specified timeframe.
4. Acknowledge Receipt: Ensure that the appeal has been received and acknowledged by the BIS.

Review and Decision

Once an appeal is filed, it undergoes a thorough review process:

• Evaluation by BIS: The appeal is reviewed by the relevant BIS authorities to determine its validity.
• Hearing: In some cases, a hearing may be scheduled where the jeweller can present their case in person.
• Decision: The BIS will issue a decision based on the merits of the appeal, which may involve upholding, modifying, or overturning the original order.

Common Questions and Answers

• Who can file an appeal under the BIS Act? Any person or entity aggrieved

by an order issued under sub-section (4) of section 14 of the BIS Act, 2016, has the right to file an appeal. This includes registered jewellers and other stakeholders affected by the order.

What are the timelines for the appeal process? The specific timelines for filing an appeal and for the review process are detailed in the BIS Rules, 2018. Typically, the appeal must be filed within a certain number of days from the date of the order being contested.

What happens if the appeal is successful? If the appeal is successful, the BIS may modify or overturn the original order. This could result in the reinstatement of a registration, adjustment of penalties, or other remedial actions as deemed appropriate by the BIS.

Conclusion

The provision of appeal under the BIS Act, 2016, ensures that jewellers and other stakeholders have a fair opportunity to contest orders they