50
th
ANNUAL REPORT 2015-2016 THE GEM & JEWELLERY EXPORT PROMOTION COUNCIL
12
12. DISCLOSURE BY THE MEMBER OF TDC:
In the event any Member of the Committee is a relative of
either of the Party to the Complaint or has a conflict of interest
or is interested in the Complaint, then the same shall be
disclosed at the first instant itself. Pursuant to the disclosure,
in the event the affected Party (i.e. the Party which is not in
conflict) does not have any objection of the Member of the
Committee continuing despite of Conflict of Interest, then the
affected Party shall grant its no – objection in writing to the
TDC / Sub – Committee. In the event the affected Party does
not furnish its no objection in writing then such Member of
the Sub- Committee shall recuse himself from the Complaint.
13. PROCEEDINGS BEFORE TDC:
13.1 The Complainant shall furnish the entire complaint in
writing addressed to TDC specifically stating the facts of the
matter in detail, jurisdiction and that the complaint is within
the period of limitation.
13.2 Upon receipt of the Complaint, the same shall be placed
before the TDC and TDC shall out of the Members appoint
5 or 3 Members committee to deal with the Compliant as it
deems fit (hereinafter referred to as “the Sub-Committee”).
Each Sub- Committee shall appoint a Convener. The
Sub-Committee shall be deemed to be empowered and
authorized by TDC with respect to all decisions and actions
in regard to the Complaint in accordance with the rules
herein. The Jurisdiction of the Sub-Committee shall not be
questioned by TDC. Pursuant to the appointment of the
Sub-Committee, the complaint shall be scrutinized by the
Sub-Committee with respect to the contents, jurisdiction
and limitation. In the event the complaint does not disclose
the facts correctly or in detail or there is discrepancy in the
complaint in respect of jurisdiction and limitation then the
Sub-Committee shall return the complaint and request the
Complainant to present the complaint after complying with
the form and rules. In the event, the complaint discloses
the facts and is within the jurisdiction of TDC and period of
limitation, then Sub-Committee shall first record the same
specifically that the Complaint is within Jurisdiction and
limitation. In the event the Sub-Committee desires, then
it shall be entitled to take assistance of professionals like
Advocates, Chartered Accountants, Bankers etc. in order to
redress the Complaint. The Cost of such professionals shall
be paid by the Complainant.
13.3 In the event, Sub-Committee is not convinced that the
Complaint is within its Jurisdiction and Limitation then it shall
record such a finding and first call upon the Complainant to
satisfy the Sub-Committee only on the issue with respect to
Jurisdiction and Limitation. Upon the Sub-Committee being
satisfied with the Jurisdiction and limitation it shall accordingly
record the same before proceeding with the matter. In the
event, the Sub-Committee is not prima facie satisfied that the
Complaint is within its Jurisdiction and/or within the period of
limitation then it is entitled to reject the complaint.
13.4 After recording that the complaint is within Jurisdiction
and Limitation, the Sub-Committee shall send the complaint
alongwith all the supporting documents if any to the
Respondent, calling upon his response on the Complaint.
13.5 The Respondent shall furnish its reply to the complaint
in writing alongwith all the supporting documents if any within
a period of 15 days from the date of receipt of the complaint.
13.6 Upon the receipt of the reply of the Respondent the
same shall be recorded and forwarded to the Complainant
for his rejoinder to the same, if any. The Complainant shall file
its rejoinder if any within a period of 15 days from the date of
receipt of the Reply.
13.7 Upon receipt of the rejoinder of the Complainant, the
same shall be recorded and forwarded to the Respondent
for his Sur-Rejoinder if any. The Respondent shall file its Sur-
Rejoinder if any within a period of 15 days from the date of
receipt of the Rejoinder.
13.8 In the event the Parties fail to file their respective
pleadings within the prescribed period or the extended
period if any granted, then the Committee shall presume that
it does not desire to file the same and proceed without such
pleadings.
13.9 In the event the Respondent in his Reply has raised the
issue of Jurisdiction and/or Limitation then this issue shall be
dealt with first by the Committee before proceeding on the
merits of the Compliant.
13.10 After the pleadings of the parties are complete, then
the Committee shall fix a date of hearing of the complaint.
13.11 The complaint shall be decided only on the basis of
the pleadings and documents placed before the Committee.
13.12 In the event, either the Complainant or Respondent
desires to produce any witnesses, then a formal application
is to be made in this regard and the Sub-Committee shall
decide upon the application. In the event, application is
allowed then the witness shall file his/her statement before
the Sub-Committee and thereafter also be available for cross
– examination by the Respondent.
13.13 In the event either of the Parties desire, they can file
their written submissions in the matter within a period of 2
weeks from the date of final hearing of the matter.
13.14 Neither of the parties shall be permitted to make oral
applications. All applications shall be in writing addressed
to the TDC.
14. DECISIONS WITH RESPECT TO PROCESS:
In the event of any deviation from the above process or
any act which is not defined or enumerated herein then the
same shall be taken by the majority of TDC and recorded
accordingly.
15. DECISION OF THE SUB-COMMITTEE:
On the basis of the pleadings and documents submitted
by the parties, the Sub-Committee shall give a decision on
the Complaint. The decision of the Sub-Committee shall
be unanimous. In the event, the decision is not unanimous,
then the Sub-Committee shall inform the TDC and TDC
shall nominate either 2 or 4 further members to such Sub-
Committee for the purpose of hearing the matter. After
appointment of further members to the Sub-Committee the
decision shall be by majority. On the passing of the decision
the same shall be communicated to TDC and the respective
parties. TDC shall prepare separate guidelines for the Sub-
Committee with regard to the decisions.
In the event of an Application to pass an interim decision,
