50
th
ANNUAL REPORT 2015-2016 THE GEM & JEWELLERY EXPORT PROMOTION COUNCIL
11
(v) having so abused his position as to render his continuance
in office prejudicial to public interest; and
(vi) having been guilty of proved misbehavior
An existing Member can be removed from TDC forthwith on
account of the aforesaid disqualifications arising or being
discovered.
5.6 The Members shall be entitled to appoint Advisors to
the TDC who shall be senior and reputed persons from the
Industry.
6. TENURE OF MEMBERS:
The tenure of the members of the TDC shall be 3 (three) years
from the date of appointment. However, in the event of the
members nominated by the Trade Bodies are not part of the
Managing Committee of the respective Trade Bodies before
the end of the tenure of TDC then their tenure will come to an
end on ceasing to be a part of the Managing Committee of
such Trade Body and such Trade Body will have to nominate
another member in the place of such member for the balance
term. After the initial period of 3 (three) years, 1 (one) out
of the 3 (three) member of the Trade Bodies shall retire by
rotation.. Out of the Members which are part of TDC by
selection, 1/3 shall retire after the term of 3 (three) year and
shall be eligible for re-appointment. In the event any Member
has been part of TDC for a continuous period of 3 (three)
years, then he/she shall compulsorily observe a cooling off
period of 1 (one) year before being appointed again to TDC.
Eg: In case of members nomination by Trade Bodies to TDC
on 1 January 2016, then their tenure shall come to an end on
1 January 2019. Thereafter one member from each of the 3
nominated members from each of the Trade Bodies (i.e. 3
members in aggregate) shall retire and a new member shall
be appointed in his place. Thereafter, on 1 January 2020
another member who has been a member for more than 3
years shall retire from each of the Trade Bodies and a new
member shall be appointed in his place, so on and so forth.
[NOTE: If necessary we can also put this into a table form]
In case of members appointed by selection on 1 January
2016, then tenure of 1/3 of the members shall come to an
end on 1 January 2019 who shall retire and new member
shall be appointed in their place. Thereafter, on 1 January
2020, another 1/3 members who have completed 3 years
shall retire by rotation and new members shall be appointed
in their place, so on and so forth.
It is clarified that in the event of a Member being a part of a
Sub-Committee and any matter is pending before the Sub-
Committee at the time of retirement of the Member, then such
Member shall continue on the Sub-Committee until such
matter/s are completed. However, except being part of such
Sub-Committee for the limited purpose of completing the
pending matter, such Member shall not have any other rights.
7. ATTENDANCE:
The Members must attend atleast 50% (i.e. ?) of TDCmeetings
and be available for the purpose of being appointed to the
Sub- Committees.
8. VACANCY:
In the event of vacancy of any of the Members of TDC, then
such vacancy shall be filled immediately. In the event the
vacancy is from any of the Trade Bodies then such Trade
Body shall nominate a new member to TDC and in the event
if vacancy from any of the invitees then TDC shall nominate
such member/s in order to fill the vacancy. However, vacancy
shall not affect the functioning and decision making authority
of TDC.
9. JURISDICTION:
TDC shall deal with the issues / grievances arising during the
trade of gem and jewellery more particularly:
(i) Fraud;
(ii) Cheating;
(iii) dealing in CVD, man-made, Synthetic, lab grown, and
unnatural Diamonds without making disclosures;
(iv) making false and incorrect inscription on gem and
jewellery;
(v) non-compliance and/or breach of business practices
(including financial disputes), customs and ethics;
(vi) issues relating to bankruptcy of persons in trade more
particularly as per trade customs and practices;
(vii) any other or further matter that the TDC deems fit, in
relation to the Industry.
TDC shall specifically not deal with the issues/ grievances
which are not in relation to the trade of gem and jewellery. TDC
reserves its right to refuse to deal with any of the grievance if
it is of the opinion that the same is beyond their jurisdiction or
is otherwise in breach of any of any of the provisions of law.
10. LIMITATION:
The Complaint shall be filed by the Complainant within
a period of 2 year from the date of which the cause of
action arose. In the event the Complaint is filed beyond
the period of 2 year, then TDC shall be entitled to condone
the delay on the basis of a separate application specifying
the reason for the delay and TDC being satisfied with the
reasons for the delay. Further, in the event there are any
complaints pending with any of the Trade Bodies which
are within the jurisdiction of TDC on the date of these rules
coming in force then the Complainant is entitled to refer such
Complaints to TDC subject to obtaining no objection from
the relevant Trade Bodies before which such Complaint
is pending. Such pending Complaints shall be dealt
with afresh by TDC as per these rules and regulations.
11. COMPLAINT:
11.1 The Complaint can be filed by:
(i) members of any of the Trade Bodies against their own
members or against the members of another Trade Bodies;
(ii) members of any of the Trade Bodies against third parties
who are not members of any of the Trade Bodies;
11.2 Complaint cannot be filed by Persons (including
Companies, Partnerships, Limited Liability Partnership, Sole
Proprietorship, Hindu Undivided Family (HUF), Trust or any
other organisation) who are not members of any of the Trade
Bodies.
11.3 The Complaint has to be in relation to issues and
disputes arising with regard to the Industry. Complaint which
is not in relation to grievance in relation to the Industry then
the same shall be rejected at the inception itself and the
decision of TDC shall be final.
